Hit by a car, worth contact other party insurer for minor injuries?

[rliu]

Hi all,
I was hit by a car coming onto the roundabout towards Eltham in SE London today, he came onto the roundabout as I was already on it and when the car in the next lane to him on the same exit had already acknowledged me and stopped.
Though scary at the time the incident happened at low speeds and I suffered no more than slight cuts and bruising. The bike was also OK apart from scrapes to the handlebars and pedals when it slipped out from under me as I went sliding onto his bonnet.
I got the driver's insurance details and veh reg. Just wondered if it was worth contacting his insurer as I have worked in road traffic accident insurance claims before and know insurers always try to minimise their outlay. Just wondered if anyone else has similar experiences of getting compensation for minor injuries.

 

[PpPete]

Go to one of the legal firms like cycleclaims (?) who specialise in handling on a no win no fee basis. They will no doubt "milk it" so as to maximise their payout, but you'll likely get more compensation tha you would going direct.
Or.... rather more risky, contact the driver direct and see if he's prepared to pay a suitable amount so as not to lose his NCD?
Although I chose the latter course and my avatar is a pic of me riding a rather expensive bike paid for by an errant motorist, it's not something I can really recommend.

 

[rliu]

What do you need compensating for?

The fact I was hit by a car through no fault of my own? The fact I sustained injuries from the accident, however minor?
Even if I don't get any compensation believe me his insurer will put up his premium anyway for having been in an accident. I used to work for a solicitor's firm that handled low value road traffic accident claims and I know from experience insurers are not slow to put up premiums for their customer before they 'quantify' how much they are willing to pay the other side.

PS - what I did there involved the payments that went between insurers and not personal injury, so before you start saying why do I need to ask other people's opinions on this incident I don't know much about what insurers do with personal injury compensation.

 

[vickster]

Contact a solicitor. Not a british cycling meber per chance?. Let them handle it if you are or no win no fee as above. Presume you have reported to the police too as injured!

I speak from bitter experience that a mjnor injury can also turn nasty. Also, see a doctor, go to a&e and get documented on your medical records

 

[Cycling Dan]

The fact I was hit by a car through no fault of my own? The fact I sustained injuries from the accident, however minor?
Even if I don't get any compensation believe me his insurer will put up his premium anyway for having been in an accident. I used to work for a solicitor's firm that handled low value road traffic accident claims and I know from experience insurers are not slow to put up premiums for their customer before they 'quantify' how much they are willing to pay the other side.

I would want anything scraped or scratched replaced.

 

[Exile]

First off, glad to hear you're OK. As others have said, if you're a British Cycling or CTC member it's a good idea to give the legal team a call, even if it's just to discuss what your options are. If not, then "no win, no fee" might be the way to go, but make sure they're experienced in cycling claims as otherwise they could be as much use as a chocolate teapot.

Personally, I'd always report a collision to both the insurance company and the police. I'd expect, at a minimum, to have the scratched parts replaced (assuming you have the bike checked and the damage is only cosmetic. As you say, the accident was through no fault of your own so why should you pay to fix the damage? Plus a bump in the drivers premiums might make him look twice before pulling out, which can only be a good thing. Reporting it to the police is probably a necessary part of making a claim anyway, but it can also help them build a picture of accident 'black spots' for cyclists, or at the very least it will appear in the figures. I'd hope the driver has reported it to both insurer and police, but that might not be the case if they assume it was only a minor knock.

Finally, take a look at the thread here for some good advice on what to do now. Most of what I've said is in there but it goes in to more depth and is better laid out than my post.

 

[classic33]

First off, glad to hear you're OK. As others have said, if you're a British Cycling or CTC member it's a good idea to give the legal team a call, even if it's just to discuss what your options are. If not, then "no win, no fee" might be the way to go, but make sure they're experienced in cycling claims as otherwise they could be as much use as a chocolate teapot.

Finally, take a look at the thread here for some good advice on what to do now. Most of what I've said is in there but it goes in to more depth and is better laid out than my post.

Hijacking the thread here. If there's anything I missed there, just add it on.

That thread is built on personal experience & that of others.

 

[rliu]

Hijacking the thread here. If there's anything I missed there, just add it on.

That thread is built on personal experience & that of others.

Thanks classic33 and other CC members for your advice.
There were witnesses who I did not think to take their details of and I don't have a helmet camera so I didn't think it worth it to report it to the police. I also know that this leaves me at the mercy of the driver and his insurer. I'm just hoping I have compelling enough photo evidence of the cuts and bruises and scrapes to my bike to get damages (as there is a lower evidential burden of proof in civil than criminal law).
I also noticed a scrape to my helmet today so I would chalk that as another one for the pro-helmet wearing argument vault.

 

[classic33]

Thanks classic33 and other CC members for your advice.
There were witnesses who I did not think to take their details of and I don't have a helmet camera so I didn't think it worth it to report it to the police. I also know that this leaves me at the mercy of the driver and his insurer. I'm just hoping I have compelling enough photo evidence of the cuts and bruises and scrapes to my bike to get damages (as there is a lower evidential burden of proof in civil than criminal law).
I also noticed a scrape to my helmet today so I would chalk that as another one for the pro-helmet wearing argument vault.

Coming from within the business, anything you can add or correct?

If the helmet has damage, then consider it having done its job and consider replacing it. Damage dependent.
I had a full face helmet on when hit. Did nothing for the back, neck or leg. Still use one now.

 

[Schneil]

If you were injured you must report the collison to the police wihin 24 hours. Even if you only get a reference number, its the law. Also the fact it's been done will help a personal injury claim if required.

 

[summerdays]

Coming from within the business, anything you can add or correct?

If the helmet has damage, then consider it having done its job and consider replacing it. Damage dependent.
I had a full face helmet on when hit. Did nothing for the back, neck or leg. Still use one now.

No if the helmet has signs of damage, don't just consider replacing it, once it has been in an accident it isn't worth wearing again.

And I would report it to the police, if only to appear on the stats for the roads.

 

[vickster]

Report it. You have the reg and details. You will need it for any personal injury claim. I am going through this at the moment. Also, don't do it yourself, get a solicitors advice. If injured, you'll need your medical records accessed so go see a doctor and get it all documented. You'll also need to see an expert privately to corroborate. You won't want to be paying out of pocket in the hope it's refunded! Not least a solicitor will tell you whether you have a case.

And as above replace your helmet. You'll need proof of the damage and original purchase to claim for replacement. Ditto any damage to bike, clothing etc

Also, take photos of your injuries. Even the nastiest bruising will be gone by the time the claim has started to progress

 

[uclown2002]

If you were injured you must report the collison to the police wihin 24 hours. Even if you only get a reference number, its the law. Also the fact it's been done will help a personal injury claim if required.

It's not the law! There is no legal requirement to report such accidents if details are furnished at the scene.

 

[Schneil]

It's not the law! There is no legal requirement to report such accidents if details are furnished at the scene.

I always thought if an accident occurred where someone was injured you had to report it. If I'm wrong then fair enough. However reporting it within 24 hours is helpful.

 

[vickster]

Given the derisory initial offer I have just received from the 3rd party insurers (following hospitalisation and surgery), I would certainly use a solicitor if you are seeking even your expenses to be covered! Not that I advocate ambulance chasing in any way!