Hit by a car this morning - advice?

[Crankarm]

That's OK I didn't think you were being preachy at all. Every time I have a near miss I wonder what I could do differently, even when it's not my fault - but this time there was nothing, it was just one of those things. I'm more bothered about getting my bike checked out now so I can get back on it ASAP.

btw To pursue it through CTC they want five year membership upfront, which I don't have at this very moment. They said the same solicitors would pursue it privately (no win no fee) and they would get in touch in the near future. Not sure whether there is a difference?

I wasn't that impressed with the CTC's RJW. I went with CycleAid who advertise in the back of Cycling Weekly or on the main page of the CW website. Simon Holt and Co are the solictors. They took me on a no win no fee agreement. On the whole they were ok although they had their moments over the 4 years.

I too was knocked down in similar circumstances to you with similar injuries. My left side and hip were pretty badly mashed up though and I spent a couple of nights in hosiptal. I had quite a few injections of pain killers administered by a matronly nurse whielding a huge syringe the size of a cricket bat into my side the first night IIRC. The nurse said I was not with it. My bike was quite badly damaged though although this was readily sorted. The other side's insurer didn't argue too much as well their insured didn't have a leg to stand on. I got just over £20k in the end using CycleAid Simon Holt & Co. It took about 4 years though. Liability wasn't an issue as just like you the driver drove staight into me. He was convicted of driving without due care and attention which helped my civil action against him no end. That was quite quick. The time rolls on if injuries have an uncertain prognosis.

You might also be suffering some PTSD. Given the shock and fear it has clearly caused you this is only reasonable. If you sign up with a solicitor ie CycleAid they have specialists nationally that you can visit for assessment. Plus as others have said get down to your GP asap to get everything recorded. Take lots of pics frequently particularly when any bruising becomes really intense as trapped blood in soft tissue breaks down makes for dramatic pics. The other's insured wanted to see the ones I took as well as the medical reports from the specialists I visited.

Don't get back on your bike too soon if your are not healed or are still too scared. This will all add to the civil action you will bring against the other driver. You can claim for any reasonable costs such as transport in the meantime as you haven't been able to cycle either through injury or your bike has not been repaired. Hopefully the plods will prosecute her and she is convicted which will mean liabilty will not be in dispute.

Any witlesses on your side?

They make things a lot easier if they can say she drove straight into you.

You only get one chance so make sure you claim for eveything you can. The solicitors should tell you what you can claim for. You might also need physio which can be expensive if you want a decent chance of a full recovery. The NHS sessions proved inadequate for me so in the end went private which the other side paid for. This is where a good solicitor experienced in PI and preferably cycling cases is essential.

Any probs - come back on here. Some one whose been through a PI claim will be able to help.

Good luck and heal well.

 

[BentMikey]

Another solicitor that I see recommended a lot is Bikeline - Alyson France.

 

[Alien8]

When I was taken out by a SMIDSY last year I used Alyson France Solicitors (http://www.bikeline.co.uk/) who advertise as Bikeline in the mags. I found them very efficient - although mine was an open-and-shut case. I also contacted RJW (I wasn't a member of CTC) at the time and didn't find them amenable at all.

Good luck etc.

 

[ACW]

I do partially come from the other side as a risk and insurance manager, and we have a fleet of about 250 odd vehicles plus loads of hire cars at any one time.

I would say do what makes you feel happy. Don't necessarily get in touch with solicitors straight away. Any solicitors worth their while will sometimes delay actions against the third party. When we have somebody looking to claim against us as an individual, we have off the record conversations stating they should see solicitors if it is a serious injury. They should also wait for full evaluation of the injury to come out. Luckily for you it doesnt seem any permanent damage but that could be adrenaline changing it. (most of the claims against us were made worse by NHS treatment)

Really! so next time you break your leg just leave it as it is after all the nhs will probably only make it worse, or do you mean the evidence gathered by the nhs made the claim payout worse. don’t take this advice get a solicitor ASAP if you get knocked down any delay may be considered as it wasn’t that bad.

Andy

 

[HobbesChoice]

Hello Tubbs - I hope today hasn't brought too much extra discomfort from your injuries . How are you feeling?

I have no advice to offer regarding making a claim as I'm still in the lucky minority but what I would say is that if you feel wobbly on your bike when you get back on or find that you're putting off getting in the saddle and commuting again then try some free cycle training to increase your confidence again. http://www.cycletraining.co.uk/

After commuting home for a few months I decided that all my maneouvres were based around what I consider to be correct but I personally decided to either get confirmation of that or be put straight on any pointers. Since the training my confidence is so much better and my enjoyment of cycling has drastically increased to the stage where I've gone from being a 10 mile a day cyclist on safe paths to a 36 mile a day cyclist in any weather and on London roads.

I don't think for a second the accident was your fault (it obviously wasn't your fault at all) or that you "need" training because from what I've read you sound very competent, so please don't think I'm telling you that you need training. I'm just saying that after I did some training my confidence shot up and my enjoyment of cycling shot up with it and hopefully, if you find the accident has put a little cloud over your cycling experience then maybe some training will help your confidence levels too?

Anyway, I really do hope you're feeling ok today and that your injuries aren't giving you too much trouble.

 

[I am Spartacus]

By the way .. how was yours dealt with by BC....?
I too have the silver membership... just hope never to have to call upon the no fault benefit....(( or even 'at fault'))

 

[Landslide]

I'd only add to keep the ibuprofen beside the bed for the next couple of nights. You'll stiffen up overnight and will be in agony in the morning - take a couple of pills and wait until they get going before getting up.

And you are quite entitled to take a couple of days of work. A) you'll physically need them, you've been through a really nasty accident and will be emotionally wobbly for a day or two, C) daytime TV - what more needs to be said?

Glad you're ok.

Ouch!!! Can you claim extra damages for the resultant stress and trauma?

 

[classic33]

Might seem too much...but folk change their minds.....

Both taken after the event....in different weather conditions..... "driver didn't look"............DO NOT WORRY - ASK ON HERE............

The "Why does that matter?" relates to her saying some "words were not very ladylike..."

As for anything else said, its what I did in a similar incident. Shoved sideways by a car coming out of a junction taking me with it on the bonnet.

Photos taken after the incident will seldom be in the same conditions, which is why writing down what the conditions, weather & traffic, were like at the time is important.

 

[Grendel]

I had a period where I had three near misses and a collision in the space of a few weeks. In one case white van man missed me by an inch or two, in another a young woman driving a Chelsea tractor cut right across me while waving to her pals in the street. In that case I managed to avoid her, and turned and went back and gave her a piece of my mind. Seeing that she was local and her friends were nearby I ended up being threatened, then when I left I was followed in a car by her father, who wanted to "have a word". He was looking for an excuse to hit me, but needed to be seen not to hit first, and I didn't give him the chance. After talking to him and explaining how his daughter had narrowly avoided having me under her wheels he was fairly sympathetic, saying "well, you know what woman drivers are like....".
Immediately following that I invested in a new HI-VIS jacket, and was wearing it when I was hit by a car at a junction, who had cut over the lines as he turned. I was approaching the give way lines at the time, and he hit me at low speed, stopping immediately, and I ended up on the bonnet of his car. I was slightly angry and banged on the bonnet of his car, and called into question both his parentage and his ability to see. He was unhappy at this as I may have damaged his car.
His wife was in the car and managed to convince him that he was actually in the wrong (and looking back, having recognised the guy, he had possibly been drinking). There were no injuries sustained, and no damage to the bike, so I let it go, but with hindsight, in future I'll just go straight onto the phone.

 

[jonny jeez]

Hello Tubbs - I hope today hasn't brought too much extra discomfort from your injuries . How are you feeling?

I have no advice to offer regarding making a claim as I'm still in the lucky minority but what I would say is that if you feel wobbly on your bike when you get back on or find that you're putting off getting in the saddle and commuting again then try some free cycle training to increase your confidence again. http://www.cycletraining.co.uk/

After commuting home for a few months I decided that all my maneouvres were based around what I consider to be correct but I personally decided to either get confirmation of that or be put straight on any pointers. Since the training my confidence is so much better and my enjoyment of cycling has drastically increased to the stage where I've gone from being a 10 mile a day cyclist on safe paths to a 36 mile a day cyclist in any weather and on London roads.

I don't think for a second the accident was your fault (it obviously wasn't your fault at all) or that you "need" training because from what I've read you sound very competent, so please don't think I'm telling you that you need training. I'm just saying that after I did some training my confidence shot up and my enjoyment of cycling shot up with it and hopefully, if you find the accident has put a little cloud over your cycling experience then maybe some training will help your confidence levels too?

Anyway, I really do hope you're feeling ok today and that your injuries aren't giving you too much trouble.

Well said.

And a good point, its worth doing "whatever it takes" to help get your confidence back , if you need to.

I would also add that, despite one or two mentions, I dont find "off's" to be a regular occurance at all, so dont be too put off in thinking that this will happen again.....some of us escape unscathed!

 

[Tubbs]

Ouch!!! Can you claim extra damages for the resultant stress and trauma?

I was wondering if I could claim extra damages for the probable resultant weight gain - I'm still eating like I'm commuting 15 miles a day - well more actually!

I've been to see my GP this morning, primarily to get some stronger pain killers for my back - which is a lot worse today, but also to get my injuries recorded. Woke up with a few new bruises and aches but hopefully nothing that won't clear up in a week or so.

Regarding the cycling training, I will definitely think about it if my confidence is too low. When I first started commuting though I had no confidence at all and I went a slightly different route to work (which misses out the section I was hit plus a big roundabout and a spot where I have to change lanes on a dual carriageway). I did this for a few weeks until my confidence built up so I can always do that again - plus I have a friend who is a more experienced cyclist so I can get him to come out with me a couple of times first.

I actually think I'll be fine though - it seems like less of a big deal today, especially after reading others' stories of similar incidents. Just a car knocking me off my bike - I'm not seriously injured, my bike should be fine after a few tweaks at the shop and I now know what it feels like to come off my bike... surely it will only make me stronger.

 

[jonny jeez]

I actually think I'll be fine though - it seems like less of a big deal today, especially after reading others' stories of similar incidents. Just a car knocking me off my bike - I'm not seriously injured, my bike should be fine after a few tweaks at the shop and I now know what it feels like to come off my bike... surely it will only make me stronger.

Good attitude...I can tell your gonna be just fine


You mentioned that you avoided the section of road originally......I have increased my route by quite a chunk to avoid a really built up section of road (along earls courts) it wasnt too bad but i just felt that exposeing myself to that each day (that sound's so wrong!) was just increasing my chances of an incident.

I guess I prefer to practice "agro-avoidance" whenever practical...

 

[fossyant]

By the way .. how was yours dealt with by BC....?
I too have the silver membership... just hope never to have to call upon the no fault benefit....(( or even 'at fault'))

The way it works, you phone BC's helpline, they take details, log it, and pass to Leigh Day. Leigh Day then call you back and you get a 'pack' to fill in - medical requests etc etc.

The area where things let the process down are...guess........ the NHS, from delays getting appointments to being really slow to respond to requests for reports. The solicitors have been fine, but they have had to chase the GP and Hospital for data - hence why things can take an awful long time.

They have recovered bike damage costs and about £1k of physio on interim payments for me, although the 3rd party's insurers are holding onto another £1k of physio costs...frightening amount of money, but it was the best way of getting fixed - NHS physio...no chance...even the doctor said "go private if you want it fixing".

 

[BentMikey]

Regarding the cycling training, I will definitely think about it if my confidence is too low.

Do it even if your confidence is high. I'm sure you'll learn a lot from it, I certainly did. Highly recommended.

 

[dellzeqq]

Sorry to appear negative...But she wont.

I make you right.....