My first (and last) SMIDSY

[oldfatfool]

Seen as we (drivers) all pay iirc £90 a year extra on our insurance to pay out dodgy whiplash claims imo as a genuine injury you should expect some form of compensation. Not that I would advocate contacting one of the ambulance chasing scumbags, I would certainly be asking for the drivers insurance details in case the shoulder is anything more than a couple of weeks inconvenience.

 

[Nigel-YZ1]

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.

...

I agree the standard procedure is not to give physio. But be persistent and clear that cycling is serious for you and pursued for transport and sporting means and you can be referred. That was my experience.

 

[simon.r]

...Do I want to go through the chap's insurance and try to claim compensation? Has anyone had an experience like this one?

I'm in the process of claiming directly through a driver's insurance company. Brief details:

I was knocked off by a 'nice', apologetic car driver, who admitted liability on the spot. My injuries were fairly minor - I didn't go to A nd E until the next day, when an x-ray revealed nothing was broken, just cuts and bruising. My immediate reaction was similar to yours - not to claim as the driver offered to pay for damages caused by the accident. On reflection (and after being on crutches for a week!) I called the driver's insurance company and said I wanted to make a claim for compensation. They sent me a cheque within a few days to cover physical damage (bizarrely there was no damage to my bike other than a twisted mudguard, but the mobile phone in my pocket was broken when I hit the ground). The insurance company have since had a doctor carry out an independent report on my injuries and I'm now waiting for them to make me an offer.

In my case I'm as sure as I can be that my injuries will have no long term impact. Also, having been knocked off a motorbike a few years ago I have a rough idea of what I think will be a reasonable amount of compensation. Given these factors I don't feel the need to go through a solicitor, but the insurance company have accepted that I may choose to do so if the matter isn't resolved to my satisfaction.

Good luck, whatever you decide to do!

 

[dhd.evans]

An update: Bike is written off, the quartermaster at my LBS has assessed it and will write a report to that effect for the company to consider. Once I get feedback from the company on whether they'll plump up for a new bike will decide on the next move.

As before, thank you for your input. It's reassuring to know that other have had similar experiences!

 

[Sheffield_Tiger]

Yes.

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

^ This

My accident back in March last year wasn't "major", some physio, all sorted..

Or not...

I still can't sleep on my right side, if I do turn over then it wakes me (if it doesn't, it's because I've had a drink, then it hurts in the morning). Now in the cold, some days I have a pain on my upper arm on that side. If I raise my arm up and down, the joint clicks each and every time.

It doesn't particularly prevent me from doing normal daily things.

I am mindful that in A&E my occupation was asked and I remember being told that if my job was physical I'd have been referred for different treatment....which IMO is wrong, who knows, I may lose my job and end up on a building site (builder was the term used as an example of what would have meant a referral)

For that reason I haven't settled yet. I'm not looking at what I can "make". I want to be damn sure that this is not going to cause me problems in later life, so until this can be established I am not settling "full and final", in case further expensive treatment is needed

 

[BlackPanther]

On one hand I applaud the fact that in these days of the compensation culture you don't want to get 'where there's blame there's a claim solicitors involved. On the other hand, this wasn't a case of you slipping on a wet floor whilst walking around like a blind fool. You were knocked off your bike, and fortunately didn't go under a car along with your bike.

If I get caught speeding, I expect points and a fine.....surely someone who could potentially have seriously injured you (or much, much worse) should expect to have to deal with the consequences. By being suitably punished, such an offender is less likely to make the same mistake again. Fair enough, if the driver settles your bill in full, then hats off to you for not giving the blood sucking lawyer leeches their slice of the cake, but the driver should have to answer to the law. After all the next person may not be as 'lucky' as you.

 

[benb]

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.

Reporting it to the police, and the driver being sued are entirely separate events. The first should always be done if there is an injury (this is a legal obligation) and the second will almost never happen, unless they don't have insurance or something.

If you have ongoing problems with your shoulder, you deserve compensation for it. If you get solid advice that your shoulder will fully heal in a reasonable time, then by all means only claim for the bike/equipment (and taxis &c.)

Insurance is there for a reason. If your shoulder isn't serious and they agree to fully reimburse you for the bike, then fine, but if they start umming and erring about the cost, get a solicitor on it quick sharp to claim against their insurance.

As others have said, do not agree to any settlement until you have specialist advice on your shoulder.

 

[dhd.evans]

The company have agreed to pay for a new bike, and all my QM at my LBS has to do is send them the invoice

Now, this troublesome shoulder...

 

[Bicycle]

I'm curious. WHy do you say it is your first (and last) SMIDSY?

Isn't that tempting fate just a little?

 

[marafi]

What you did was not your fault. If it happened to someone else and they got killed for it now how would that look if there family relatives did not go to the police.

 

[col]

Second thing you should do is contact your solicitor, and let them deal with it.

 

[PaulSB]

I had an apparently similar incident about 4 years ago. While I'm not into the compensation culture I got so pissed off with the driver's excuses - especially when he said "I cycle a bit myself" - that I decided to seek compensation.

Doing 20+ plus down hill on a bright summer evening. Approaching a mini roundabout but perhaps 200 metres from RA I saw a car stop at the exit on my left. I slowed sensing a problem, he then turned right across my path, I braked hard, turned hard right and broadsided into him and my left leg taking most of the impact and I then landed on his bonnet.

Dislocated my left thumb and broke right hand - hands wrapped round brake levers pulling for dear life. For this I received £3000 but now have early onset of arthritis in right hand which seems to me to be more than coincidence.

My actions stopped me hitting the driver's side head on which could have been very serious. Don't underestimate your rights in this situation.

To my astonishment the bike wasn't even scratched!!

 

[dhd.evans]

I'm curious. WHy do you say it is your first (and last) SMIDSY?

Isn't that tempting fate just a little?

Perhaps. I think I will try to make it my last by being extra specially cautious of cars now. My commute touches on 'real roads' for about 1 mile of a 10 mile commute meaning that, statistically, I should be able to keep my potential for accidents down to an absolute minimum.

The road that it happened on is an area i'm particularly wary of anyway but since the knockoff I now know that car drivers on that stretch really ARE moronic.

 

[akb]

reporting a RTA is appropriate

Isn't it a legal requirement?

 

[benb]

Isn't it a legal requirement?

Definitely if there has been an injury, not sure if not.