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Got knocked off this morning - ouch!

Discussion in 'Commuting' started by the reluctant cyclist, 20 Sep 2007.

  1. the reluctant cyclist

    the reluctant cyclist Über Member

    Location:
    Birmingham
    Waiting to turn right off the Hagley Road onto Meadow Road this morning. I could see that there were some cars coming out of Meadow Road (which is a small side road) and therefore I put myself forward quite a bit to give them some room and then I just waited for the traffic to clear enough for me to make the turn myself.

    Next thing I know I'm on the floor wrapped around my bike - it turns out that the first car turning right just didn't see me and ploughed straight into my back wheel - I imagine that he was doing some speed as he was trying to get over four lanes of traffic pretty quick.

    He spun my bike out from under me and I landed in a heap - on my bum - but was okay really.

    He was really apologetic and everything and I have his registration name and telephone number. There were also two people who gave me their names and addresses for witness purposes.

    I was surprised at the amount of people that came over to ask if I was okay.

    I told the driver that I thought I was okay and that I though my bike was okay but I was not sure.

    When I got home (as I just went back home as I felt really really shaken up) I had a better look. My leg is all bruised and scratched and I have a bit bruise on my bum - attractive!) My bike however has a buckled back wheel a scratched mudguard and the handlebar tape has been really damaged on one side. My boyfriend is worried about the carbon fibre element of the bike as he says it can weaken it from an impact and it might crack - he explained it better than that but I am useless!

    Now that I am at work though my neck is really hurting - is it possible to get whiplash when you are on a bike?! I just don't know.

    I will have to take my bike to my LBS to see if they can assess the damage I suppose and then ask for payment from the driver - I can't imagine it coming in at less than £100 or so though - I don't want to have to fit a new wheel myself and the bike is only 5 months old and I don't want to live with tatty bar tape that wasn't caused by me.

    Has anyone had any trouble with people paying up on stuff like this?

    I'm glad I am okay though - it could have been so much worse - he could have pushed me into the oncoming traffic - those of you who remember my thread called "no wonder they call me reluctant" will be able to tell me "I told you so" about this particular junction and I will admit defeat now and use the crossing I think!
     
  2. Cycling Naturalist

    Cycling Naturalist Legendary Member

    Location:
    Llangollen
    Go and see a solicitor straight away. I assume that you're in Brum. Get onto the APIL website and find a personal injury lawyer near you.
     
  3. magnatom

    magnatom Guest

    Nasty! Are in the CTC? If so you need to phone them as you can get legal assistance from them. Also I'd get to the doctor and get yourself checked out. You might have wiplash and that isn't very pleasant. If you wanted you could probably claim for injury.

    Take care and rest a while!
     
  4. starseven

    starseven Guest

    If he stopped and seemed reasonable then chances are he is insured, with witnesses you should have no problem claiming, if your claim is likely to be less than £250 or so then the driver may settle himself.

    Hope it doesnt put you off and recovery is quick!!
     
  5. Twenty Inch

    Twenty Inch New Member

    Location:
    Behind a desk
    You absolutely must see a doctor as soon as possible. Leave work and get an emergency appointment with your GP. You've had a high-speed impact resulting in a twisting fall onto the road. Please get yourself checked out. This will identify any immediate problems, and also set a baseline for any subsequent problems that develop.

    You're probably going to feel worse tomorrow as well so you should plan for the day off.

    The bf is right about the bike, too.

    And I hope you're ok and make a quick recovery.
     
  6. ChrisKH

    ChrisKH Shorts Adjustment Expert

    Location:
    Essex
    Reluctant

    Similar scenario happened to me this year. Driver changed his story when police were involved. As a minimum:-

    1. Go and see the police asap and get the incident registered.
    2. Take pictures of your injuries, see a doctor.
    3. Take pictures of the crash site. Take pictures of the bike damage.
    4. Sit down and write everything you can remember in the most detail you can.
    5. Speak to the driver and get his insurance details. Tell him you have informed the police as someone was hurt in the accident.
    6. Join the CTC (if you're not a member). As a precaution get their third party insurance claim form. Consider going through their solicitors to make a PI claim (they're not interested unless a Personal Injury is suffered).
    7. If not using solicitors, hassle his insurers for a claim form and do not let them give you any shoot about it not being a valid claim or that you need to be insured, etc.etc. If they don't send you a claim form, or you get any knockback, obtain the CTC guidance on Small Claims and tell all parties concerned you are going to pursue the guy in the small claims court (assuming it is a small claim, as defined), police included. That should get the insurers/driver moving.
    8. Don't just settle for accident damage repair (as I did) and put in a personal injury claim, no matter how small.

    No one else is going to look out for you, unfortunately.
     
  7. Regulator

    Regulator Egregious Professor of Cruel and Unusual Geography

    I can't add anything to the advice you've been given, all of which is very sensible, other than to say that you don't have to be a member of CTC for their solicitors to help you. The firm CTC uses, Russell Jones & Walker, are very good and have an excellent reputation.
     
  8. domtyler

    domtyler Über Member

    Ouch! Did no-one think to call an ambulance? Looking at google maps there is a hospital right there. Definitely report it to the police, they should really have been called to the scene if you were hurt. I think you have a legal responsibility to report it within a day or so.

    As has been said, he will soon stop being so nice once you present a bill to him so get yourself a solicitor. He has insurance so why should you just accept having your body battered and bruised and your clothes and property wrecked by someone who couldn't be bothered to drive properly and he gets off scot free?
     
  9. ChrisKH

    ChrisKH Shorts Adjustment Expert

    Location:
    Essex
    Quite true and R, J & W are a good firm. But they are only going to be interested if the claim involves PI (i.e is it worth their while). They are not going to give much in the way of legal advice for free otherwise. Of course you can pay them for their services but it does sound like on this occasion that the incident was relatively minor (although whiplash and unforeseen damage can knock any claim up to what they would deem an acceptable amount).

    Plus membership of the CTC does give you third party insurance. If the guy decided he had a case against you and thought you were in the wrong. This is very useful if you are not otherwise insured.

    If you find in a weeks time that you are (bruising and short-term pain aside) alright personally, then you have a decision to make on whether to pursue a PI claim which can drag on for ages or a claim just for damage to bike, clothing & equipment which should be processed more quickly. It's a personal thing.
     
  10. the reluctant cyclist

    the reluctant cyclist Über Member

    Location:
    Birmingham
    Thanks for all your replies.

    I expect that nobody called an ambulance because I really didn't need one - I am only bruised and I did get up straight away and confirm that I was basically okay - although I did state that I was not sure about my (beloved) bike!

    I will take my bike to the local shop as soon as possible and see what he says about the damage and then see if the driver will just pay up before I take it any further.

    As for the personal injury - if my neck feels a lot worse tomorrow I will know that I have suffered some damage - at the moment it feels like it is going to be okay. I will go to the doctors first if I feel it necessary before I think about any claim - I have three years anyway to put a claim in so no rush!
     
  11. buggi

    buggi Bird Saviour

    Location:
    Solihull
    just go to the hospital. it's less than 24 hours since your accident so they will see you in A&E. if you leave it to see your doctor he will then have to refer you. just walk in and tell them you got knocked off this morning and now you have neck pain. they will see you pretty sharpish. your adrenaline this morning will mean that you won't have felt the pain. wait til you wake up tomorrow!

    bruising can cause blood clots. don't mean to scare you but you need to get it checked. take photo's of your injuries, and get your bike checked at the shop, and then contact a solicitor or the CTC. you deserve compo for your injuries and money for damange to the bike. as it's carbon your fella might be right. it might be a write off.
     
  12. Twenty Inch

    Twenty Inch New Member

    Location:
    Behind a desk

    Please, please, please go to the doctor or the A&E department today.
     
  13. asterix

    asterix Comrade Member

    Location:
    Limoges or York
    In your shoes I would definitely go to see a doctor or a&e without delay. I also think it would be worth involving the police if you have witnesses. They will be able to take proper statements from them that will be useful to your solicitor.

    My own accident occurred over 2 years ago and the claim is still being settled. Fortunately I had good witnesses and the delay is over the size of the claim as liability is not disputed.
     
  14. Tynan

    Tynan Veteran

    Location:
    e4
    listen to your body, if you feel ok then you probably are ok, if you are hurt then of course see the doctor
     
  15. yenrod

    yenrod Guest

    As much as everyones equal in todays society or fight to have it that way: I find it disgusting that a lady can be disrespected in such a manner - that 'man' needs some attention :blush: