[Closed] Hit by a car when on road bike - what next?

You a member of BC or CTC?

No.

Call their insurance directly. They may help, if not, get your solicitor onto it.

I don't have a solicitor. Never needed one before!

See what the insurance company offer you

If you don't like it, instruct your own loss adjuster

This should be quite useful:
http://www.lfgss.com/thread4213.html

Can't help any more though, only been hit off once, not that bad and the chap just drove off before I had time to think/get up.

house insurance might cover you.

i don't want to be *that* person. but it makes a lot of sense to be in the CTC/ BC if you're going to ride on the road/ in traffic etc.

Yeah it's something I've been meaning to do for ages - should've done it!

I had exactly the same accident as you a few years back. one of the cars in the stationary traffic "flashed" a driver to let her turn right into her property, crossing the cycle path. You cant see them coming because of the stationary cars and they cant see you either until impact. Im very wary of this now. I braked so hard I went over the bars but I was so close to the car i ended up pushing myself up onto the roof. No damge to me, the bike or the car so I did not pursue it but at the time I was a member of british cycling so I could have pursued it for free if there was damages. It was a close shave. I dont know who was to blame really. Perhaps the kind soul who flashed her in and left a gap for her to cross through.

Flashing someone across is a breach of the highway code, rule 110 I think. Not sure you could hold them to blame for the accident though as the driver that hit you has a duty to ensure they have a clear path and shouldnt just go blindly because someone flashed them through.

www.cycleline.co.uk

or get a copy of cycling weekly, lots of cycling solicitors advertise their services in there, and make a good recovery.

dear OP - hope you heal fast and the drivers insurance coughs up quickly to sort the repairs.

everyone else, join CTC/BC and dont ride up the inside of traffic, cycle lane or not.

it's a case of cyclist beware.
the 2 incidents I've had while filtering where both when I was passing on the right, each time the driver got bored and just pulled a right with out looking. 1st time I too a hit, the 2nd i was very close to it!!
basically, if you are filtering ALWAYS expect something stupid to happen.

I presume you actually mean http://bikeline.co.uk/ project? Your link just takes you to a dodgy search page. Just contact them - they'll make it just as easy as if your insurance company was dealing with it when you were driving a car (actually easier as they won't mess you around). Actually no advantage to being in the CTC/BC compared to using them.

I'm sure Bikeline will advise you, but you'll want to see somebody medical to get your injuries checked out ASAP - if you've got concussion symptoms it's always a good idea to get proper medical advice anyway. (cue lots of idiots complaining about people claiming for injuries putting their insurance premiums up 🙄 )

* I should mention when commenting on these threads that Bikeline is partly owned by a friend of my sister, but I've certainly got no personal link with them apart from being a satisfied customer.

Easy peasy - ring their insurance - at least to find out of he has contacted them and admitted liability - you may be surprised.

If not contact one of the plethora of claims companies (just make sure it's one of those that you get 100% of the payout from.

Good luck.

House insurance should cover damage to your bike if it's a named item. You should then be able to get your insurance to contact theirs.

Solicitor all the way. Use a cyclist specific one if poss.

If I didn't ride on the left of vehicles in the cycle lane I'd never get home - may as well go in the car!

dont ride up the inside of traffic, cycle lane or not.

What else do you suggest? Riding up the outside where there might not be room and you'd risk coming into conflict with traffic coming the other way? Waiting at the back of the queue of traffic (most of which overtook you recently in their haste to join the queue) rather than using the advantage a bicycle has? I'd certainly use a bike lane to pass a traffic queue - though for all the reasons given above I'd slow down and be very careful when passing turnings which drivers might turn into/out of where they might not be looking properly.

[i]basically, if you are [s]filtering[/s] [b]riding your bike[/b] ALWAYS expect something stupid to happen[/i]

Fixed that for you. 😉

I'd second the CTC recommandation, bit late now like. Do it immediately anyway.

I rarely filter traffic on the left nowadays. I filter down the right if there's room or not at all. Too many near misses. Exceptions being where there's a very wide cycle lane and the traffic is clogged and not moving at all.

Actually no advantage to being in the CTC/BC compared to using them.

Apart from the public liability cover, should any smash get deemed your fault or partially your fault.
You may or may not have this on a household policy and it may or may not bother you.

...whilst in some circumstances it might be easier to contact the driver's insurance directly, in a case like this they'll doubtless dispute liability, so you'll need to use a proper solictor - note that Bikeline I've recommended above (there are other similar companies) are a proper claims company who will get you 100% of your claim, and obviously have lots of experience of cycle claims.

I'd certainly use a bike lane to pass a traffic queue - though for all the reasons given above I'd slow down and be very careful when passing turnings which drivers might turn into/out of where they might not be looking properly.

This. Must say the most dangerous part of my London commute is the section through Tooting with dozens of side roads for people to 'nip' into - not helped that it's usually done at speed to avoid the oncoming traffic.

Might your house insurance be able to help? They'll almost certainly offer you 3rd party insurance, don't know if they'll pursue a claim for damages against a 3rd party though.

Apart from the public liability cover, should any smash get deemed your fault or partially your fault.
You may or may not have this on a household policy and it may or may not bother you.

Well yes, but I don't think that's the reason most people are recommending being a member in these circumstances. There seems to be a mistaken belief that you get some advantage when claiming compared to just going direct to a cycle specific claims company. In any case, as discussed on here previously, every single household insurance policy I've ever come across includes public liability insurance for cycling (that's including the policies held by all those people who think they're not covered but have then gone and checked). So only useful for that if you don't have household insurance.

and dont ride up the inside of traffic, cycle lane or not.

Aint. Never. Gonna. Happen.

Bikes filter. End of story. As a motorcyclist I filter up the outside, and do you know what happens when someone turns into you then? It becomes a 50/50 accident as you are overtaking, in some cases

It's one of those crap situations where no matter what you do, it's weighted in favour of the halfwit that just took you out

-------------------------

On a different slant, I'm the OPs brother and I've spoken at length to him about it, and the guy that knocked him off needs taking down a peg or two from the sound of it.
Personally, I'd have him for every penny I could scape out of him.

On a different slant, I'm the OPs brother and I've spoken at length to him about it, and the guy that knocked him off needs taking down a peg or two from the sound of it.
Personally, I'd have him for every penny I could scape out of him.

In which case definitely get Bikeline (or similar) on the case, get the injuries assessed and put in a claim for those (if nothing else you'll upset all those on here who don't like people claiming for injuries). DON'T go direct to their insurance company if claiming for injuries.

robdob, you have my condolences, for the accident and for having PeterPoddy as your brother.

http://www.rjw.co.uk/#axzz2A1nfbpcj

http://www.leighday.co.uk/home

RJW used by the CTC
Leigh Day used by BC.

either will take on your case. both are very well respected.

what you need to do is make a diary of the injurys (+what its stopping you doing and medication). what hurt when etc.

In 6 weeks+ time you will have to explain it to a doctor and all the days will be jumbled and more than likely you'll be confused, leaving you to loose out on money you are entitled to.

start it now.

robdob, you have my condolences, for the accident and for having PeterPoddy as your brother.

Yes, sometimes it is difficult to deal with....

I'm going to get a quote for the bike fix (I know what needs doing but a written quote from a qualified shop will probably be needed) then contact the insurance company direct to try and get a payout to get my bike up and running again quickly. At the same time I will be contacting one of the companies in the back of one of the mags for an injury claim.

contact the insurance company direct to try and get a payout to get my bike up and running again quickly. At the same time I will be contacting one of the companies in the back of one of the mags for an injury claim.

Do the latter before the former. If you get a payout from the insurance company for the bike, the chances are you'll scupper any injuries claim - you want to get proper advice before contacting them. Then again, as I suggested above, the chances of any quick payout for the bike when dealing direct are unlikely in such a case.

Best of luck op. I was involved in something very similar, riding in a cycle lane inside of very slow traffic & car flashes an oncoming vehicle through. I was lucky, my mate who was a bike length in front wasn't so fortunate and spent a long time in hospital recovering from kidney and liver damage (he tried to turn away from the car and ended up hitting it side on).

The guy tried to claim it wasn't his fault, insisting it was the guy who had done the flashing who was in the wrong. To be fair, that didn't last long (I think it's standard practice to try "something") and his insurers soon paid out.

Any no-win-no-fee firm will do. I didn't use BC's services after my accident, seemed to be a right faff...

Home you heal up quickly, and get a decent check over on the bike. Worth noting that even if the bike is worth £1000, you would not get that, you'd get a percentage based on factors such as it's age etc.IIRC

Worth noting that even if the bike is worth £1000, you would not get that, you'd get a percentage based on factors such as it's age etc.IIRC

You have a right to be put back in the position you were before the accident. If the driver's insurance company can source s/h parts of the same standard as those that are broken then good luck to them. Otherwise they have to pay the quote from the bike shop to get it repaired. I've had a couple of claims against other parties, and both times I've got replacement cost of anything with even cosmetic damage (including parts which were still functional...)

Deductions due to age only generally applies either when dealing with your own insurance (in which case you're covered for what they say you're covered for), or for items with a thriving s/h market where obtaining a like for like replacement is straightforward (ie having a car written off).

I'm going to get a quote for the bike fix (I know what needs doing but a written quote from a qualified shop will probably be needed) then contact the insurance company direct to try and get a payout to get my bike up and running again quickly. At the same time I will be contacting one of the companies in the back of one of the mags for an injury claim.

don't do that.

pay out for the bike & contact a solicitor. if you contact insurance company they will only give you a 'full and final' payment; this means you have signed off on it effectively.

The link above to the lfgss thread is well worth reading, in fact it should be prescribed reading before you even start bike commuting.

The second thing that everyone needs to do is join British Cycling or CTC. You're supporting cycling, advocacy etc and you've got the insurance.

As for where and when you should/shouldn't filter, the only answer there is experience. I'll filter inside/outside/up the middle (dual lane of traffic) depending on the circumstances.

If the insurers accept liability a decent solicitor may be able to get you an interim payment for your bike while the final figures are thrashed out.

When I was hit I got a cheque for everything that was on the bike shop's quote (to the penny - no quibbling) and then a second cheque which was for everything else - damaged clothing, injuries, missed races etc.

I also found that the process took nowhere near as long as I expected - the accident was on 1 March and it was all settled in mid July. It helped that liability was clear cut, but the insurers didn't actually try to negotiate us down on what we asked for which surprised me a lot.

BTW I didn't have BC/CTC membership at the time and it was no issue - solicitor acted on a CFA and I didn't have to pay a penny. I suspect that the solicitors quite like it when you go direct as they don't need to pay a referral fee.

I can't afford to fix the bike myself unfortunately. And it takes months to get a payout so I'll be without a road bike for a long time - the bike I ride the most.

This sucks. 🙁

As for where and when you should/shouldn't filter, the only answer there is experience. I'll filter inside/outside/up the middle (dual lane of traffic) depending on the circumstances.

That.

On the inside often very much the worst option. Visibility, if not space (often due to bad road positioning by motorists), usually much better on the outside and also this is where motorists, usually, expect to be overtaken.

As a motorcyclist I filter up the outside, and do you know what happens when someone turns into you then? It becomes a 50/50 accident as you are overtaking, in some cases

Still 50/50 if you are overtaking but still on "your" side of the road and driver hits you by turning right into you? Would've thought this is entirely fault of turning driver.

Oh, @robdob. Hope it all works out, whatever happens.

I can't afford to fix the bike myself unfortunately. And it takes months to get a payout so I'll be without a road bike for a long time - the bike I ride the most.

This sucks.

have you spoken to a solicitor? they might give you a check on signing of the contract or they might advise that credit card interest could also be claimed.

If it was a bike lane on the inside then surely it is not really filtering as it is a 'lane'.

If the guy is not admitting liability then go to that bikeline link - that will force the issue and stop the guys insurers from dragging things out.

Assuming the other insurers admit liability then they should also be able to arrange a partial payment for your bike repair, so it might mean only a few weeks without the bike.

Talk to bikeline anyway.

Oh ffs stop trying to decide how he could have avoided the bloody accident! He didn't so it happened. You don't know the circumstances so answer original question or GET OUT.
Like I am.

On both occasions when I've been hit (once on my own, once with BC's lawyers) I've got a quick payout to cover bike repairs, helmet replacement (new price, there's not really a market for second hand helmets after all) and clothing damage.

The payment for alternative transport, missed races, injury etc came later.

Don't agree to anything until you're back to 100% btw, don't settle if you've still got niggles in case they're more serious than they seem.

If it was a bike lane on the inside then surely it is not really filtering as it is a 'lane'.

I'd have thought that should strengthen the OP's position. Even when bike lanes are provided I often don't use them, especially in slow/queuing traffic, because of drivers "flashing" others to make turns or making unsignalled left turns.

S'funny that these "filtering lanes" are often most useful to use when they're also the most dangerous to use. Often due to the poor road positioning of drivers that won't permit overtaking, in lane, down the outside.

I can't afford to fix the bike myself unfortunately. And it takes months to get a payout so I'll be without a road bike for a long time - the bike I ride the most.

Sorry to hear that. But get on with contacting one of the companies mentioned on this thread (I think you've been given a choice of 3 - all decent from what I've heard). Stop dithering, do it today. They'll be able to advise you better than us as to what timescale you can expect. If you can get the liability sorted then as mentioned above you should get an interim payment, at least as quickly as going direct to the insurers (likely far quicker).

No chance of anybody loaning you some bits to get you going? If you were anywhere near here (I presume you're not) I've got some bits you could have - I'm sure there must be some people on here with the bits you need who are local enough to you. Where abouts are you?

I've contacted one of the companies and a solicitor phoned me back. He was very helpful and knew a lot about cycling incidents.

He said that as it was a relatively minor crash (no major injury, at fault party pretty clear cut) then I may be best contacting the other party's insurance to claim for repairing the bike and a personal injury claim. He said they are often keen to do that if the driver admits responsibility as it saves them a lot of money dealing with another body such as another insurance company or legal practice.

So I'll do that.

He did say if I came across any problems then I could leave the matter up to them in a no win no fee basis.

As far as borrowing bits is concerned to fix my bike - thanks' - but not worried about that yet as it'll be a week or two before I get back on the bike anyway. I have quite specific requirements so it'd be hard to get something that suits anyway.

And an aside - if you've ever fitted drop bars/shifters/tape you'll know that it's something you don't want to do more times than is strictly necessary!! 😉

Thanks for the help everyone so far - I will let you know how I get on.

I have quite specific requirements so it'd be hard to get something that suits anyway.

I understand that POV, but if it's the difference between having a bike to ride or not, as you imply above...

And an aside - if you've ever fitted drop bars/shifters/tape you'll know that it's something you don't want to do more times than is strictly necessary!!

Glad to see I'm not the only one who really hates that job!

Pleased to hear you've got the ball rolling in the right direction, and even happier that you've got proper legal advice which contradicts mine! Fingers crossed that the driver doesn't decide to backtrack on admitting liability when he speaks to his insurance company.

Bike has been dropped off at the bike shop. As it was almost new (200 miles riding) it was easy to see what was damaged. Tiagra shifters, Kinesis DC07 Forks, FSA k-wing bars, Shimano 105 pedals and Selle Italia Flite saddle.

Contacted the other persons insurance yesterday - they said that I should email a scan of the quote to them and they will issue a cheque for that amount. The personal injury claim will come later.

They sounded pretty good so no reason to doubt this will happen at the moment.

Neck, shoulders and right arm still painful, going to go back to the doctors later this week.

Rob, it's your neck you gotta be carful of (I don't need to tell you that though, do I? 😉 ) 'cos you don't want it back to square one. 🙁

Giev me a bell if you need any help 🙂

Thanks - going to docs tomorrow as very painful today.

Got bike and quote back from bike shop - £800!!!!!!

Quote sent off to insurance company - check!
Taking prescribed Codeine tablets - check!
Feeling a little loopy now? CHECK!

See? It's not all bad.

Spaced out for the weekend, top notch.

At least things seem to be working out well on the financial front.

As long as I get the money it is...

I must say that Sowerby Bros Cycles in Mirfield have been excellent. Bought a bike from them a couple of years back and they have always been great to deal with. They give me a little discount on stuff in the shop now (never asked for), don't mind me chatting for a bit too. The advice I've heard them give all the customers is spot on, from families to near pro cyclists. Did me a professional quote for nothing so I will be spending a lot of money with them when the cheque comes in - not just buying it all off the net!

Still not been paid out for damage to bike yet. Still pursuing direct with his insurance. This is the best option at the moment. I have spoken to 3 fiends of mine, one in legal practice, one ex traffic police and one insurance investigator! There's no point in me setting my own solicitor onto them until the insurers got back the report from their own investigation (assess car, interview with driver) as until they've assessed their side of the story no approach is going to be faster than another.
FWIW they've been quite good IMHO and seemed to be reasonable. They have said they'll send me a cheque for the bike as soon as the report arrives if it turns out their driver is at fault. I know how the report is written after speaking to my insurance investigator friend. He also said they are crazy busy at the moment and the timeframe I've been waiting is typical at the moment for my sort of case, so I don't think they are dragging their heels.
I did contact Audi UK though as I wasn't hearing anything about the case for a while and the insurance company were saying they couldn't get in contact with the driver (works for Audi). I thought they might be able to look into it. The conversation I had with the nice lady at Audi after she had spoken to the manager of the person who hit me was VERY amusing and I think I might have ruffled a few feathers!!
Hoping it will be resolved soon. Costs for them are racking up quite a bit with public transport/medical/fuel bills mounting up as my bike is out of action.

It does take a while if you are an uninsured road user like I was when I was hit last year.
Bike cheque took about five months. The balance about eight.
That was for a hit and run, but where the driver later came forward.
Sadly the guilty can confess, but the legal side just want's to go on forever.

FWIW anyone faced with a similar situation can join CTC after an accident and make use of their services (don't quote me on this) if you join soon after the incident

Thread resurrection for update:
Just got off the phone from the other insurance company and they have agreed to pay for the damages (well I think that's what they said). I've just sent off details of all the financial stuff and scans of all the receipts I've collected plus the diary of the pain/recovery that I had to go through.

Patient phoning every week has paid off hopefully, no need to get the legal profession involved........ yet 😉

Well it seems like it's finally resolved. An offer of £2500 has been made to me which I think is very fair, so I've accepted. I can now buy some new parts for the bike and get out on it!

Just goes to show that you don't need to involve solicitors for minor things like this - I kept patient and tried to see their point of view about why things were taking the length of time that they did. I kept a diary of my injuries and all the receipts I collected, as well as all the phone calls and professional advice. Rang up every weekly too - I did become more firm in my conversations recently but not abusive or shouty.

And the advice I listened to was professionals involved in the business who I know personally - an insurance investigator and a solicitor.

Just hope another bloomin' Audi driver doesn't have it in for me again (for a third time!!)

Yay! - LBS is that way ------------------>

Good stuff!

I thought they made "them" drive audi's as it makes them easy to spot!

Anyways nice work there fella, go get spending:-)

Good news 🙂

(Wot, no Bikeability lessons? 😉 )

Wonder who will be the first to only read the thread title and jump to the end with some great advice for you...