Knocked off!

[PJ79LIZARD]

Got knocked off tonight, car 100m in front facing me indicating to turn to my left his right. There is nothing in front of me so clear sight to me, I slow a little anticipating him to make the manoeuvre, he doesn't so continue, this is happening at about 20 mph in a fluid motion, I get right on him, he makes the turn I hit the car fly over the roof and land on the floor.

I get up walk towards the kerb take off my rucksack feel chest pain and severe shoulder pain. Sit down, people start gathering driver comes over calling ambulance. Big lump on my shoulder, start getting blured vision and sickness feeling.

Ambulance turns up, police attend. Driver admits fault, get took to hospital, x rayed, they say I've torn the ligaments holding my collar bone in place so it's moving about, my arms dropping slightly and the collar bones sticking up, got to go back mon to see what's what. 6 to 8 weeks to heal. I'm gutted. Sling on and pain killers. Want to get drivers insurance details to make a claim, but the driver wants to come to mutual agreement by the looks of it and not go through his insurance,

I'm unsure, what sort of claim payout can you receive for such an accident? Anyone else had a similar experience?

 

[Archie_tect]

Driver must provide insurance details... if he refuses then tell the police.

 

[Ashtrayhead]

Definitely go down the insurance route, especially as you don't know the full extent and effect of your injuries at present!

 

[rualexander]

Yes go with the insurance claim. Driver is trying to avoid losing some of his no claims bonus and increased premiums, assuming he actually has insurance.

 

[crazy580]

I got £2000 for a sprained ankle, personally I would have been happy if they just replaced the bike.

 

[PJ79LIZARD]

The trouble is I may be off work for 6 weeks or longer, my job is physical so I can't work now. My bike is pretty messed up to, I'd just got it how I wanted it. I'm not going to be able to cycle I'm gutted!

 

[crazy580]

You can claim for injury, replacement/repair of belongings and loss of earnings.

 

[Red Light]

I'm going to advise differently from the others. Get good advice on what your damages should be (bike, injury, pain, time off work etc) and put it to him. He may well settle straight off if you have a good case put together for how much it is. If it goes to the insurance company you could spend ages fighting them for compensation and them trying all the tricks in their book to reduce it. You will get there in the end with determination, lots of time and patience and professional advice but you could have it all sorted in a few weeks doing it direct.

 

[spacecat]

I hope everything gets sorted and It's not too long before your back on the bike.

I share your pain, ouch. Get well soon.

 

[CopperCyclist]

Minor Whiplash paid someone I know 1500. Broken ribs gave someone else 2000. Go through his insurance.

 

[growingvegetables]

First - you need to think of yourself; rest, start to get well again. Nothing else for the moment. And certainly not while you're on painkillers.

Second - the driver has no choice; he's injured you.

If any personal injury is caused to another person, the driver must also produce a valid insurance certificate if asked to do so by a police officer, injured person, or anyone else directly or indirectly involved in the accident. If the insurance certificate is asked for, but not produced at the time, the accident must be reported to a police station as soon as practicable, or in any case within 24 hours, and the insurance certificate must be taken to a police station within seven days of the accident

[edit - sorry, that's from the CAB



Third - there is no way the driver should even be talking such **** at this point - and certainly not to you, directly/indirectly.

Sorry to hear what's happened - and best wishes for speedy recovery.

 

[gaz]

DO NOT ANYTHING WITHOUT SEEKING THE ADVISE OF A SOLICITOR.

As you say, you will be off work for quite some time and you will not be able to work again till you are fit so you will have lose of earnings.
If you are a member of the CTC (if not join) (I think BC also has a similar service), then use the service provided by RJ&W who deal with cycling related collisions and injuries regularly and the costs are covered by your CTC membership.

You will be able to get the drivers details and his insurance details from the police. Just make sure you have the crime reference number related to your incident.

What you need to do is take note of all the pain you have and the issues you have, do this daily so you and others can monitor your progress and it can be used to look back and see just how bad you where. Kept receipts for travel, parking tickets etc.. for getting to and from follow up appointments with the docs etc.. as you will be able to claim all of this back.


I know the pain you are in, I'm still recovering from a broken collar bone and i'm having some issues with the ligaments that are attached to it. I've had a stiff neck for 10 weeks, with tight nerves and ligaments.

 

[Red Light]

Second - the driver has no choice; he's injured you.
[edit - sorry, that's from the CAB

That's a requirement to show that he has insurance, not so you can contact his insurance company. The contact has to be with the driver unless and until he asks the insurance company to step in for him.

Third - there is no way the driver should even be talking such **** at this point - and certainly not to you, directly/indirectly.

The case is with the driver, not the insurance company. The insurance company is there to cover the driver for any costs he has to pay out if the driver asks them to. When I had an accident and took it to Court, I named the driver and her insurance company as defendants. The judge struck the insurance company off the claim and said the dispute was between myself and the driver only. Its the drivers choice as to whether they wish to pay up themselves or fall back on their insurance to pay. The OP is quite entitled if they wish though to appoint a solicitor and ask the driver to deal with them instead.

 

[BrumJim]

Gutted for you, mate. Hope you heel well in the next few weeks. Glad to hear that you appear to be suffering ligament damage only. Thank goodness the important stuff appears to be OK.

Oh, and more importantly, how is the bike?

 

[smiorgan]

Really sorry to hear about your bad luck.

At this time, do not be pressured into making any settlement (insurance or otherwise)! You need to know if you have a longer term injury.

I don't want to scare you but your losses could include future loss of earnings as well as the 6 weeks you take to recover. My reference is a friend and colleague who got knocked off on a roundabout, no question about liability but the problem was his shoulder - it meant he could no longer lift a ladder above head height and so lost his job as auxilliary fireman. The payout was in the high tens of thousands owing to loss of future earnings.

That stage involved a solicitor, years of back-and-forth with the driver's insurers, etc.

This will probably seem like a lot, and may seem like "trying it on" with the other party to get damages you may not feel entitled to. Whether that's the case or not, don't make any decisions yourself and get a solicitor to advise you. Hopefully you'll fully recover and this measure will have been over the top, but it would royally suck if you had a long term injury that affects your work and you didn't get your due compensation.

REPEAT, GET A SOLICITOR!

And otherwise concentrate on your recovery. GWS dude.