Call or write - What would you do?

[Mile195]

So, further to my thread last week regarding my first "off" in 8 years of road cycling, I'm now wondering what approach to take with the driver.

All I really want is the damage to my bike mostly undone (I can live with a few cosmetic scrapes on shifters and pedals etc, but want the damaged components fixed), and the fact that I've had to use London's overpriced rail network for the week instead reimbursed. I'm not really interested in going down the personal injury route - I don't like the compensation culture that we live in, and have moral issues with jumping on the bandwagon, regardless of the fact that I did actually get injured - odd, I know!

The figure I'm after will almost certainly be well under his insurance excess.

Question is, do I phone or write? My inclination is to call and get it sorted, but there's no proof of anything that gets agreed unless I record it, which you have to tell the caller in order for it to be valid. This'll put the guy on his guard, as if I'm trying to build some kind of case against him which isn't the case - I just want my bike fixed.
On the other hand, if I write I have to provide my address which I'm wary of, if things were to get nasty for some reason.

What would you do?.. opinions, expecially if you've been in this situation yourself, would be greatly appreciated!

 

[StuartG]

Well if the guy is sensible - the guy will not admit anything - or give compensation in a traceable way. That invalidates his insurance agreement and leaves him exposed.

You need to work within that straitjacket. I would suggest its best to think well of the guy. He made a mistake, damage was done and he feels a bit guilty about it. If he doesn't feel that then there is nowt to do to change it. It probably best not to waste time but move on.

If he does - and how he reacted at the time is the clue you have to work with I would suggest you have a non threatening chat to him (rules out writing) and sense whether he is genuinely sorry and then if he is willing to go shares in putting it right (sob, sob story). Create an opportunity for him to offer cash without accepting blame. Oh and if you meet try and dress as he does. You want to be seen as someone like him and not a pesky money grabbing biker.

 

[I like Skol]

I look at this the other way after an expensive experience as a younger driver. I was messed around for weeks and weeks, lost my car and ended up with a derisory amount of cash to cover the whole debacle. A taxi driver pulled out between queuing traffic and totalled my car. He accepted full responsibility and offered to settle without involving the insurance. First my car went to his mates garage who repaired all the fleet at the firm he worked for, then when it was clear it was a write-off he offered cash, a bit here and a bit there until eventually he just dropped off the radar and I had nothing. Car had been scrapped and I had about £200 for a car that cost £750 just a few months earlier.

Cover your back and involve a solicitor or insurance company. You don't have to claim for injuries if you feel that you don't want to, that decision is yours to make. If you try and be nice and help this guy out you expose yourself to losing out. It is not being vindictive, you just have to have some guarantee that your damages will be recovered.

 

[gambatte]

I look at this the other way after an expensive experience as a younger driver. I was messed around for weeks and weeks,... If you try and be nice and help this guy out you expose yourself to losing out. It is not being vindictive, you just have to have some guarantee that your damages will be recovered.

I’d agree. Had a car incident a few years ago. My car went to her garage “I sort out all her bumps”.... Yeah and the job wasn’t great, but I’m not the customer/paying the bill.
Really made me wonder how many poor drivers are out there, avoiding higher premiums by not reporting incidents. Probably exacerbated by high excess thresholds.

 

[festival]

You have to appear business like whatever you do.
Give him the chance to pay up promptly by all means but if he starts mucking about put it it the hands of the professionals.
I'm not trying to be clever, but its stories like this that show more cyclists should join the CTC or BC and benefit from the legal aid in cases like this.
Even if you deal with it yourself you can use the fact you have the organisation backing you against the driver if he try's it on.
Good luck.

 

[boydj]

I'd call him up and ask for his insurance details, explaining that you have various costs that have to be covered and you want to make a claim. Have a rough figure ready to quote (though it would be better if you had a quote from a bike shop for the repair costs). If he says that he wants to pay cash rather than go through the insurance route, then give him a tight deadline and make sure he comes up with the goods and knows that you will go to a lawyer if he does not do so.

Personally, I have no sympathy for somebody whose bad driving has caused an incident like this and would prefer to deal with lawyers / insurance companies. I've only been in this situation once and claimed directly from the guy's insurance company - but he was driving a company car, so there was no problem getting the details - or the payout.

 

[SpokeyDokey]

Just ask for his insurance details - do not discuss money with him you are not claiming against him but his insurer.

Write direct to the insurer giving full details of the claim + your estimated repair costs (including the cosmetic stuff) and out of pocket expenses etc.

If you are not satisfied with the their response then hire a solicitor and let him/her deal with it whilst you crack on with your life.

 

[Mile195]

Thanks for all your comments. Have decided to write. A friend of a friend is a solicitor. She looked at my letter and said it's fine to send as it's not threatening, and very very reasonable (what I'm asking for vs what I would actually be entitled to claim for).

The amount I'm asking for is likely to be well under his insurance excess, so if he's happy with what I'm suggesting it just means it gets cleared up nice and quick, he has no insurance claim against him and I get my bike fixed promptly.

Obviously if I get no response then I'll have to go down the traditional route and get a solicitor involved, but I'd much rather sort it out in an amicable manner - his maneuveur was clearly caused by a brief lapse in concentration, rather than a generally dubious standard of driving. He stopped, and seemed genuinely concerned, so I think he deserves to be given a chance to sort it out without lawyers first.

 

[SpokeyDokey]

Thanks for all your comments. Have decided to write. A friend of a friend is a solicitor. She looked at my letter and said it's fine to send as it's not threatening, and very very reasonable (what I'm asking for vs what I would actually be entitled to claim for).

The amount I'm asking for is likely to be well under his insurance excess, so if he's happy with what I'm suggesting it just means it gets cleared up nice and quick, he has no insurance claim against him and I get my bike fixed promptly.

Obviously if I get no response then I'll have to go down the traditional route and get a solicitor involved, but I'd much rather sort it out in an amicable manner - his maneuveur was clearly caused by a brief lapse in concentration, rather than a generally dubious standard of driving. He stopped, and seemed genuinely concerned, so I think he deserves to be given a chance to sort it out without lawyers first.

I'm not sure you ought to make those assumptions.

If you are going to write to him I'd ask him first does he wish to settle via his insurance or not as a first base. Then send him the figures for all your repair costs and out of pocket expenses.

You may well regret going in too low if he starts to mess you about which is entirely possible.

Whilst I do not advocate outright aggression etc it is possible to be too timid and too nice in these situations and this can backfire on you.

Ask yourself this - how much effort is he making to get this matter resolved? Has he phoned or written to you asking for the costs involved?

I

 

[Mile195]

I'm not sure you ought to make those assumptions.

If you are going to write to him I'd ask him first does he wish to settle via his insurance or not as a first base. Then send him the figures for all your repair costs and out of pocket expenses.

You may well regret going in too low if he starts to mess you about which is entirely possible.

Whilst I do not advocate outright aggression etc it is possible to be too timid and too nice in these situations and this can backfire on you.

Ask yourself this - how much effort is he making to get this matter resolved? Has he phoned or written to you asking for the costs involved?

I

None, but then I never gave him any of my details. Letter's in the post now, but I've basically worded it to say: this is what's broken. this is what works, but is cosmetically damaged, and this is how much it's cost me on the train to get to work, and this is what my injuries are; but if you sort out the broken bits and my train travel then I CAN live with the other bits (but not because I have to basically).

I haven't said I would settle for having only those bits reimbursed, full stop. Obviously if it has to go down a more litigious route and I have to start paying a solicitor then obviously I'll claim for what I should be entitled. But at this stage I'd accept lower amount for the bits that must be replaced in order for the bike to be usable, to bring it to a quick and easy conclusion.

 

[ayceejay]

I think there is fair chance that your letter will be ignored or get a "Who" or a "What" reply.
A couple of years ago a young guy in a pick up that was fast approaching fell asleep at the wheel, he woke up just in time to swerve and catch my wing mirror: he didn't stop. I did U'ey and at a certain point he stopped, was all apologetic and offered to pay for the damage without bothering with insurance.
"Where is your bank" says I.
"Uh, just down the road" says he.
"Ok, I will follow you there and you can withdraw the money."
He reluctantly agreed and off we went.
Having been in that situation before and been stiffed this works for me.

 

[Pale Rider]

No harm in writing as you have done, you are the injured party and it is up to you how you deal with it.

I would suggest you avoid getting into negotiations outside the legal process.

In other words, give him one chance to pay you all the money swiftly - within days.

Any hint of reluctance to do this and you claim immediately from his insurers.

 

[I like Skol]

In other words, give him one chance to pay you all the money swiftly - within days.

Any hint of reluctance to do this and you claim immediately from his insurers.

I think that after 10 days since the INCIDENT and still no closer to an amicable resolution then the guilty driver is clearly trying to string things out in the hope you will go away.

I suggest the OP makes a legal move now or I sense he is going to watch his claim slip away from him. DO IT NOW! All the dithering here smacks of a road user trying to wriggle off the hook.

 

[Gravity Aided]

Perhaps simply a letter from a solicitor will move things along. Sometimes a person just needs a little nudge to do the right thing. Although the threat of legal action is more than just a nudge, it may be necessary at this point. Realize, though, that a holiday at the courthouse can get pretty expensive. There's the day off work, as well. But it sounds like you're likely to have a favorable outcome, and all the expenses may be put off onto the defendant. I'm just speaking from the American System of jurisprudence, but better a nudge than a judge, IMHO.