Right Hook - Advice

Discussion in 'Commuting' started by dhd.evans, 9 May 2019.

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  1. dhd.evans

    dhd.evans Über Member

    Location:
    Dundee
    This happened:



    The driver has now asked to meet in a public place this evening ostensibly to discuss the way forward. Bike is in the LBS with preliminary reports suggesting it will need:

    - New handlebars
    - New bar tape
    - Wheels re-trued

    Parts and labour may run into the hundreds, but this is conjecture at this point.

    I'm keen to resolve the repair issues ASAP as i have a sportive next Sunday so will happily send the bill and leave it at that. Pursuing damages (and i am damaged, let's not understate that) is not my main aim here.

    Anyone with advice as to what to do?
     
  2. T4tomo

    T4tomo Veteran

    Meet him, but take Big Dave with you.
     
    raleighnut and dhd.evans like this.
  3. derrick

    derrick The Glue that binds us together.

    Get insurance details. if a problem go through British cycling, they sorted it all out when my wife got hit.
     
    tom73 likes this.
  4. glasgowcyclist

    glasgowcyclist Charming but somewhat feckless

    Location:
    Scotland
    I think @classic33 has a sticky thread somewhere with good advice.

    Personally, I'd deal with it via his insurance company or at the very least get his insurer's details in case a private settlement offer is insufficient or delayed. And since you've been injured I'd also be checking with police that he's reported the collision. This can be a good indicator of a driver's propensity to avoid his financial as well as legal responsibilities.

    Good luck.
     
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  5. mjr

    mjr Comfy armchair to one person & a plank to the next

    Sorry but what is there to discuss? I don't see the point of the meeting.

    In your shoes, if I could afford it, I'd photograph everything, swallow the repair cost for now, send them or their insurer the bill and get insurers or lawyers involved if they dispute it.

    Also, report it to the police. It's an injury/damage collision. I wonder whether the driver will, or if the police might be interested in their failure to do so, or the video which seems to show careless/reckless driving (which you should take down immediately else the police won't use it).
     
    Last edited: 9 May 2019
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  6. mjr

    mjr Comfy armchair to one person & a plank to the next

    dhd.evans likes this.
  7. Milkfloat

    Milkfloat Veteran

    Location:
    Midlands
    Whatever you do, don't immediately settle with him. You don't know if your injuries will get worse or if the LBS find something more damaged with the bike. I would expect at least scratches. Him handing over £100 in a pub might help in the short term, but could leave you considerably more out of pocket.
     
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  8. ianrauk

    ianrauk Tattooed Beat Messiah

    Do not meet him.
    He either coughs up the damage without argue for the complete replace and repair as per your LBS bill or you go through his insurance.
     
  9. icowden

    icowden Senior Member

    Location:
    Surrey
    Driver probably wants to meet up to try and avoid an insurance claim and / or police investigation which would probably end up with points and a fine for due care and attention. The problem with meeting up is that anything you agree will effectively end your chances of recovering any unforeseen costs or injury claims.

    Personally, I would reply to them very nicely, that although you appreciate that they want to resolve this via a meeting, that for your own protection and theirs, you would prefer to go through the insurance company. Therefore if they can provide details of their policy, that would be helpful.

    If they refuse, report to Police. Regardless of whether you are considering a personal injury claim, make sure you visit your GP / Walk-In as appropriate so that there is an official record of the injuries you sustained. Then if you have later issues with whiplash / shoulder / rotator cuff etc. you have a much better basis for the claim. It is not uncommon for the real extent of injuries not to be known for days, if not weeks after an injury. If injuries do get worse, don't "man up", go to the GP - again it's important to make a record. Make a personal note of any missed work, additional costs etc. Then you have all of this information to hand if you go the personal injury route.

    I would recommend that you do, as you have a clear video showing fault. A good solicitor will resolve it quickly and makes sure all your costs are covered along with compensation for the injury sustained. (I'm not a Solicitor but I worked for a Personal Injury solicitor for 4 years). Oh - and when you do contact their insurance, they are likely to try to offer you their own legal service. Do *not* accept. They represent their client, not you. Appoint your own legal representative.

    Remember - this is not about a vendetta with the driver, it's about resolving the damage done to your and your bike. The worst the driver will sustain (unless you get the police involved) is a small increase* to their insurance policy next time they renew.

    *unless they are a terrible driver with other claims against them
     
    Last edited: 9 May 2019
  10. glasgowcyclist

    glasgowcyclist Charming but somewhat feckless

    Location:
    Scotland
    A police station is a public place, give him the address of your nearest one and meet him there. I'm sure he'll get the message.
     
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  11. KneesUp

    KneesUp Veteran

    Out of interest, did the driver know you had footage before they said they wanted to meet?
     
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  12. glasgowcyclist

    glasgowcyclist Charming but somewhat feckless

    Location:
    Scotland
    That is a good point. I never reveal to anyone at an incident that I have footage; it's better to let the other party make his statement to police or give his account to his insurer first before pulling out the video evidence. Yes, I am a cynical old bastard.
     
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  13. OP
    OP
    dhd.evans

    dhd.evans Über Member

    Location:
    Dundee
    He does not and i will be adopting this tactic as well! :smile:
     
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  14. Spinney

    Spinney Bimbleur extraordinaire

    Location:
    Under the Edge
    Good luck with it.
     
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  15. OP
    OP
    dhd.evans

    dhd.evans Über Member

    Location:
    Dundee
    Interim report now includes the pedals being knacked, so there's that too.

    I am keeping this in mind; i don't think i've got time to head to the GP just now but the local A&E might suffice. The personal injury route is something i'd like to avoid but note that if worst comes to worst then i'll embark on it.

    This is a recurring theme and one i'm divided on. I'm not sure of the chap, he seems earnest (despite the initial victim blaming of "you came flying round that corner i had no time to react!") and remorseful, perhaps this is just to see what kind of costs he will incur. I think i'll attend (he has suggested a local coffee stop) and suss it out, reject any offers until such a time that the LBS repair bill comes in.
     
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