Taken Off bike by a car - What steps should i take for bike replacement/repair?

[CopperCyclist]

I have tried contacting my doctors but the line is continuously busy, I had a look on the website and It states that appointments must be made to see the doctor; so I was thinking is thee Walk-in center a good option, as i really don't want to go to hospital.
As for myself I have stiffened up finding it much hard to move.

Ring 111 and ask them for advice.

If they think you need an emergency appointment at the GPs they can book it for you. Rang for my little one once and they booked her an appointment in the next 30 minutes!

Equally, they may well say "go to a wall walk in centre" or "go to A&E", but at least you get professional advice that is recorded too.

 

[cutler26]

Ring 111 and ask them for advice.

If they think you need an emergency appointment at the GPs they can book it for you. Rang for my little one once and they booked her an appointment in the next 30 minutes!

Equally, they may well say "go to a wall walk in centre" or "go to A&E", but at least you get professional advice that is recorded too.

Will do, thanks for the input.

 

[Pale Rider]

The car driver sounds reasonable, but that's fine until the lying starts after the event.

He's admitted liability at the scene, with a couple of coppers hanging around, but his stance and story may change in the coming days.

No harm in giving him one chance to make good your damage, but if he prevaricates even in the slightest, I would claim direct from his insurance company.

It's a fairly straightforward process.

If you don't have his insurance details, you can obtain them from the askMID website for a small fee.

 

[w00hoo_kent]

No harm in giving him one chance to make good your damage, but if he prevaricates even in the slightest, I would claim direct from his insurance company.

Yup, get your injuries sorted out, but definitely talk to the car driver and see where he stands now that he has had time to think about it, talk to his mates (who will probably be convincing him it's 50/50 and telling him not to pay anything he doesn't need to) and generally calm down from his side of the incident. The thing is, if you have been badly injured, and with your ankle situation it's a possible, then you might be looking at physio and more to sort this out. The second personal injury comes in to it it's no longer a case of 'chuck me a couple of hundred and we're sorted' and you'll be in to insurance territory whatever. Even if personal injury isn't a thing, he might be thinking 'it's a bike, it'll be twenty or thirty quid to fix' while the bike shop start talking new frames or whatever. With a Carrera I'm guessing replacing the bike becomes economically sensible quite quickly down the line anyway (but I could be doing the brand an injustice price wise.)

It definitely sounds like you need to get an X-ray sorted to be sure of what has or hasn't happened though. Based on what you've said on here I'd be a bit surprised if that wasn't high up the list. You might be doing yourself a favour getting to the hospital sooner rather than later.

 

[vickster]

The car driver sounds reasonable, but that's fine until the lying starts after the event.

He's admitted liability at the scene, with a couple of coppers hanging around, but his stance and story may change in the coming days.

No harm in giving him one chance to make good your damage, but if he prevaricates even in the slightest, I would claim direct from his insurance company.

It's a fairly straightforward process.

If you don't have his insurance details, you can obtain them from the askMID website for a small fee.

I believe that as he was injured, he has to provide those details by law at no cost to the injured party

I wouldn't even start down the cash in hand route, too much aggro, prefer to sort through an insurance company. The police statement should remove any doubt of fault

 

[Pale Rider]

I believe that as he was injured, he has to provide those details by law at no cost to the injured party

I wouldn't even start down the cash in hand route, too much aggro, prefer to sort through an insurance company. The police statement should remove any doubt of fault

The OP was talking about taking a cash settlement for the bike from the driver.

It is an attractive proposition if he's prepared to cough up on the nail.

I believe nothing is lost by giving him that one chance.

That also appears to be what the OP agreed at the roadside.

Were I the driver and a reasonable man, I might be a bit miffed if an insurance claim landed when I had previously agreed to make good the damage with the cyclist.

 

[w00hoo_kent]

Were I the driver and a reasonable man, I might be a bit miffed if an insurance claim landed when I had previously agreed to make good the damage with the cyclist.

It really depends on the claim and there is the problem that agreeing without sufficient information can be an issue.

I agree, I had a car drive in to the back of my car, agreed to sort it out cash at the time, contacted the driver the following day and he insisted through insurance. Cost me loads of hassle, wasn't really compensated for all the extra faffing about (getting quotes etc.) for what would have been a £100 issue. But, it's his right to ask to do it that way, I'd guess someone told him sorting it through insurance would cover all eventualities while doing it cash in hand might leave him open to further problems. No idea.

At the end of the day, I'd say it'd make sense for us to suggest what works best for @cutler26 and if that leaves the car driver a bit grumpy then so be it. Pay more attention next time. I'd not be a nobber about it, if you're going through his insurance, tell him. No point surprising him with it. If I hit someone and they mentioned personal injury, I'd be handing over my insurance details in a shot.

 

[vickster]

I wouldn't wish to be held to what I said at the roadside having been knocked off my bike at speed and injured including a bang to the head. This is why the advice is to say little and commit to nothing

I too said to the driver (indeed the day after when he called to see if my leg was broken as had been suspected at the scene) that at that point I didn't intend on making a PI claim.
But that was before I needed surgery, was about £2k out of pocket due to not being paid while I recovered from the accident and subsequent surgery, needed countless sessions of physio (Bupa are seeking redress too as they are significantly more out of pocket than me)

It's why drivers have to have 3rd party insurance by law. His insurance company also requires him to tell them he's been involved in a collision regardless of circumstance or fault if he thinks paying out of pocket negates that responsibility (I am not saying that is the case and he may well have told his insurers, not least as presumably there was also significant damage to the car in the collision). I never told the driver that I would be pursuing a claim, left that to my solicitor and his insurance company. I was advised not to engage with him directly

I'm sure the OP will decide what is best, but he did ask for advice. He needs to get his ouchy bits checked over first as a priority

 

[classic33]

If he'd settled last night at the roadside that would legally be it over with.
No further claim could be made against the driver(or the owner) if it was found out later that repairs alone, were more than what were initially thought.

 

[cutler26]

I haven't made any deals with the driver at all; in fact the only contact I have had from him is when he came rushing over, apologizing and giving full admittance. Whilst i was in the ambulance when the police arrived, he again gave full admittance to the police and stated that he had failed to see me.
If i was to claim for damages to my bike for a replacement to be issued or for my bike to be repaired, how would i go about that? Would i contact his insurance are do i get help in the form of a solicitor?
This is my first claim and i have no clue how the system works.

 

[Pale Rider]

I haven't made any deals with the driver at all; in fact the only contact I have had from him is when he came rushing over, apologizing and giving full admittance. Whilst i was in the ambulance when the police arrived, he again gave full admittance to the police and stated that he had failed to see me.
If i was to claim for damages to my bike for a replacement to be issued or for my bike to be repaired, how would i go about that? Would i contact his insurance are do i get help in the form of a solicitor?
This is my first claim and i have no clue how the system works.

Tap his car reg into askMID - you tick the 'injured party' box because that's what you are.

This gives you his insurance company details.

You then contact their claims department explaining you wish to make a claim against their insured.

The person you speak to, if he/she has worked there for more than a week, will have dealt with many similar inquiries.

http://www.askmid.com/askmidenquiry.aspx

 

[steveindenmark]

Ask you can see its a minefield of advice.

My advice is get professional legal advice as soon as possible.

 

[si_c]

Sorry to hear about your injuries I'd reiterate that it's probably a good idea to seek professional legal advice. It might be worth speaking to Slater and Gordon, who provide legal cover for CTC members, they offer no-win no fee style claims for non members too.

https://www.slatergordon.co.uk/personal-injury/cycling/

There are of course others, but its a starting point. Any decent lawyer should liase with the driver's insurance company for you, so you don't have to. Given that your bike has suffered damage and his car is damaged, it's likely he will be going through his insurers anyway as his repairs will probably cost more than his excess.

Hope you are feeling better soon, and glad you are seeking a professional opinion on your injuries too. Personally I'd have taken the opportunity to go with the ambulance to hospital, better safe than sorry.

 

[w00hoo_kent]

Personally I'd have taken the opportunity to go with the ambulance to hospital, better safe than sorry.

I like to think that I would, but in my heart of hearts I know I'd probably not have bothered. Then my wife would have sent me when I got home...

 

[si_c]

I like to think that I would, but in my heart of hearts I know I'd probably not have bothered. Then my wife would have sent me when I got home...

I always want to brazen it out and try not to look too much like a wimp, but the reality is my wife scares me sometimes and she shouts if I act like an idiot....