RTA Procedure?

I've been hit by another motorist not looking where they were going so have spent much of the day in an ambulance/Oldham General. Nothing actually broken, but a lot of bruising and a couple of deep cuts to my legs and a very sore wrist, knee and hip (thankfully no head or abdominal injury). I can barely walk to be honest, I assume due to sprains and muscle stuff. I've been X-Rayed, cleaned up, given a tetanus and some antibiotics etc and I'm back home.

The bike, a £3k Lynskey titanium road job kitted out with Ultegra, looks like a total write off, but I need (somehow!) to pick it up and better assess it as it is currently with someone near the scene. I have a police crime reference and the driver and insurance details etc.

The accident was 100% the driver's fault; it was a roundabout I was going straight across on the major road, a large white van in a minor joining road to my left who was stationary at the point I entered onto the roundabout pulled out at the point I was most of the way across (I was going straight across), I did my best to swerve, which was probably enough that I didn't actually go under the wheels myself. A close call, I feel lucky to have lived through this one to be honest. It would be impossible for him to contest it anyway as he quite simply did not give way to the right, i.e. the basic rule of a roundabout. Exactly the same scenario as last time I was knocked off.

What I want to know is the process from now. What do I actually need to do, e.g. do I contact his insurance company myself or do get myself a lawyer? Last time I dealt with things off-radar, but the stakes were lower then, only about £300 of damage. I am not prepared to take any loss on this one.

Sorry to hear this Tony, hope you recover quickly.

1/ Talk to the CTC, even if you are not a member, they should be able to advise you on who to contact for legal advice.

2/ contact a local high end(ish) bike shop who should be able to collect the bike and give you a quote on putting it right/supplying a replacement etc.

Can't help on the procedure but hope you are OK.

Get a lawyer involved Tony, there seems to be cyclist-friendly Law firms if google is anything to go by. Glad you're OK.

Tony

No expert on this I am afraid as my last bike accident was in Castleton 35 years ago since when I have had hardly rode a bike. Hope you have no lasting damage especially after a visit to Oldham General(my mum spends too much time their sadly).

All the best.

Paul

Just looked at the CTC website and they recommend this lot:

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

Sorry to read this Tony. Hope you're ok and recovery doesn't take too long!

Sorry to hear this Tony,lucky escape by the sound of it. I'd make sure I got photos of the bike at the scene of the collision to stop any nonsense later when claiming for damage.

Sounds terrifying, you seem remarkably calm under the circs, lawyer and some proper compensation would be the route for me, all the best.

Sorry for what happened to you Tony. I'm no expert in something like this, but the number of times I have been assaulted when I did retail security and let my employer deal with it, I may as well not have bothered. The last time I got in touch with a solicitor myself and was well content with the outcome. Given your injuries and the financial damage, I would get in touch with a solicitor first thing tomorrow morning.
The first thing my solicitor did was photograph my injuries, but best take some photos yourself.

Get well soon Tony

Ally

Tony

You need to get a solicitor fast.

Insurance companies do not really care who is at fault, they like to assume it is a genuine accident and the blame is 50/50 and then his insurance and you and your insurers split the costs 50/50.

If you have insurance then fine, contact them and take it from there.

If you have no insurance, then unless he admits full liability (which he won't) you either prove his 100% guilt or pay half the costs or you could end up paying all of his costs.

My Missus was involved in an accident just 3 week ago. An old guy rammed her side on and her doors got dented and she was saved by air bags. The insurance company made it clear, they wanted a knock for knock claim and they had no interest in proving who was at fault.

The estimate for repairing the my car was £11k, his car had about £2k worth of damage. Both insurance companies therefore paid £6.5k which is half of £13K. That is how the system works.

If you are insured, let them do the donkey work, if you are not insured, you need protection.

Regards

Mick

Sorry to hear of your spill Tony and I hope the wounds heal quickly and you make a speedy recovery.

As the Police were involved and a crime reference number issued then presumably the other party will in the fullness of time be prosecuted for due care and attention.

Litigation will be made easier however you really do need a good solicitor, and not one of the ambulance chasing type, to look after your case.

It is not just the damage to you and the bike but the loss of earnings etc, etc so a good solicitor can ensure you not ripped off and don't forget his or her fees are included in the settlement

I had a thought, does your household insurance cover you for legal fees etc?

Lastly be prepared for numerous emails and telephone from the "no win no fee brigade" it never ceases to amaze me how they manage to get hold of you details but they do.

Anyway as the Germans would say "Gute Besserung"

Sorry to hear Tony.
I see a fair number of cyclists for medical examinations after cycle accidents.
There are some decent lawyers advertising at the back of Cycling Weekly.
Alyson France on the Wirral seems good. Slater & Gordon mentioned above are a very big firm and I doubt you will feel like you are getting much of a personal service from them.
Good luck.

Simon

Thats bad news Tony. Sorry to hear this.

I know it hurts but you will heal and the bike is obviously a secondary concern even though it mentally hurts to see it written off. I came off a bike at 5mph and went off in an ambulance to A and E.

If the police were on the scene thats a major bonus and you will have to take the matter up with a solicitor. The police evidence will be good because you have to be aware that the driver and insurance company could contest it when it comes to an insurance claim. You will have to start building up a case with all the evidence and costs of the damage.

Beware of solicitors though because some of them arent up to the job and will just tell you what you want to hear

The sad thing is at every junction you have to assume they havent seen you and are coming for you.

Plenty of rest and the sprains and bruising will heal. Best wishes

Ignore what Mick says re 50/50. That might be true of car on car but has nothing to do with car on bike.

I would certainly take legal advice given your injuries. The value of the bike is the least of it.

What are the Police doing in respect the driver? A conviction for driving without due care or whatever will strengthen any insurance/personal injury claim.

Sorry to read of your misfortune. Wishing you a full and speedy recovery.
I would think a specialist solicitor should provide the best outcome. It is also about any longer term health problems caused by the collision and also covering that angle for the future along with loss of earnings etc etc.
Often legal expenses cover is provided by home insurance so it may be worth a check if it forms part of the policy.
In the mean time witness/ police statements, pictures, logging any time and expenses etc might be advisable.

Thanks folks, I'll phone the CTC recommended lawyers tomorrow. I have no intention of taking any crap on this one so I suspect a good specialist lawyer is a requirement.

It's surprising how may people change their mind the following day about responsibility, get a solicitor as suggested. Glad to hear you're ok, if a little bruised. It could feel worse in the morning, I do hope not.

Just out of curiosity, who gets pinkfishmedia.net in the event of a casualty?

deanf said:

Just out of curiosity, who gets pinkfishmedia.net in the event of a casualty?

Click to expand...

The plan, though admittedly it is half-baked at present, is it gets handed over to itself initially in the custody of the mod team (or my cat) and with sufficient financial assets to keep it running for a very long while (not that this is needed as it runs at a comfortable profit).

Sorry to hear about your accident Tony; I hope it all works out for you & that you make a speedy recovery.

Many years ago, I was riding my bike to work and was knocked down at a roundabout. A car was towing another and the rope broke causing the car to shoot forward straight into my path.