Commuting incident and advice needed

[richie_b]

Hi all

This is my first post for quite some time.  I have been more off bike than on for a long time and haven't really been on fora....  (So long, in fact, that I had to re-register my account)

Anyhow, have been back cycling properly and getting decently fit for the first time in ages, which was great: until this morning.  When a transit driver decided to drive through my back wheel.  I'm moderately injured (nothing that won't heal in a couple of months, mind), but my bike is quite broken.
I will need to make an insurance claim on the driver's insurance for bike things, but I have no idea how to go about this.  I have his details, but do I start with the Police?  Or something else?
I normally injure myself through my own stupids & this is the first time a driver has made contact with me, so I have absolutely no idea.
If the good cyclists of this parish could offer their wisdom on this matter, I'd be exceptionally grateful.

[Wobbly John]

Road traffic act 1988 requires the collision reporting to police if there was injury or damage  - some areas such as the Met have a self reporting form.

As I understand it, both parties should report the collision.

[Pickled Onion]

I have his details, but do I start with the Police?  Or something else?

Yes, and yes.

Start with the police, as soon as possible. KEEP A COPY OF EVERYTHING YOU GIVE THEM OR TELL THEM.

Next, phone the CTC, whether you're a member or not. You should be referred to the legal co. they use, who will guide you through all the other things you need to do. (If not a member you will need to join at this point.)

[richie_b]

Hi

Thanks for getting back so promptly.

Police report made.  They are calling back, so will contact CTC straight after that.

Cheers, I knew you guys would give good advice & pain medication rarely helps think things through carefully!

Thanks!

[tom_e]

Next, phone the CTC, whether you're a member or not. You should be referred to the legal co. they use, who will guide you through all the other things you need to do. (If not a member you will need to join at this point.)

The company they use (or certainly did use) is this one:

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

You don't need to go via the CTC, you can contact them direct and they will assess the likelihood of winning and offer to take it or not on that basis.  Other cycle injury ambulance chasing campanies also exist (there was one representative giving helpful notes on this forum at one point).  If you are already a member of the CTC then you have legal insurance to cover you slightly better if the claim is potentially marginal I believe.  But I don't think joining at this point will help in this claim - you need insurance in place before an incident, not afterwards, to have cover!

[alexb]

This thread pretty comprehensively covers all the bases.

Keep receipts for everything, including all use of public transport.
Check with the company you work for and see if they can provide you with legal assistance.

Bad luck!

[hellymedic]

Sorry to hear of your crash; heal well and fast!
Make sure you list all the expenses you incur as a result of this collision:
Fares
Repairs to bike
Damaged clothing
Cancelled social events
Time off work etc
Don't be tempted to settle too soon; some injuries take a while to surface.
Get both your self and your bike checked by a professional. Document everything.
If you can take photos, even better!

[Wobbly John]

This thread pretty comprehensively covers all the bases.

...apart from; GWS. 

[Ham]

The other option is if you have legal expenses cover in your home insurance, you will have the option to work through them as well, their perspective will be slightly different in that the likelihood of success is not the ultimate motivating factor, but just another choice in reality.

GWS, too

[richie_b]

Once again, thank you all for the advice.
A number of things that I hadn't thought about there.  I'm waiting on a call back from a solicitors & will start a list of broken things.  Including my beloved Timbuk2 bag 
Then off to take photos of my poorly bike....

TY!

[tiermat]

One thing I would add, and I know I am far too late for this, is make sure the polis are involved from the start.

As mentioned above, the RTA says that any accident where a person is injured must be reported.  From experience (of car accidents, mind, not bike), calling 101 and reporting it whilst you are on the scene is always a good idea.  It prevents any accusations of "you can't be that badly injured, you didn't call the police" kind and also prevents you getting an irate phone call from the police later (like I did, once).

[Regulator]

Be prepared for the driver to lie about what happened.  Were there any witnesses and, if so, did you get their details?

If the insurers agree to pay up, don't take the first offer - you only get one bite of the apple with personal injury.  Take the advice of the solicitors.

Get the bike checked over by the LBS and get them to produce an itemised list of costs to replace everything.

[hellymedic]

Welcome back to yacf, by the way!

[caerau]

I'm claiming with Slaters and Gordon and the moment - they are very good so far.  Let us know how you get on.


And sorry to hear about your incident.   

[richie_b]

A quick update.
Just had a phone call from the Police to say that the driver is being charged with Careless Driving.  They've moved really fast on this, so quite surprised.
& awaiting call back from Slater & Gordon.  Living up in Scotland means there's only one office to cover all of us...

Thanks once again for the advice and kind words.  I was in quite a state yesterday, so the calm and sound advice was hugely valued.

[Peter]

Good luck, Richie.

[David Martin]

Scotland may mean you get delegated to a Scottish Solicitor. The one that acts for BC were very good. After the usual process they handed the case onto their 'terrier' who was excellent - she got me a very satisfactory settlement.

Police Scotland moving quickly? My goodness, what is the world coming to.

[Biggsy]

See your GP to get the injuries officially recorded, even if you don't think you're hurt enough to need a doctor at all.  Photograph any cuts and bruises as well.  You can claim for personal injury in addition to expenses, which includes pain and suffering, physical and mental.

(I've been there and done that)

[David Martin]

If you are referrred to Digby Brown, they will get you a medical checkup anyway.

[Biggsy]

A private medical may take a long time to be arranged (months in my case), whereas you can see your GP within days - especially useful if there are visible injuries.

[hellymedic]

If there are visible injuries, get them photographed and dated.
Bruises fade fast!

[caerau]

A private medical may take a long time to be arranged (months in my case), whereas you can see your GP within days - especially useful if there are visible injuries.

Yes in my claim I'm required to see a doctor but the date is not until end of July which will be nearly three months after the incident - seems rather pointless to me now to be honest but I guess for longer term injuries this would be more important.  I did get everything carefully documented following the incident itself though.  It still rather staggers me that a contusion of my thigh that was so bad as to put me on crutches for more than week led to absolutely no bruising whatsoever - I can't help thinking this will harm my claim.


The police have only charged the driver on my incident with driving without due care and attention (according to the police officer dealing with it - I though this charge didn't exist anymore :-/) despite his velocity being so high as to demolish a wall, his car and fling another one several feet into the air and across the road.
on that basis alone, I'm rather viewing my claim as improved punishment for the the moron more than anything else.