My first (and last) SMIDSY

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dhd.evans

Veteran
Location
Dundee
Well, it was 6 years overdue i suppose! 6 years of riding these mean streets to and from work and this is my second 'incident'. The first being a patch of ice and an unlucky fall.

tl; dr - Car hit me, shoulder busted, phoned police, was I right?

A driver right hooked me last night - came right across my bow and caught me head on. Wheel trapped underneath the car, I went over the handlebars and off the bonnet. Landed on my shoulder pretty hard.

"Sorry mate, i didn't see you!" was the cry.

"Oh you 'silly sausage' was my response.

The chap, clearly shaken up also, comes over. He works in a popular car showroom, its his company car. His manager comes out. They pick me up, and pick the bike up and take it indoors. The chap who knocked me off offers to run me up to A&E and the manager agrees to settle the bill for repairs to my hunk of metal, or what was my former bike.

I agree. We chat on the way up to A&E and.

"Look, this can be settled amicably and I don't think there's any point in involving the police" I said. He agrees, thanks me for taking this so lightly.

"After all, these things happen. I mean, at least i'm walking away from this so I'm happy" I add.

He smiled, and thanked me again.

At A&E it's a short wait, some x-rays, and it turns out i've popped some ligaments in my shoulder. Ah yes, that would explain the pain on movement and the fact that I can't put my arm above my head anymore. Some painkillers to take and i'm on the road home.

Back into work today (what? It's just an arm) and i'm advised to phone the coppers to report the incident, which I do. Once on the phone i'm chided for having not reported the accident at the time it happened, the irate phone operator giving me a proper dressing down. I apologise and he says he'll send an officer up.

Sure enough, the policeman turns up an hour later. He takes a statement and I explain that I don't want this to be pressing charges or what not, just to put it on file in case it needs referred to. He agrees and then pops off down to the store to speak to the chap involved and his manager.

But somehow I feel i'm doing them wrong - I don't want to upset them about this, i just want to collect my bike, see if its salvageable, and then get it repaired on their tab. Not much to ask, considering i'm firing back painkillers for a knackered shoulder.

Was I right to phone the police?
 

PK99

Legendary Member
Location
SW19
Was I right to phone the police?


Yes.

Until you know how well the injury heals keep all your bases covered.
 

atbman

Veteran
Let me see:
  1. A driver didn't see you
  2. He hit you with a ton or more of metal
  3. This is, strangely, against the law
  4. Your bike is damaged
  5. You have injuries sufficiently serious to warrant a trip to A&E
  6. You don't know how long it will take you to recover
  7. You could, easily, have received fatal injuries
  8. There are clearly grounds for a criminal prosecution
And you feel that you are somehow doing them wrong? Yes, they took immediate responsibility, which is good. Yes they were helpful, which is also good. But all that was after the offence and does not in any way mitigate it, tho' it may reduce any subsequent punishment.

Not that I wish to persuade you against your will in any way whatsoever.

Ps Has their "niceness" reduced the pain at all?
Will it speed up the healing process?
 
OP
OP
dhd.evans

dhd.evans

Veteran
Location
Dundee
Let me see:
  1. A driver didn't see you
  2. He hit you with a ton or more of metal
  3. This is, strangely, against the law
  4. Your bike is damaged
  5. You have injuries sufficiently serious to warrant a trip to A&E
  6. You don't know how long it will take you to recover
  7. You could, easily, have received fatal injuries
  8. There are clearly grounds for a criminal prosecution
And you feel that you are somehow doing them wrong? Yes, they took immediate responsibility, which is good. Yes they were helpful, which is also good. But all that was after the offence and does not in any way mitigate it, tho' it may reduce any subsequent punishment.

Not that I wish to persuade you against your will in any way whatsoever.

Ps Has their "niceness" reduced the pain at all?
Will it speed up the healing process?

These are completely valid points and I do accept and understand them, however I was simply trying to put myself in the guy's shoes. I mean, if i'd hit a cyclist in my car the last thing i'd want to happen is for a solicitor's letter to drop through my mailbox sueing the ass off me. If this can get sorted without police intervention then that'd make me happier but I do realise that reporting an RTA is appropriate.

Once the matter is settled I will share the name of the company so they can be put on the 'good guys' list of people to deal with.
 

Cyclist33

Guest
Location
Warrington
I would think of it this way: but for a couple of lucky factors you could have been killed, and would your family be then saying to the driver/car company - "let's not make a big thing of this"?

Stu
 

400bhp

Guru
[QUOTE 1684660, member: 45"]It's not uncommon at all for a SMIDSY to apologise and agree to settle outside of any police, court or insurance action. They might do this to get you off their back, give you false details and do a runner, or they may simply calm down and change their mind.

Always contact the police.[/quote]

I am always reminded of an incident that occured whan I was a teenager. Our neighbours that lived opposite reversed into my dad's van. We saw it. He offered to pay for the repairs if we kept the insurance out of it. Initially fine. He then wants to buy the replacement parts from a scrap yard. No thank you, says my dad and goes through his insurer.

Our neighbour was a copper. Can't trust anyone.
 

gaz

Cycle Camera TV
Location
South Croydon
These are completely valid points and I do accept and understand them, however I was simply trying to put myself in the guy's shoes. I mean, if i'd hit a cyclist in my car the last thing i'd want to happen is for a solicitor's letter to drop through my mailbox sueing the ass off me. If this can get sorted without police intervention then that'd make me happier but I do realise that reporting an RTA is appropriate.

Once the matter is settled I will share the name of the company so they can be put on the 'good guys' list of people to deal with.
We have insurance for a reason. It would never go to you sueing the other driver, you claim money for damages to your posseions and injury costs from his insurance company.
 

fossyant

Ride It Like You Stole It!
Location
South Manchester
Just tidied up the swear words a little !

Well, at least the police took it seriously. But if the other party accepts liability, then all will or should be OK.
If you've popped a few ligaments in your shoulder - then I'd suggest keeping a very close eye on it and get a solicitor involved, especially if it does not heal up pronto.

Shoulders are very easily permanently damaged so don't go settling otherwise you may come unstuck (how about a lifetime of problems ?)

Echo the advice above, but my shoulder is knackered after something similar, 3 years ago, followed by an operation 12 months ago. Confirmed I will have permanent issues with it now. Had to pay for all my treatment, had to press NHS to scan/operate on shoulder - nothing from the third party insurer despite liability admitted within 6 weeks - just had a couple of £k to cover treatment so far.

So certainly contact a solicitor, and WAIT until you heal up before agreeing anything.
 
Was I right to phone the police?
I had a SMIDSY last year and did go to the police immediately despite not being (seriously) injured and not having any (noticable) damage to the bike, in case damage to myself or the bike did show up. Spent the day with my arm painful, went to A&E after work and they decided it was swollen enough to x-ray in case of fracture (it was fine). [well, I went to walk-in centre first, which is actually round the corner in A&E and then they moved me to A&E so I ended up explaining 4 times. BTW: they ask if you were wearing a helmet!]

I would always go to the police in case; in my case I wanted to get the facts recorded while they were still fresh in my mind in case either his insurer / my insurer (I ride insured with the ETA) needed to be invovled.

Although, after giving statement, the police did follow up and have decided to take no action (they did ask me first). I was wondering - when someone can be sent on a 'speeding' course for speeding; surely knocking someone off their bike warrants a 'bike awareness' course or similar? Speeding is only a problem in case you hit someone (surely??) yet if you do hit someone there's no action?
 
OP
OP
dhd.evans

dhd.evans

Veteran
Location
Dundee
Thanks everyone for the responses.

I'm going to pop down to the showroom later to assess the damage, see where we go from there. That the police have been involved will make sure the chap will hopefully keep his end of the agreement and we can settle this all out of court, but if not then will take that route. I think this seems the sensible option, although I welcome comments about it.

Re: the shoulder. Now, it is an embuggerance. I will phone my GP and get a physio referral pronto, but the advice of the A&E doc was to keep it mobile and it will heal up on its own. Do I want to go through the chap's insurance and try to claim compensation? Has anyone had an experience like this one?
 

Dan_h

Well-Known Member
Location
Reading, UK
I had an accident on a motorbike once. I stopped at a roundabout and the driver behind me drove straight into me! Another driver called the police and ambulance. I got up insisting that I was okay. Got a ride home, had a pizza and went to bed. Woke up in the middle of the night in serious pain so went to the hospital (I wished I had not refused the ambulance ride at that point!).

Only then did I discover the broken shoulder and damaged back. Going through the drivers insurance was easy. I contacted a local solicitor and the drivers insurance company. I had to go for a medical a few weeks later for their insurance and get quotes for damaged equipment / repairs to the bike. I sent all this in and got the money back a few weeks later.
 

jdtate101

Ex-Fatman
Well the driver had an RTA in which someone was injured and he DIDN'T report it, he's in big trouble!!! He should have phoned the police right away. I suspect there might be more going on here that just not wanting the police involved. What if the young man was NOT insured to drive the car, and the owner of the garage knew it too? Both are then possibly liable for prosecution. Maybe that is why they were so eager to not call the police, it's not as if you just had a minor bump. You defiantly did the right thing (a little late) in calling the police.
 

fossyant

Ride It Like You Stole It!
Location
South Manchester
Thanks everyone for the responses.
Re: the shoulder. Now, it is an embuggerance. I will phone my GP and get a physio referral pronto, but the advice of the A&E doc was to keep it mobile and it will heal up on its own. Do I want to go through the chap's insurance and try to claim compensation? Has anyone had an experience like this one?

My experience - you'll not get physio on the NHS - I only got 'advice'/checkups after my shoulder op. Oh and I've asked. I've also spent a small fortune on it. Stillhaving physio and acupuncture now.

As it's a company car, it will be company insurance ! Lots of businesses do 'self insure' to a value, so it's likely they will pay for repairs pronto, but if you have an injury then don't ever sign anything if you get an interim payment. If you are 100% sure your shoulder is OK in a couple of weeks, then possibly not claim - I thought mine was OK after a couple of weeks, then went swimming and bam, that was it.

Get them to sort out the bike damage, but let them know you've fallen heavily on your shoulder and may need to get a solicitor involved to recover medical fees. Lots of shoulder injuries end up with surgery down the line !
 

PpPete

Legendary Member
Location
Chandler's Ford
Thanks everyone for the responses.
Has anyone had an experience like this one?

Yes - me!
See this thread.
Different kind of accident but still motorist volunteering to pay....

Be aware that motorists think bicycles cost tens or hundreds of pounds to repair or replace rather than (potentially) thousands.

In my case he was shocked when I listed out the cost of all the components that were damaged, but in short I held the threat of involvement by CTC solicitors over his head (and his insurers having to pay for my injuries) until such time as he paid for a bike that cost significantly more than the bike I was riding at the time of the incident.

Yes I took the risk that injuries (broken ribs) could flare up again after he'd paid, but in my case I got the cash (or rather the new bike) much quicker by settling privately.

Don't assume that just because it worked out OK for me, that it will do the same for you.
 
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