Seek compensation after being knocked off by bike?

[2pies]

I was involved in a "road incident" last night on my way home. Classic scenario, I'm riding along, a car turns left right in front of me into a side road without signalling, i can't stop, hit the side of his car and bounce off falling onto the road. Ambulance, A&E, X-Rays etc. I've been lucky enough to escape with just a fully fractured clavicle on the left shoulder and numerous cuts and bruises elsewhere on my body. Was worried there would be spinal or other limbs broken.

While I was in significant pain and shock, some kindly witnesses helped out with all the best practises; called the police, got drivers details, logged an incident etc. I was whisked off to hospital before the Police got there but I've called them today and they're coming round tomorrow to take my statement.

As I will likely incur some modest costs; minor bike works (front wheel and carbon fork probably need chucking), taxi home, backpack and clothing cut-away by paramedics etc. I could also make the case for loss of earnings by having to rest up for a few weeks at home (my income is part-commission based so I won't be hitting my numbers this month).

As I would seem to be in the process of collecting all the necessary details to make a claim, any advice on how to do so? Which company to use, when to call them etc.

Should I also contact the witness and/or driver who hit me? Should I mention that I plan to make a claim?

Cheers

 

[2pies]

Yes, I have a Silver racing license with BC. I'll call them, if thats helpful

 

[vickster]

As above. Get a solicitor on board and don't contact anyone yourself directly. Let the lawyers do that. Yes contact British Cycling and they will put you in contact with their lawyers, Leigh Day. They'll support you in claiming for the injury, as well as covering all your expenses, loss of earnings etc.

Looks like you'll now need to wait until Monday, no rush, you have three years to start the claims process for injury!

https://www.britishcycling.org.uk/membership/article/memst-Incident-Helpline-0

Have a read of this for advice https://www.cyclechat.net/threads/accident-advice.151618/

Keep copies of all receipts, indeed scan or copy them as they can degrade over time. And keep hold of any damaged clothing etc

GWS

 

[2pies]

Good advice. I'll call BC on monday morning, after the police have seen me. Will ALSO ask a colleague who rides a similar route to scout for CCTV

 

[vickster]

Good advice. I'll call BC on monday morning, after the police have seen me. Will ALSO ask a colleague who rides a similar route to scout for CCTV

You can start prepping paperwork, get photos of the incident site / print from Google Earth. Where was the accident?

You'll only need CCTV etc if the driver disputes it. I'm presuming the police took their statement and that from witnesses

Don't expect the claim to resolve very quickly, but don't be tempted to settle until you are fully healed unless you are happy with sums offered

I'm about 2.5 years on from mine and no closer to settlement due to ongoing medical issues. I've had nothing but I've not pushed for payment of losses

 

[GrumpyGregry]

Claim for every penny you are entitled to in law. And don't rest until you get it all. And you are certain you are well.

 

[2pies]

It was on Tower Bridge Road, just south of the river.

Went for another check-up at my local hospital who seemed very uninterested. said theyd get me into the fracture clinic on the 24th may, though the consultant last night said weekly checkups shoud be arranged to ensure that the bone knitss together correctly. will call my gp on monday i guess

 

[Karlt]

How long had the car been in front of you when it turned left? If it's a left hook, overtook then turned, then he's liable. If he just turned without signalling and you ran into the back of him, then he won't be.

 

[vickster]

It was on Tower Bridge Road, just south of the river.

Went for another check-up at my local hospital who seemed very uninterested. said theyd get me into the fracture clinic on the 24th may, though the consultant last night said weekly checkups shoud be arranged to ensure that the bone knitss together correctly. will call my gp on monday i guess

Do you have private healthcare? You could make use of it and then the provider can claim back against the third party

I can suggest an excellent shoulder surgeon at St Anthonys if surgery required

However, with a clavicle you need to wait

@jefmcg can share her experience

 

[2pies]

How long had the car been in front of you when it turned left? If it's a left hook, overtook then turned, then he's liable. If he just turned without signalling and you ran into the back of him, then he won't be.

I cant be sure, it hapened in a flash. thats why i want to speak to police to understand what the witness saw and possibly cctv.

Surely it would be considered reckless driving - mirrors, signal, manoeuvre. didnt do the first two

 

[vickster]

I think if you ran into the back of him regardless of the lack of indication, you might be considered at fault. If he was previously in front as mentioned, this might be considered the case

 

[Venod]

I've had nothing but I've not pushed for payment of losses

I questioned Slater & Gordon why they were not pursuing my claim for bike & clothing, they indicated they usually settle it all together with the injury claim but could ask for a settlement for bike & clothing if I requested.

So I have now being paid out for the bike and clothing to my satisfaction.

 

[vickster]

I have only claimed for tights and helmet, no damage to bike, so £150 max. We were going to try to settle for loss of earnings and some other expenses , but the injury situation is currently unclear so it's on the back burner

 

[Karlt]

I cant be sure, it hapened in a flash. thats why i want to speak to police to understand what the witness saw and possibly cctv.

Surely it would be considered reckless driving - mirrors, signal, manoeuvre. didnt do the first two

Possibly, but that doesn't necessarily mean he'd be liable - criminal and civil law are different animals. Unless he'd only just overtaken and put himself directly in front of you you'd be held to be following too close to react when he suddenly slowed down to turn.

 

[leedsmick]

I was knocked off my vespa in similar circumstances 18 months ago. Shoulder op in Jan and now healing but a long way to go. Be patient and only settle when you are healed.