Accident Advice Please

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PaulSB

Legendary Member
I've been riding for nearly 20 years now and last night had my first accident so I count myself fortunate. Plus I only have a heavily bruised right hand so under the circumstances I'm doubly fortunate. I could do with hearing of other people's experience in this area as it looks like the bike is a write-off.

I was on the main road going down a short steep hill which has a mini roundabout at the bottom and then an immediate climb. The roundabout has three exits only, the two for the main road and one on my left for the pub car park. You can see it all now!!!! At full tilt this is a 30mph downhill. I was probably doing 15mph as I entered the roundabout.

I had two cars in front of me and I saw a car approaching the roundabout from car park exit - my left. He stopped then started to move again before stopping quickly. Sensing danger I braked as I expected the cars ahead of me to stop or brake quickly. The two cars went through the roundabout, I stopped braking about 10 metres from the roundabout, as I entered the roundabout the car on my left turned right on the RA. I had a choice of a head on or turning hard right and broadsiding him. I was half successful and hit the leading driver's door pillar at about 45 degrees, smashed his wing mirror off, dented the driver's door and landed on the bonnet before slithering gracefully to the ground. The accident was seen by perhaps 20-30 people drinking outside the pub. His vehicle was fully on the RA when I hit it.

It was 7.45pm, dry, clear and brightish. The driver says he didn't see me. I think the broadside was a good decision! I think head on would have meant an over the top job. Spent 4 hours in casualty which isn't great on Friday night.

Got the bike back this morning and took it to my LBS. It's a Monoc frame with carbon forks, seat post. The LBS say the forks must be replaced, the front and rear mech is totalled, brake levers messed up but perhaps OK (LBS advise replacement), front wheel looks to be damaged, left handle-bar drop looks bent. The crank is making an awful noise! The frame is slightly out. My LBS first reaction is it may be an economic write-off. Ian and Mark will strip it right down before deciding. I think Monoc have gone out of business and this could increase the chances of a write-off.

The big question is this. I shall be claiming from this guy, don't yet if it will be his insurance or his own pocket. Any advice out there on how best to present my case etc. .
 

gavintc

Guru
1. Get it recorded at the police station.
2. If you are not a member of CTC - join now.
3. Use the CTC insurance service to initiate the claim against him.
4. If you got the names of any of the witnesses at the pub - give these to the police.
5. Be prepared for him completely altering the facts to make you the guilty party.
 

Blue

Legendary Member
Check your home contents insurance.

If the bike is insured under the home policy it may be a good idea to claim and let the insurers chase the motorist for recovery of their outlay.

You policy may have legal expenses cover or a legal advice help-line which could be useful to you.

You may find that you develop more pain over a 48hr post accident period. If you do you should consult your GP and consider claiming for that as well as the bike. A solicitor may be useful at that stage - if you get to such a stage.

Should the motorist have a try at claiming against you your home insurance should be useful for defence as you should have Personal Liability cover thereunder.

I hope it all turns out ok for you.
 

philr

New Member
1st as previously stated. get it reported to local police, this will make an impact on a possible claim if you dont.
2nd witnesses will make a real difference especially when as already stated the other driver tries to make you look like the guilty party.
3 check to see if you have legal cover on house ins as this will take the pain out of the claim
 

LLB

Guest
Don't go down the route of letting him cough from his own pocket. You don't know whether you have suffered any long lasting injury. I was shunted in my car by a driver years ago when I pulled up at a red light and they didn't. There wasn't a mark on my car so I let it slide, but I got a whiplash injury which I didn't realise till a day later which cost me about £400 in physio and 3 years to right itself.

Find a solicitor who specialises in accident law who are prepared to take it on from a no win, no fee basis (which they should) - THIS BIT IS REALLY IMPORTANT

The injury part of a claim is worth a lot more than the bike, so if you have picked up any injury or loss of earnings, you need to get this bit recorded - get a diary of any related pain or treatment, or time off work related to treatment starting today, and use it. This will help your solicitor put the claim together.
 

Night Train

Maker of Things
Agreed with the full legal route and reporting to the police and insurance.

My last accident where a driver rammed the side of my car resulted in a sprained thumb and whiplash. Both of those paid out more and took longer to resolve then the damage to my car.

The police should have been there at the time due to an injured party (you) and so could have breath tested the driver.
 

glen

Active Member
PaulSB
Contact this no win no fee Solicitor
Russell Jones & Walker
Swinton House, 324 Gray's Inn Road, London, WC1X 8DH.
Tel: 0207 447 8342

E.F.Brenyah@rjw.co.uk

They helped me with my accident claim.
They are highly recommended.
Glen.
 

MessenJah

Rider
 
OP
OP
PaulSB

PaulSB

Legendary Member
Many thanks for all the comments, I get the general drift. The police came to see me Saturday and said they didn't attend despite being called by the ambulance crew beacuse the town was so "busy" - judging by A&E on Friday night I know what the lady meant!

I was bloody stiff Sunday, ached everywhere but things are better today. My LBS have promised an assessment tomorrow so we shall see how things go from there.

Thanks again to all
 
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