Road Traffic Collis...
 

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[Closed] Road Traffic Collision- Rear ended by a car

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Last night I was involved in a collision with a car, it came from behind me and and knocked me off into the verge.
I had two rear led lights, one on the bike and one on helmet, both Exposure lights so also well lit up in front aswell.
Was wearing clothing with reflective detail and a hi visibility buff.
The lady claims she didn’t see me at all, I’m sure she didn’t as she didn’t swerve, brake or stop untill well after she’d hit me.
Was taken to hospital on a spinal board as a precaution but incredibly suffered no broken bones. Battered and bruised is an understatement but thankful to be walking wounded.
My reason for this post is to ask advice on how to go forward with insurance as my bike is bent and twisted.


 
Posted : 13/02/2019 2:32 pm
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Bloody hell, hope you heal soon.

Police would be my first port of call, then if you don't have specific bike insurance or british cycling membership, check your home insurance for legal cover.


 
Posted : 13/02/2019 3:01 pm
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Are you a Cycling UK or British Cycling member? Both have accident help lines iirc.

I've even read that CUK will let you join and get legal cover in cases such as yours, that might be BS though as I probably read it on here 😛


 
Posted : 13/02/2019 3:02 pm
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harsh hope your not seriously injured. Dont forget that how you feel immediately after - the next day is not truely indicative .

I had injuries appear 3/4 days after - stiffness , achey muscles , sore back etc So do keep a diary for a next few days. Had to get legitimate physio on my neck and shoulder

write it all down , take photos.

Really pisses me off , i had the old Tire lock up Brace for impact last night my self.....they stopped in time thankfully - but you do wonder what they are looking at - monday night im running home and there is a woman cycling without a care in the world in the black all in black with no lights up the main road .....

and yet people like you and me who are doing all the right things are getting knocked off....


 
Posted : 13/02/2019 3:06 pm
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Christ mate, hope you are OK.

    Get the police involved.

She didn't see you....

Demand she has a vision test, you know read number plate, tested and recorded by a copper, at the same time of day as your accident (same light levels etc).

Was she wearing glasses?

Condition of the windscreen of the car - clean, dirty, screen wash in the washer tank???

Was she distracted by fiddling with phone or radio or eating?

Myopic drivers like that should be charged with breaking some law or another.

Just no excuse.

Could have ended very differently.


 
Posted : 13/02/2019 3:17 pm
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Definetley get the police involved
Were there any witnesses?
Document everything whilst its still fresh in your mind. Keep a pain diary.
Go and see your GP and photograph bruises, cuts etc.
Get your bike assesed by a reputable bike shop.
List damage to clothing, shoes, helmet etc etc.
Go back and take photographs of the scene in daylight.
Were you in a well lit area i.e streetlights or an unlit road?
Check your home insurance policy and see if you have legal cover.
Hope you heal quickly.


 
Posted : 13/02/2019 3:43 pm
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Report it to the police - although this should have already been done.

The key piece of information is who is her insurer. Claiming for the bike (don't forget clothing, shoes & lights if they were damaged and a new helmet irrespective) is easy - just send them a bill if that's all you need / want. If you need compensation for injuries / time off / physio etc then it becomes complicated and you may need a lawyer on your side. I don't think there is any need to see your GP to document injuries if you've been to the ED on a spinal board.

Hope you feel better soon.


 
Posted : 13/02/2019 3:50 pm
 IHN
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Claiming for the bike (don’t forget clothing, shoes & lights if they were damaged and a new helmet irrespective) is easy – just send them a bill if that’s all you need / want.

Just a note of reality/caution - their liability is the value of the bike/clothes/equipment at the time of the accident, not new for old. Basically, whatever they were worth were you to sell them without the damage.

But as others have said, speak to the Police, get her insurance details, keep a diary of everything - how you're feeling, specific pain at specific times, conversations with the Police, with her, with her insurance, with anyone else (like, in my case, her husband).


 
Posted : 13/02/2019 3:58 pm
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I got bowled over in broad daylight by a lady broadsiding me at a t-junction, still accelerating as she hit me, rolling me off the front of her bonnet and into the road, where she stopped inches from my head. Scary as fark.

I had a witness or two, and a passing ambulance stopped. She admitted it was her fault, which made it all a bit easier.

I phoned the police when I got home. They take all the details, log it and provide an incident number.

I also saw an emergency doctor - was leaving the country the following day for 3 months, but needed to get my shoulder and hip checked...and a record of injury.

I'd have gone down the ambulance chaser lawyer route. They wanted to assess my injuries, which I didn't realise were as serious as they turned out to be at the time. I assumed I was just bruised and they'd subside. Not the case. Problem I had was, being out of the country I couldn't meet with the medical assessor until I got back to the UK.

Anyway - I dealt with the other parties insurance company directly and they were (with hindsight too) quick to offer a settlement - one for personal injuries and then for the bike after a local bike shop checked it over (for alignment, damage etc).

I accepted the offer on the basis that nothing was broken, accidents happen and wanted to move on. but over the course of the next month or two, my shoulder got worse and worse. Several thousand pounds worth of MRI scans, injections, osteo, physio and I was eating into my own money to pay for the damage someone else had inflicted on me (I have private health cover, but the costs burst out the top of my annual allowance!). I'd a shoulder impingement, torn labrum and post cortisone, was on the cusp of an operation. Thankfully after 18 months, I am getting back to some degree of normality. But it was a bloody uncomfortable and painful injury...where even things you take for granted such as sleep were wrecked as every time I rolled on it, there was shooting agony.

As per the above....not all injuries are immediately apparent (or at least the extent of them) - Definitely get one of the more reputable no win no claims types onboard - and good luck.

in the end I accepted money for personal injury, a scuffed bar, helmet, torn shorts, jacket and the check over of the bike.

Shout out to the Cotic Solaris which came through unscathed.


 
Posted : 13/02/2019 3:59 pm
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Ouch. Top tip, don't rush into making a claim. You need to give it time for your injuries to heal or otherwise, you may need to see different consultants in which case keep receipts of taxi/petrol costs, car parking costs etc and any travel costs if a person has to accompany you. You could need physio also. Don't be pushed into anything.

As an example a good friend claimed against a local Council for ignoring warnings about a pot-holed road. It took 4 years for the claim to be settled, she had loads of medical appointments with different consultants including some in London. She was unable to go anywhere on her own due to possible neuro damage. She was insured with CTC.


 
Posted : 13/02/2019 4:08 pm
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Went via Leigh Day for both of my recent ones.

First was knackered shoulder that was operated on 2 years after accident. Latest was broken spine - only just settled after 3 years, but settled before issuing court documents as was fed up with having someone watching over my shoulder (you end up under surveillance).

Just wait until any injuries subside before even agreeing to settle. You'll get cash back to get your bike/clothing fixed up quick, and possibly an interim payment if needing physio. My broken spine was quite severe, but I've recovered enough now.


 
Posted : 13/02/2019 4:16 pm
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when I got knocked of by someone on a phone, I got his details and claimed for damages using bikeline solicitors.


 
Posted : 13/02/2019 4:29 pm
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Thanks for all the advice, much appreciated.
I’m not a member of British Cycling but that was already recommended to me.
I’ve taken pictures of the damage and kept helmet/clothes as they were.

It would appear that she has hit the wheel then ploughed into my right leg, have scorch mark on trousers and swollen calf. Then sent backwards from the impact where my ass took a huge impact- it’s black, blue and grazed!
Helmet did it’s job when I hit the ground and was lucky to be pushed into the verge not road.

The bike is a 2016 Nukeproof Mega 290, rear wheel is destroyed, mech and hanger bent, possibly twisted swing arm but will need to get it looked at to confirm. Scratches to frame and fork sanctions.


 
Posted : 13/02/2019 4:37 pm
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their liability is the value of the bike/clothes/equipment at the time of the accident, not new for old.

Whilst this is true, there's not really a viable second hand market for sports kit, and it may be very difficult to replicate the spec/condition of your bike.


 
Posted : 13/02/2019 4:52 pm
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Bet the f***er was on the phone 🙁

Heal quick dude


 
Posted : 13/02/2019 4:52 pm
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Glad you appear to have come throuygh relatively unscathed, but just to reiterate - Tell the Police!

Take good Photos of everything. Especially the abrasions, and the bruising as it develops.

Make sure you get Leigh Day on the case.


 
Posted : 13/02/2019 4:55 pm
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I'd be treating the entire frame with suspicion after an impact which did all that, even if there is no obvious damage on examination.

Heal quick, don't be bounced (!) into accepting a settlement.

Also remember that that kind of lower leg injury can lead to clots and whatnot, so take it easy and watch out for any symptoms like shortness of breath.


 
Posted : 13/02/2019 4:59 pm
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sorry to hear that fella. I was hit in a similar fashion by some bloke who cut the corner as he turned right and was totally on my side of the road.

All good advice above but be prepared for the police to say no video evidence, nothing to see here, move along now, not interested.


 
Posted : 13/02/2019 5:08 pm
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Get a qualified professional to note your exact injuries. Take a note of your Dr / treatment & injuries. Document your recovery, including photos; bruises look worse after a few days.

Report to Police as an injury RTC, they are then required to formally record / investigate. Take a note of the enquiry officer and their contact details.

Get your bike shop to assess the damage to your bike and kit and estimate a cost to replace. You may get bartered down to 'value at time of incident' but RRP is a starting point; remember you can't buy a 2nd hand helmet.

If possible, have someone photograph / video / dashcam you in your reflective kit on your well lit bike at the same location / direction / time and conditions prevelant at the time of the incident. Make it obvious that a careful and competent driver would have seen you from way back and that the driver who hit you is 100% at fault.

Consult a cycle law specialist and don't deal direct with the driver's insurer, they just want you to go away with the minimum of money / fuss.

You have been injured and inconvenienced by someone who is a danger to others, be a pain in the arse and don't take no for an answer.


 
Posted : 13/02/2019 5:12 pm
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I’m also going through this - t boned on a roundabout by a taxi who didn’t fancy braking in early December Drove through my back wheel with my clubmate about two feet behind.

I’m not a member of BC(anymore) but am using Leigh day only because I was ignored by his insurers totally until I appointed them. The police were called to the scene and was taken to hospital etc. Nothing broken but messed up knee, shoulder and thumb.

The best advice I read on here was to claim on my own house insurance for the bike and get the insurance company to chase the other insurance. That way, you can replace kit, bike pretty quickly.

The injury claim is going to take months. The worst part for me has been the trauma post accident and my blimmin’ knee which is still swollen. Getting physio and some counselling though.


 
Posted : 13/02/2019 5:15 pm
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their liability is the value of the bike/clothes/equipment at the time of the accident, not new for old.

Insurance companies will try to palm you off with this, but the lack of established sh prices means its BS.


 
Posted : 13/02/2019 6:57 pm
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Just a note of reality/caution – their liability is the value of the bike/clothes/equipment at the time of the accident, not new for old. Basically, whatever they were worth were you to sell them without the damage.

I claimed for a new race bike on my house insurance. This was replaced well before any injuries had healed. Then Leigh day took the claim further and I settled after the three year statute of limitations. Document everything, get Professionals involved and don’t be shy in listing your expenditures - my claim included a recumbent trike as I commutes and couldn’t use my arm for months.

I settled on 50-50 liability in the end and was happy with the settlement. I accepted some of the blame for a broadside into a SUV on mini roundabout where the driver was in the wrong lane and failed to indicate right. And failed to stop Did not report and basically lied and lied to cover up. She nearly went to prison and would have had it not been for a small child - who was looking out he side window I smeared myself against at 20 mph. The money won’t make my wrist any better. But recumbent trike!


 
Posted : 13/02/2019 9:22 pm
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The liability is to put you back in the position you were in before the collision. If they offer a token "second hand value" then all you need to do is ask them to provide the kit for that price. they will not be able to do unless its a very common piece of kit.


 
Posted : 13/02/2019 9:36 pm
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I’m glad I’m with British Cycling. Claim process was simple and easy. Didn’t need to claim on my insurance. Defendants solicitor arranged a LBS to repair (£2.5k). Injury claim took longer and gear but not an issue. The delay was making sure I didn’t have any residual injuries. I got good advice all the way. Didn’t need to resort to forums. Top tip, ride on the road get BC or CTC cover.


 
Posted : 13/02/2019 10:03 pm
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Your gear claim is based on the age of the kit. New minus a % depending on how old it is.

Second hand value - urban myth


 
Posted : 13/02/2019 10:07 pm
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The bike value these day's is nothing - I got 'replacement parts' paid for. TBH, the damage to my bikes wasn't much, me, more so.

Be aware, the solicitor will massively 'egg up' any claim, and getting a specialist to 'finalise a report' - took my spinal specialist 6 months to correct a report - it put us right on the '3 year' timetable - had we had another 3 months to play with...

The stress of a major injury isn't worth getting it dragged out. I've given up road riding now, too much crap. I used to commute 25-40 miles a day. Too many near misses.

Make sure you aren't too badly busted up, get checked out, get the bike fixed, and move on. 3-4 years to settle a claim really messes with your head, especially if you've got pain or injury that will last a life time.

Oh, and being a fit cyclist goes against you. You'll be up and riding/driving/working again, but not able to do what you could - then tough.. I rode 5-6 days a week all weather. Now it's at most, two turbo sessions for an hour each, and a MTB ride at weekend - 1-3 hours on a good week.

I'm apparently OK, as I could get back to full time work.


 
Posted : 13/02/2019 10:09 pm
 poly
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It would be interesting to know if the police have charged her with Driving without Due Care and Attention. Round here that seems normal after collisions involving clear fault, but anecdotally it is inconsistent across the country.


 
Posted : 14/02/2019 9:09 am
 DezB
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It would be interesting to know if the police have charged her with Driving without Due Care and Attention

They won't without evidence. And ploughing into another human, that you haven't seen, unfortunately isn't evidence of not paying attention. (Especially not if that human has a bike between their legs.)


 
Posted : 14/02/2019 9:21 am
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The liability is to put you back in the position you were in before the collision

^ This. It doesn't matter what your insurance says, because you're claiming against the person who did the damage - and their 3rd party insurance legally has to cover claims against them. The deciding issue is what can you get persuade them to pay without actually going to court.


 
Posted : 14/02/2019 9:44 am
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Hope you heal quickly OP.
Would also like to know if the Police are invited.


 
Posted : 14/02/2019 10:56 am
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+1 hope you recover soon.

I'm slightly saddened by how many people have experienced similar things…


 
Posted : 14/02/2019 7:17 pm
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Back to the doctors today for a whole heap of pain relief- haven’t slept since Monday night. Breathing was difficult and chest tight. Was advised it will take a while for injuries to become apparent.
I’ve spoken to Leigh Day who seem confident it’s clear cut responsibility wise. I won’t be proceeding with anything untill I have spoken to the Traffic Officer.
Will be taking bike to LBC who is a Nukeproof dealer to check damage.

It’s frightening to hear all your similar experiences- I think myself lucky I lived to tell the tell but very anxious about amount of time off work and getting bike sorted


 
Posted : 14/02/2019 7:55 pm
 poly
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They won’t without evidence. And ploughing into another human, that you haven’t seen, unfortunately isn’t evidence of not paying attention. (Especially not if that human has a bike between their legs.)

I know that is what is reported here a lot hence my question - but I know that is factually incorrect and even in Scotland where corroboration is needed and the evidential burden should therefore be higher it common to see bike v car prosecuted, without it being scenarios that different to what people report here.


 
Posted : 14/02/2019 8:30 pm
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Have a look at this thread on LFGSS (London Fixed Gear & Single Speed) forum:
https://www.lfgss.com/conversations/131099/

It started off as a bit of advice, people kept adding to it and then it got severely edited (to take out all the anecdotal stuff) and left as a sticky. Lot of useful advice on there which has stood the test of time.

As others have said - document everything. You'll likely find that the insurance company want two estimates of bike damage and they may end up trying to give you vouchers for "their preferred dealer" or something similar so be prepared to jump through a couple of hoops around that one. That said, I know one case where the insurance company simply asked for the damages and transferred that amount of money (having already accepted that their client was 100% to blame).


 
Posted : 14/02/2019 9:13 pm

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