got wiped out, 2 questions

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T00THBRU5H
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got wiped out, 2 questions

Postby T00THBRU5H » Sun Nov 18, 2012 17:23 pm

Got smashed into on a roundabout, not injured, telephoned police and they said seeing as I have all the drivers details and a witness, there is no need for them to attend.

As it stands my bike is well and trully buggered, front wheel snapped in half, rear wheel very out of true, and given the damage to the wheel I need to closely inspect the frame and fork. Driver admits he is at fault, and witness says the same.

Should I take it to a bike shop, have them evaluate the damage, and then forward this to the drivers insurer?

Also, do I need to call my local police now that I am at home to get a crime/ref number for this accident?

Cheers!

edit: I did read the forum guide, but I'm still confused about whether I need a police ref? I've never been in this kind of incident before, despite riding in London for 10 years :|

owenlars
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Re: got wiped out, 2 questions

Postby owenlars » Sun Nov 18, 2012 17:47 pm

Something similar happened to me in May 2011, took until November to sort it out.

1. Write down everything that happened with photos if possible and names and addresses of witnesses. Also value of damage if you can. If you are insured send to your insurers and let them deal with it. You will need something to prove value from a bike shop.
2. If not insured send to driver's insurance company with request for details of how to file a claim
3. After this, research no win no fee lawyer, looking for one who will include their fee as an extra to your damages claim so that it does not come out of your payout. You will likely need some muscle behind your claim as many insurance companies ignore you in the hope that you go away. You can find lawyers through CTC or LCC.
4. If the driver's insurers pay ball with you pursue the claim, if they do not instruct suitable water as above and send them details.

I hope the driver plays ball but you must not be surprised if you are ignored. However don't give up make sure you get your loss back.

Long Time Lurker
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Re: got wiped out, 2 questions

Postby Long Time Lurker » Sun Nov 18, 2012 17:58 pm

Don't let the insurers or person who knocked you off get away with anything.
I got doored last week. The husband has already contacted me claiming I didn't have lights/riding without care and attention and that he would counter-claim for damage to the door of his wife's car.
Went white as a sheet when I told him that from now on he had to contact me via my wife's work. (She's a partner in a law firm.) :twisted:
2007 Felt Q720 (the ratbike)
2012 Cube Ltd SL (the hardtail XC 26er)
2014 Lapierre Zesty TR 329 (the full-sus 29er)

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T00THBRU5H
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Re: got wiped out, 2 questions

Postby T00THBRU5H » Sun Nov 18, 2012 18:02 pm

thanks for the replies. This is such a pain in the ars* as cycling is my number 1 way of keeping fit, and the SMIDSY excuse is such ****.

Should I contact my 2 witnesses and ask for them to write a short account?

owenlars
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Re: got wiped out, 2 questions

Postby owenlars » Sun Nov 18, 2012 18:07 pm

T00THBRU5H wrote:Should I contact my 2 witnesses and ask for them to write a short account?


Absolutely, the Police did this for me but as they did not attend your's you have to sort it yourself.

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cooldad
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Re: got wiped out, 2 questions

Postby cooldad » Sun Nov 18, 2012 18:20 pm

Yeah, get them quick before memory fades. My son got taken out by an idiot turning in front of him, and got four really useful witnesses, including the bus driver behind him who also commented on how he'd had to do a bit of emergency braking to avoid hitting her as well (can you imagine her excuse - sorry officer I didn't see the bike, I was too busy watching the bloody great bus behind him), a nurse, a teacher at the front of the (school) bus, and of all things, a retired judge.
All sent off to her insurers with a quote, and a covering letter which just happened to mention that there didn't 'appear' to be any 'significant' injuries.
They were very quick to settle after I got a rather panicky call from the claims manager.
Good thing I'm honest - I was tempted to get enough for a trip to the Bahamas as well.
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nigglenoo
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Re: got wiped out, 2 questions

Postby nigglenoo » Mon Nov 19, 2012 13:43 pm

Even if you think you are fine its worth going to a minor injuries unit just to be checked over, sometimes injuries take a few days to appear, and you can have any bruising, scratches etc. recorded for future reference. Personally I think the police response was poor: driving a car in to a cyclist usually involves impact to the cyclist's body and they should not just take the word of the cyclist as to their condition, as they may be in shock (not saying you were).

Ask a bike shop for a quote for repair, bike shops often do not want to take responsibility for the condition of the frame or fork if it is alloy or carbon fibre (as they appear to be), and repair costs with a new frame will be greater than the value of the bike*. In that case the driver's insurer will then offer you a new bike, so insist on an identical replacement or money to the amount you would have to pay to replace it with an equivalent that is to your satisfaction: I have heard of insurance companies trying to offer replacement bikes which are in their opinion 'equivalent' (though cheaper of course), but not necessarily so in the claimant's opinion.

*Also your left hand crank looks knackered in the photo, and there may be other things that are less obvious.

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T00THBRU5H
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Re: got wiped out, 2 questions

Postby T00THBRU5H » Mon Nov 19, 2012 16:23 pm

Very good points, thank you.

I have dropped my bike off at Evans for them to write an evaluation, apparently frame and fork are fine. I will make sure they check that crank.

I will photograph my bruises, and have taken photographs of the accident area, with different view points and will draw up clear pictures and positions which I will include in my claim to the insurance company.

My 2 witnesses are writing up statements (2 randoms who stopped and offered to be my witness, there are some genuinely good drivers out there!!).

A 'covering letter' was mentioned by 'cooldad'. What should this include? I'm in the military and was wondering if it would be of any use getting my Commanding Officer to write it?

I've spoken to the insurance company, and it sounds like the driver may not have been insured, as the car that hit me, was not the car they have on their files.

Good news is I've had to buy a Cannondale Caad 10 to replace my wounded Langster, and I will be taking out cycle specific insurance, this has changed my attitude completely.

alfablue
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Re: got wiped out, 2 questions

Postby alfablue » Mon Nov 19, 2012 16:48 pm

If the driver is uninsured you can claim from the Motor Insurers Bureau (I got £4000 from them).

Think about joining British Cycling (their "Ride" membership is £24 pa, or half price to London Cyclists with the code TForL12 , or the CTC. The third party public liability insurance is worth having as well as everything else.

You can also use the same lawyers as CTC members get regardless of being a member, Russell Jones & Walker. They have a good rep as far as I know, and of course, specialise in bike / personal injury claims.

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nigglenoo
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Re: got wiped out, 2 questions

Postby nigglenoo » Mon Nov 19, 2012 17:15 pm

If the driver was not insured, please let the police know, they may do someting about that, particularly if he 'has form' and you may help protect the rest of us from someone who has shown a lack of regard for others in terms of not being insured, even if the actual collision was a one off and just due to a silly mistake on their part.

Also let the police know about your injuries, and I still recommend you go to a minor injuries unit, they will not only check you over but will record it all officially and give you a nice little report with body map and signed by a medical professional to back up any claim.

Although I am not a big fan of the compensation culture, I think it can only help us if we seek to increase insurance companies' costs in relation to collisions with cyclists.


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