Just been hit

[Ellis456]

I phoned her insurance company this morning and gave all details, they now contact her and will get back to me. Went into cycle shop with bike today for a quote, frame is bent so is back wheel and scrached a lot. to expensive to fix so will be a new bike £299 2011 aggressor 3 and new helmet £30 as old was hit on inpact.

 

[BenM]

dont forget to bill for your time taken to remedy the injury and the discomfort caused by your injuries... the Bike may only be £300 + £30 for the helmet but the rest soon adds up.

Keep all your receipts - taxi fares whilst you don't have a bike, new clothes to replace the damaged ones and keep a pain diary - sometimes injuries will only show up after a day or two, especially muscle related ones.

Sorry - Did you say you had a solicitor on the case? if not I would re-iterate what other posters have said.... that you should get one PDQ.

B.

 

[Arch]

Yeah, rubbish from the officer - he can do whatever he sees as suitable, and I'd agree that in this case depending on the women's previous driving history a driver improvement course or a straight due care charge would have been much better. I'd also, like Gaz, be interested to know what the ticket was for - I'd guess it was for failing to conform to the traffic sign, the Give Way but that's me guessing.

I try hard to always respect the police (as opposed to some people's default of hatred), but in the face of this sort of thing, it's hard. (I mean the copper at the incident, not Coppercyclist of course!)

How the heck is failing to 'Give Way' any less worse than failing to 'Stop'? Would he have said that if she'd killed someone? If she really showed no remorse, that attitude ought to make it worse, as it doesn't seem likely she'll learn from it. "I didn't see him" as a defence, especially when a cyclist is well lit, ought to make the charge automatically driving without due care and attention, as she clearly, by her own admission, wasn't paying enough attention.

I despair. I despair that she can get away with a £30 pound fine, and that she doesn't seem to care much. Still, hopefully her premiums will go up nicely.

Given her apparent attitude, I'd be inclined to screw her for every penny you can (although of course if it's the insurers paying up, it's not her getting screwed). If she'd shown instant and genuine remorse and upset, then I'd be more inclined to just go for compensation for the material things.

Anyway, I hope you recover soon, and whatever your course of action, it goes smoothly.

 

[cyberknight]

Hi all,

An hour ago I was hit by a women not giving way, luckily im ok, wrist is sprained, graze to knee, elbow and side of buttocks, I managed to get out of most of the inpact and jump right but was dragged at the side. I need to visit the hospital tomorrow for an xray to be safe.

Police and ambulance came and woman admitted fault, The womans exuse was "I was looking for headlights" and "I didnt see him", she showed no remorse or asked if I was ok.


The police fined her £30, but couldn't do her for dangerous driving . I have her insurance details now does anyone know what i need to do?. My bike is bent, I think the frame is bent?. will I get compensation?, I have no bike now and cant afford another.

Thanks.

The driver was not paying attention , the police did not do the job properly as far as i can see.

As others have said join the ctc/bc and get their lawyers to take the driver for all shes worth , a new bike, new helmet,clothes, cost of travel to and from work, lost earning , travel to and from doctors, courts etc etc all adds up and you will be amazed how quickly you can get to the £1000 minimum.
I would also see if the solicitor should challenge the original fine as it is clearly not the correct prosecution, "looking for headlights " is not a valid excuse, if it had been a pedestrian she had hit would she have got away with it using that excuse?The responsibility of making sure the road was clear is hers , lights or no lights does not alter the fact she was driving at the minimum carelessly .

I hope you heal ok and get back on the road asap , pity your so far away or i would have lent you a bike.

 

[jonny jeez]

Ellis, I missed this until just now. Sorry to hear you were knocked off. Hope the injuries are mending fast.

All the advice I've seen here is spot on. get some legal support, photograph all your injury's (especially as they start to bruise up) take it easy and get quotes/receipts for EVERYTHING...bus /train/cabs travel...mending of bike, loss of earnings/holiday pay, loss of bounses/commission etc...if she took you off while looking for the lights then that is a clear admission of driving without due care or attention.

Push the legal team for compensation.

I'm afraid its the only way people like her will learn to respect the danger their vehicles can be to cyclists.

But for now, just get yourself better and get back on the bike ASAP

Jonny

 

[Hip Priest]

The legal gubbins is best dealt with by the helpful and knowledgeable folk above, but the aspect of your post that struck me was the lack of an apology from the driver. I find such behaviour appalling.

 

[jig-sore]

get the sprained wrist looked at. i game off just over a year ago and sprained my wrist and it still gives me jip now and then. a true sprained wrist will take time to heal. go the the hospital, they will do and x-ray and if its not broken ask for a wrist support to keep it from moving (elastic and velcro thingy with a metal strip in it).

 

[CopperCyclist]

I try hard to always respect the police (as opposed to some people's default of hatred), but in the face of this sort of thing, it's hard. (I mean the copper at the incident, not Coppercyclist of course!).

Lol, thanks for the vote of confidence! It's worth remembering that most of the time, you're most likely to hear about (or for that matter remember) the incidents where you've been told or experienced a poor, lazy or simply crap officer. I promise the majority are good officers who will do the right thing!

It's similar to the cynicism we develop, as we only ever tend to deal with the worst sort of people, it's hard not to get your perspective skewed to believe the whole country is like that! It takes some effort for me to remember the majority of the people living and working in this country are good, decent people who I simply never meet!

 

[Matthew_T]

the incidents where you've been told or experienced a poor, lazy or simply crap officer.

I had one of these.

I had just collided with a vehicle which left hooked me, continued on my journey after not getting anywhere with the driver, flagged down a police car later, explained the situation, he asked me about injuries/damage. I finally said to him that I would be reporting the incident anyway and he quite sternly told me not to. After that I was a bit pee'd off so too the hump, thanked him, and rode off briskly (well showed a lot of my arse anyway).
I believe a few people on here said that I should have reported the incident no matter what as it was still a collision.

No excuse for any officer to perform less than expected. The police presence at the incident might not have been needed unless the driver was failing to provide their details which is a legal requirement in the case of any collision. The FPN was utterly disgusting, and if a PO told me that was what he gave her, I would get his personal details and persue a complaint about him not dealing with the situation correctly, IMO.


Only one person on here has mentioned the fact that you might be absent from work. If so make sure you make a not of any pay you have lost and any phone calls you have made.

Make sure you note down every company and every person you speak to and about what. You have no idea how useful this can be and how much you can quote someones words. Possibly get in touch with your phone company and ask them to monitor your number. I dont know if they will do this but as long as you confirm all your details, they should be able to switch a switch on and record every call you make and receive.

Best wishes and get well soon. Sounded like such a simple incident and yet all of this has happened. You will relieve all the stress at the end with a feel of accomplishment when you have a new bike and about £2000/£3000 of compensation.

 

[Matthew_T]

It takes some effort for me to remember the majority of the people living and working in this country are good, decent people who I simply never meet!

I have been involved in many charitable events involving working with children with learning difficulties. Mainly with Autism.
The amount of patience people have and how nice they actually are just astounds me and makes me greatful I have had the oppurtunity to meet them and witness their actions.

Get involved in more charity and volunteering work and you will love it. I have even got a meeting with a bloke from RedCross this morning about working with elderly people.
(It also looks good on your CV).

 

[Crankarm]

I phoned her insurance company this morning and gave all details, they now contact her and will get back to me. Went into cycle shop with bike today for a quote, frame is bent so is back wheel and scrached a lot. to expensive to fix so will be a new bike £299 2011 aggressor 3 and new helmet £30 as old was hit on inpact.

What rotten luck.

Sounds yet again like crap policing or lack of it by plod. Make a complaint to the Chief Constable, it only needs to be brief but mention neglect of duty, failure to exercise powers, lack of diligence, unprofessionalism, etc. At least the driver was driving without due care and attention. As she admitted knocking you down she has admitted to offences and should at the very least be sent on a driver awareness course which she will have to pay for and inform her insurers. If she declines then it should be prosecution for driving without due care and attention. This is what happened to the moton who knocked me down even though I wanted him to be be prosecuted. I would have been livid if only an FPN had been issued. This is the criminal side which plod deals with.

The civil side is your claim against the moton. It is fairly easy to get above the £1k thresh hold set for PI claims in the Small Claims Court below which costs are NOT recoverable except expenses such as lost wages to attend court but if you claim these you can only claim very modest amounts for out of pocket expenses and travel expenses.

Visit your GP ASAP and get all injuries examined and documented, take clear pictures as they mature and heal especially cuts and bruises. Keep a diary of pain and suffering. Maybe you could do with some physiotherapy. It is possible you may have twisted some thing such as back or neck which will easily get you above the £1k above which solicitors will act for you. Also PTSD which can be very real if a car is driven into you knocking you down.

You have 3 years from the date of the accident. If it happened yesterday you have plenty of time. Ring around a few solicitors in the next week or so and go with the one you feel most comfortable with. All solicitors with take your case on a conditional fee agreement basis. You don't need to be a member of CTC, BC, etc. Solicitors will try to find out from you if you have a legal expenses policy generally available with car insurance or sometimes on bank or home insurance policies so they can start racking up their costs. Do not let them as this is not necesssary as the whole point of conditional fee agreements is that they get paid by the other side when you win your case. They factor in a success fee in the agreement reflecting the likelihood of you winning your case and risk to them. In your situation the woman has admitted liability so ther is no dispute in liability so a solicitor is definitely going to get paid by the moton's insurers so why rely on your own legal expenses policies and risk your premiums going up? Insurance companies are barstewards, don't give them an excuse to raise your premium.

Your bike can wait a bit, your injuries are the most pressing thing. It sounds like your bicycle is a write off so you should get a new replacement. Don't be satisfied with them trying to knock you down in it's value as it was a few years old. For them to fight you in court of over it's value would cost them thousands so only settle for a brand new bike which is perfectly reasonable IMHO although the law states you are entitled to be put back inthe position you were immediately prior to the act which caused you injury or loss as far as is possible by monetary compensation. Awards for damages are not great but certainly £3k would seem achievable with minor/moderate injuries, neck or back injuries. But a solicitor needs to advise you on this and likely damages.

Keep all receipts for expenses incurred by you because you cannot ride your bike or because of you injures.

DO NOT TRY TO DO TOO MUCH TOO SOON AND SOLDIER ON. YOU NEED TO MAKE SURE YOU HEAL PROPERLY. If you need some one to drive you around, take public tranpsort or taxis or more generally do things for you then so be it, just get receipts and claim for re-imbursement. A good solicitor should be able to obtain re-imbursement or an interim payment fairly quickly and settlement within 12-24 months depending on the extent and prognosis of your injuries.

But do NOT deal with the moton's insurer direct. CTC use Russell Jones Walker, LCC use Levenes and BC - I don't know. You do not have to be a member of these cycling organisations to take up the legal services of their recommended solicitors with whom they have an arrangement, as these solicitors will still take your case on a conditional fee agreement basis.

Good luck and GWS.

 

[Matthew_T]

Sound advice.

 

[Muttley]

You get a bigger fine for parking on a yellow line!
I got smacked by a bus and the court gave me 3 choices 1.let him off 2.send him on a drivers awareness course 3.send him to a court to face driving charges but I chose number 2.
Also once I hit a bloke who stepped off the kerb with my wing mirror and I got charged with wreckless driving and due care so I'd say the copper was clueless or the woman driver was his mum!

 

[fossyant]

Hold on guys. The Police have a hard enough time with red tape. My accident, the Police didn't think really needed reporting (I did report the next day) - driver was just being too busy as lots are, not watching road. I got up, rode home. I have long term injuries, 3 years later, but this "get them in court etc" ?, sometimes it's a stupid mistake.

My solicitors are sorting my long term issues out, her insurance will eventually pay out, but all I'll ask is a letter (if possible) to the driver telling about the damage done - none major, but it's bloody painful day to day. Driver cocked up, made a mistake, but to prosecute, nah she was in a right mess after hitting me. She will pay through the claim, and I think they now get informed of the bill once settled. My legal/medical bill will be huge ! My PI, not as big

 

[Crankarm]

.........clearly two distinct lines of thought here Fossy ...........

If more adequate penalites for such inattentiveness were more regularly sought and meated out then perhaps some drivers would take more care. Having said this, yesterday, I was twice nearly knocked down at traffic lights when crossing by cyclists deliberately riding through red lights . Maybe I have to get a cheap golfing umbrella to stick through their wheels to get them to stop .