Am I being unreasonable?

[beetlejuice]

Afternoon everyone,

i'm after people's opinion please:

On Tuesday this week, I was cycling to work on my normal route when I approach a roundabout at approx 15mph to go straight over and take the 2nd of 4 exits. I look to the right to check for vehicles as I approach and the cars at the junction to my right where held by traffic already on the roundabout so without adjusting my speed much, I enter the roundabout whist still being aware of the traffic on the roundabout in case they do a 180 degree turn and come back round (the roundabout isn't very big and all 4 junctions entering the island can be clearly seen from any point).
I'm now on the roundabout when immediately my attention is on the car that has pulled out from the junction on my left which should be giving way to me. I manage to swerve around the front of the car without hitting it but in doing so, the manoeuvre threw me off and on to the road. The car itself is fully on the roundabout by the time it stopped. The car pulled up and lady got out and straightaway apologised.
My knee/shin & elbow were grazed/cut slightly and my bike suffered some damage - bent hanger, slight buckle on rear wheel (not from any contact with the car but must have hit the road as I went down), bar tape and possibly damaged derailleur which the lady has offered to cover the cost for. Everything fine so far so what's the problem you're wondering . . . .
My helmet also took a knock/scrapping which I noticed when i eventually got to work. I contacted the lady and although she's happy to cover the cost of the repairs feels i'm being unreasonable asking her to cover the cost of a replacement like for like helmet (£60-70).
It's now got to the stage that we're having to go through our insurances to sort this out because of this sticking point. She did offer £20 towards the helmet as she's been told helmets can be bought for this (which I didn't disagree) but I just want the same helmet again.

Unreasonable or not??

 

[Markymark]

It would be like trashing her car and saying you will offer her £500 as you believe you can buy cars at auction for that price.

 

[vickster]

Not unreasonable if she accepts liability . Also get legal advice on personal injury. Member of CyclingUK, British Cycling, LCC or similar?

 

[Milkfloat]

Not unreasonable - do you have evidence though?

 

[Saluki]

I don't think that you are being unreasonable at all. Just because you can buy a cheap lid, doesn't mean that you should.

 

[Shaun]

Nope. I'd say you are quite justified in asking for a like-for-like replacement of the things that were damaged as a result of her failing to wait - helmet and clothing included. It's not like you're asking for a top-end helmet in the hundreds of pounds price range.

It'll be interesting to see what the insurers offer (and whether her premiums go up at renewal?!) - keep us posted.

 

[beetlejuice]

She has accepted liability and I have Cycliq cameras front and rear on my bike so footage is available and shows the complete incident including her speaking afterwards saying she didn't see me, and apologising.
Currently waiting for British Cycling to ring me to start the process.
Thanks for the comments, I didn't think I was unreasonable and have tried to explain that the helmet will have to be replaced because of the impact - all i'm after is for everything to be the way it was prior to her pulling out on me.

 

[alicat]

You're being completely reasonable. You have to take your victim as you find them so she has to put you back in the position you would have been in if she hadn't pulled out.

 

[mjr]

Check whether you've got the receipt for your helmet because that can be useful.

FWIW I'm opposed to them but I think it should be replaced like-for-like if you want it to be, as it sounds like it was destroyed as a consequence of her actions. It being restored to the pre-crash state seems reasonable even to me.

 

[Dommo]

It sounds to me like you were reasonable and gave her the "easy option" which she has declined. If you have video footage, I assume this has gone to the police? If not, do so? My primary objective at this point would be to have her think in six months "I wish I'd paid for that helmet"

 

[vickster]

She has accepted liability and I have Cycliq cameras front and rear on my bike so footage is available and shows the complete incident including her speaking afterwards saying she didn't see me, and apologising.
Currently waiting for British Cycling to ring me to start the process.
Thanks for the comments, I didn't think I was unreasonable and have tried to explain that the helmet will have to be replaced because of the impact - all i'm after is for everything to be the way it was prior to her pulling out on me.

Good stuff. With BC you'll likely wait awhile for the settlement so just keep the receipt when you replace the helmet. And if possible, provide the receipt from the original purchase to oil the process

Presumably it's all been reported to the police as you were injured

 

[fossyant]

Her being awkward will bump her premium up now. Yes you are entitled to a like for like helmet.

I've had at least two lids replaced like for like after a car hit me damaging the helmet.

 

[beetlejuice]

I've not actually reported it to the Police as I thought it would be just a waste of their time - is it essential I do this?
I have just come off the phone from her insurance company and they're talking about making me an offer straightaway once i send them the footage?? I gave them my account of things and said i'd still like to speak with my insurers (through BC) before saying anything else.
I've not got my original receipt as it's 2-3 yrs old now

 

[ianrauk]

Should go through her insurance in the first instance to save all the hassle with dealing direct. Dealing direct with people usually ends up with that person saying yes they will pay then when the cost is known usually back down and refuse.

 

[fossyant]

See what they offer. If you aren't injured they will settle quickly as it costs them and once a solicitor is involved you are talking big money.

There are codes of practice these days. I had funds sent to me as interim payments to cover out of pocket stuff (broken spine) as it's part of the rehabilitation code.