[Closed] Knocked off my bike today

Ouch

Glad your sort of ok!

Not a helpful post at all sorry....

Not sure on procedure but sounds like you’re in a better position than most if the driver admitted fault to police.

Best of luck for a swift recovery

make the claim, you are injured, you need a new bike.
take it easy and rest. glad to hear you survived.

paperwork takes forever. the main part of a claim is to get physio treatment you need and such like. forget the nhs you'll have to wait and service could be hit or miss.

i got knocked off my bike a few years ago, it was a right pain mentally physically and emotionally,at least you have witnesses, police report etc
so it seems an easy win,

in which case do not accept anything until your injuries are full recovered
9 months minimum (but longer if not full recovered)
if you accept the first offer, it could be significantly undervalued, if you start getting back/neck issues further down the line.

its a good call to speak to british cycling, they have a claims team

ps. before anyone judges my comments, i recently got rear ended into at a zebra in my car, after stopping for some pedestrians. i havent and will not be making a claim

ps. if you are on crutches that is serious

Glad to hear you're ok. Sounds bad though; crutches is serious. You're pleased it's not worse; that doesn;t mean you're good though.

Write down your account now - you'll be retelling it time and time again.

keep a diary of ALL pain. score it from 0-10. however minor. In 4 weeks/ months a Dr will be asking you and it will be a strange memory.

I still suffer from a 2010 crash. I wish I had understood how the system worked better. Not to play it but to use it.

If you can’t weight near in one leg and have to use crutches it sounds bad and more than bruising. Definitely keep a record of pain you have as detailed above and once the swelling goes down get some medical advice. You may well need physio, but they often can’t start straight away.

Best wishes and heal well. I can't add more than the above posters. Contact the experts.

Sorry I cannot comment on the accident as never had anything like that happen. However what the guys above have said is good advice a few years ago I hurt my right leg falling down some stairs.

“short” version is:
2 visits to different hospitals and my gp all telling me it’s a sprain and basically walk it off,4 weeks later still in a LOT of pain I requested to be referred for physio after my third doctors appointment. A week later I saw the physio, within 5 mins she diagnosed a ruptured Achilles’ tendon sent me back to the hospital. I saw a consultant the next day I was put in cast and had surgery a week later.

I was in a cast for 4 months un able to weight bare then a segical boot for 2 more the 3 months of physio. It was the best part of a year before I fully recovered. Oh yeah and I was due to go on a big family holiday the day after seeing the consultant. Up until then I was assured by numerous healthcare professionals that it was safe to fly. The consultant told me if I flew I would probably die from deep vein thrombosis.

Don’t mean to scare you but take your injuries seriously.

Not wanting to hijack the thread but similar circumstances....as far as witnesses go, are they still called for a statement assuming the driver admits responsibility?

I saw a guy get knocked off quite badly last week and left my details with the attending Police, was expecting to have been contacted by now but nothing. Would like to know how the guy is as much as anything.

All the best Mounty, hope you’re back right soon.

Hard luck Mounty . Get well soon.Definitely seek professional help.
If you can't put weight on your leg after your swelling reduces a bit I'd be chasing an MRI. This is how my ACL failure started life ,albeit after football rather than a collision. I had two weeks on crutches, thought it was ok and then went to the gym , was doing some stretching then snap! followed by extreme pain.

I hope you heal quickly.

Bad luck and get well soon!
Unfortunately, soft tissue damage can actually be worse than a bone break...

I was just at the docs yesterday seeing about pain medication for ligaments torn in a motorbike accident 10 years ago....

Also, you need to wait about 2 years to claim compensation (well, don't "need" to, but "should")
Just in case any complications come out later. Plus you can claim more expenses - like taxis etc

You'll have plenty of time to spare so read the very sage advice on here:

https://www.cyclechat.net/threads/accident-advice.226114/

Also, you need to wait about 2 years to claim compensation (well, don’t “need” to, but “should”)

Careful! You should start your claim when you are aware you've been damaged - i.e., straight away - but the claim doesn't need to be settled for quite some time until you have better diagnosis / prognosis and full list of costs etc.

If you delay notification you run the risk of hitting the statutory limit (3 yes here) plus the defence can simply become a case of "Well, you didn't make a claim at the time... ".

Thanks for all the replies and the useful info. The policeman called me last night, a sound guy, really helpful.

My helmet did the job, not that I ever ride without one! Going to get in touch with British Cycling today.

That ride was only my third ride out after recovering from an operation, I really needed to get out, as most you guys will know that it really does you head in when you cant get out and ride!

I know it was an accident and she admitted she was to blame, but I did feel for her as she was really upset and distraught. I was thinking of getting in touch with her just to let her know, but someone told me not to last night.....?

I look back on it this morning drinking my cuppa, it did scare the shit out of me! But it could have been a lot worse!

Don't contact her. At all. Concentrate on your own healing - she has insurance for a reason! The personal contact element will just muddy the waters.

Don’t contact her. At all. Concentrate on your own healing – she has insurance for a reason! The personal contact element will just muddy the waters.

Ok, fair enough 🙂

No, don't contact her. She may be the decent sort and willing to do the right thing but she will discuss this with her friends and family who will no doubt blame you and advise her not to cooperate. They will view your attempt to mend bridges as an admission of guilt.

Plenty of sound advice.
A couple of bits to think about.
Keep a diary of pain and how you are feeling. Photos on any injuries, bruises etc.
Photos of the accident site and annotated diagrams of what happened etc.
Write down what happened whilst its still fresh in your mind.
Get your bike looked at by a decent bike shop. Get them to check the frame, wheels, the lot.
List damage to any clothes, shoes and gear you were wearing at the time. Consider replacing your helmet, even if it appears unmarked.
Try and contact the witnesses and get statements off them, don't assume the police have done this.
The driver may well have been upset and shaken up at the time, but they can turn into lying SOBs when they realise how much it could cost them to replace your bike and kit etc.

Hopefully it'll be fine and you'll be reimbursed for any damaged items.
Rest up and I hope you're feeling better soon.

but after all its only a bike

!!

when I was knocked off I tried to claim for the barest minimum - 3 massage sessions, new fork, etc but the insurance company gave me the run around because liability wasn't admitted.

In the end I went to a no-win/no-fee type place and let them do their worst, but it is then a fight to stop their doctor making up all sorts of fraudulent stuff, like whiplash. After trying to get amendments many times I gave up in the end and let them claim for it.

Worth getting to a decent physio, or even osteo that has good massage skills, and let them work on all your messed up muscles. My osteo loosened up my injuries massively with major massage work.

I feel your pain. BC members get access to Leigh Day lawyers. They are very thorough, my claim is still in progress from an accident in May 2017 that resulted in multiple injuries. For your bike and kit, check your own house contents insurance, if it's new for old you'll get a better deal by claiming. Your insurers will recover the costs from the driver's insurance and you won't lose any no claims.
Don't contact the driver, but do pester the police to prosecute for careless driving. My driver got a fine and 6 points after pleading guilty.
Good luck and heal fast...

Made contact with british cycling this morning, then just spoke with Leigh Day who took all the information from me.

So wait and see what happens......I just want/need my bike! lol

I'm pretty sure my colleague at work used Leigh Day when he was knocked off a couple of years back.
He got paid out in a few weeks as it was a simple case where the driver admitted liability.

As others have said - absolutely do not contact the driver - she is not your concern.

If your on crutches don’t think you will be cycling for a while. Sorry to hear about your off hope you heal quick. If you normally cycle to work then keep a record/receipts for your travel costs to work till your back on the bike.

Now the important thing how is your bike?

I got skittled off my bike this morning on a roundabout while commuting to work. Have a badly bruised behind so know how you feel. Driver blamed the low sun and a bird flying in front of the car. Hope that was true and he wasn’t texting. I’ll be making a claim if my bike is damaged or my injuries are worse than I think through BC.

Seems to be a lot of inattentive drivers about.

My bike is being held at the local police station, I have no idea on the damage as I didn't see it, we will collect it over the next few days.

Almost every week I have a close call with a vehicle or an idiot. Last week some idiot slowed down and deliberately flicked a cigarette at me.

Prior to that I had a very close call with a car and it's wing mirror, luckily I caught up with him as he was turning around in a car park, he said that he hadn't seen or overtook a cyclist, it was probably the first time that I lost my temper and I swore at him!

I get really fed up with drivers overtaking and not giving enough room, especially when they try and squeeze by, between me and the oncoming traffic!

I have just had an email from the BC solictors, as there is quite a lot of reading, which I will read shortly.

Can someone explain in simple terms how the whole process works please?

I have a 2014 Whyte Sussex which has been a great bike and its done many miles, but it looks like the insurance payout/cost will be very small. I accept that the bike is worth very little in terms of cost, but to me its worth a lot more, I ride it a lot, like most of us do.

I'm just a little annoyed that I will suffer more than 'just the cost of the bike' and the fact that I will have to pay out more to get another bike!

Insurance should put you back in the position you were in. If they only offer a small "second hand" value for the bike ask them where you can get one from at that price. Don't accept first offer

Can someone explain in simple terms how the whole process works please?

Depends on factors like who is in the wrong, if liability has been admitted from one party or if the insurance need to do the run around to prove it.
Remember, a driver may admit liability at the scene but then change their story later. Most people think a bike is £200 from Halfords so when they find out that it was worth £3000, they suddenly remeber that actually they weren't at fault...

All of this can affect the time taken to get recompense - perhaps the policeman who saw you is on holiday or snowed under on another case, perhaps you're waiting for further medical treatment all of which can add weeks to the claim time.

Let Leigh Day deal with everything, that's what they're there for (and they're very good).
Keep records of everything - costs incurred if you have to get public transport instead of riding your bike, written records from the bike shop detailing replacement costs of bike, helmet and any clothing that was damaged.

The driver should be fine - remember you're not going after her personally so don't feel bad, it's her insurance company who'll be paying for it.

Actually to add to the above: if the driver's insurance is not putting you back in the position you were in before the incident, have a look at claiming on your household insurance for the bike. Again, depends on what the driver's insurance company do, what home insurance policy you have, if the bikes are covered on new-for-old and so on.

But as TJ says, it should be the driver's insurance that pays for a new bike of equal spec to the old one.

Surely compensation is due if rider injured?

@crazylegs : "Also there were two witnesses. The ambulance and police attended. The policeman took a statement from the driver and she has admitted it was her fault."

Think they'd have trouble changing their story here!

As I mentioned above, in my accident the drivers insurance would only pay for the current value of the bike. I was advised by pedal cover to claim from my own insurance that is new-for-old and they then recovered the costs from the driver's insurance company, with no impact on my no-claims. So talk to your own insurance company as well to see what they say.

As above note pain on a 0-10 scale. Really to say how ouchie it is now but it will also indicate if it gets worse. I've it was 7 but is now 8

@crazylegs : “Also there were two witnesses. The ambulance and police attended. The policeman took a statement from the driver and she has admitted it was her fault."

I did see that but I've also heard drivers change their stories in spite of that (which then requires weeks of re-interviewing witnesses).

It sounds a pretty simple clear-cut case which should be one less thing for you to worry about. Honestly, LD are fantastic, you're in good hands.

I know theses things are complicated and that they take time. From what I have heard and read LD are good at what they do.

I think I am just frustrated with it at the moment. I had only returned back to cycling after recovering from a throat/neck operation. This was my third ride out since leaving hospital and things were just starting to get back to normal, then this happens.....now I am stuck between another 4 walls!! LOL

The insurance company have offered an early settlement figure. A couple of questions.....

The offer is for injury compensation, but not a word on the damaged bike and equipment, helmet & bib shorts....I have submitted photo's etc. It just makes me a little angry that all this happens and it wasnt my fault, why should I lose out?? Or does the settlement figure take this into account?

My hip is still hurting but I have been told it will take upto 3 months or may be longer, so I understand and accept that.

All I hear is dont accept the first offer, I just closure on it......but I will say the solicitors have been very good and helpful.

why should I lose out??

You don't - that's what insurance is for. Although, they are a bunch of money grabbing con-merchants, so you do have to chase them for what you are due!

Not been knocked off my bike yet but have gone through car crash injury claim.
Post or email offer letter to your solicitor, keep a copy.
Get on with life for next 6 mths or so to see how the muscle damage stabilises.
Keep on filling in your pain diary at least weekly
Keep all receipts for new clothes and bike parts etc that you have bought or are buying to replace those damaged in the crash. Most layman would not believe how much bike kit costs

Be prepared for this to take 12 -18mths to settle , just go with the flow

OP, do you live in Surrey and was the driver a tired looking lady..? 🤣🤣🤣

There's discussion in the posts above about what insurers will pay. The person who injured you and damaged your property is liable to pay you damages. The amount of those damages is for your solicitor to negotiate and if necessary go to court about. Since you're a third party, her insurance is legally required to cover that amount, whatever it is. The terms of her policy, when she's claiming for herself, are irrelevant to you, as are the terms of your policy because you're not claiming on it.

Exactly. If her insurers refuse to pay a sensible amount to put you back in the position you were before, then it's reasonable to go to small claims against the driver for the difference. She is personally liable for the accident, her insurance is simply an arrangement she has in place to mitigate the effects of her bad driving, and nothing to do with the OP.

If her insurers refuse to pay a sensible amount to put you back in the position you were before, then it’s reasonable to go to small claims against the driver for the difference.

Which her insurers will be legally liable to pay, whatever they were going to pay before, because motor insurance must legally cover all claims from Third Parties (third party in my policy is unlimited for death or injury and up to £20M for property).

I would not accept a settlement for injury before the injury is healed.

On the bike and clothing - if they offer a derisory second hand value simply ask them to tell you where you can get the stuff replaced for that amount - and of course second hand clothing or helmets can never be acceptable

Insurance companies will make derisory first offers and try to wear you down. Don't let them win

YOu must be put back in the same position you were before the collision and / or compensated for losses / injuries.

Its tough - but keep at them.

On the couple of occasions that I've been knocked off I've had the full cost of a new helmet without any quibbling. I can't remember if any of my clothes were damaged (don't think so) so can't comment on wear and tear there.

For the injury, absolutely DO NOT ACCEPT ANYTHING until you are sure that you are fully healed. Not just "it's not sore to the touch anymore", make sure you can ride the frequency/distance/speed that you could before without any niggles before you say "yes, I'm healed". Until that point you can't put a value on the injury.

What's happened in my two cases was I got a cheque early on for the damage to helmet and bike, then dealt with the injury side of it seperately.

On the bike and clothing – if they offer a derisory second hand value

How does that work with bikes? With a car you get some semi-agreed value based on the age etc -is it possible to get full replacement cost for a new bike?

I theory they can offer you the second hand value I believe. However there is very little in the way of benchmarks for this and the sums involved are small usually - so sometimes they just offer you the new replacement cost.

They will try to get away with the minimum they can however - so you have to keep on pressing them. If they offer a made up second hand value then you have to ask " how can I replace it for that - show me the same bike available for that much" Obviously if its a common off the shelf bike that may be possible but for something rare or custom built?

I have been asked to get a quote/repair bill etc from a bike shop and/or market value of the bike before the accident.

I dont think the value of the bike would be that much, I think I paid around £600 new back in 2014. Most of the damage is cosmetic, frame, forks, pedal and crank on the right side where its slid across the road.

Helmet and bib shorts were damaged so I am claiming for these.....