Cyclist hit by a car. What next?

Cyclist hit by a car. What next?

Author
Discussion

Ponk

Original Poster:

1,380 posts

192 months

Thursday 11th December 2014
quotequote all
Evening,

I'm after a little help please. Whilst cycling home the other night I was hit by a car pulling out of a side road across my path. I was well lit and he failed to stop at a blind junction so I think it's clear cut! The chap was apologetic, stopped and gave me his card so I could get in touch once I'd dusted myself off and checked the bike over.

I appear to have got out of it unscathed but the bike will need some TLC to put right. I was intending to give him a call and suggest we settle this without involving his insurance company if he is agreeable. I expect the repair costs will be £100-£200 or thereabouts. Certainly lower than most excesses.

Is this wise, or should I be leaving this to the insurance company? The chap is a fellow petrol head (lovely 981Cayman) and I'd rather resolve this amicably for both of us if possible. At the same time though I don't want to prejudice my position by approaching this the wrong way.

Any help appreciated!

John145

2,447 posts

156 months

Thursday 11th December 2014
quotequote all
Can't see any value from what you've said in involving insurance companies.

I'd suggest that you text him to tell him that the bike is being repaired and will cost ~£200, let him have your bank details and when the cash arrives move on.

TVR1

5,463 posts

225 months

Thursday 11th December 2014
quotequote all
I'd simply give him the choice. His call. It's going to cost you nothing if he starts fumbling about paying for the damage.

Playing Devils advocate for a moment......


You say he pulled out of a blind junction? Therefore, no matter that you had lights on, he would have no chance of seeing you.

However, he was driving carefully and slowly- otherwise you would have sustained injury.

You on the otherhand, knew the blind junction was there and must have seen his lights, so why didnt you anticipate that he may pull out?

Lastly, what was the nature of the damage? If he hit you broadside, you where very lucky not to sustain injury. Only the bike was damaged, therefore did you run into the side of him when he pulled out?

Sounds to me that no one really at fault but cycling at night in the winter, no matter how well lit up, is fraught with danger. you really can't be seen sometimes. A bit of defensive cycling perhaps? Assume the driver hasn't seen you.

Hope the bike is fixed though. thumbup

Ponk

Original Poster:

1,380 posts

192 months

Thursday 11th December 2014
quotequote all

I don't really want to get into this, but I was riding defensively, especially after clocking his lights approaching the main road faster than is usual for that junction. Had I been on the left of the road rather than the centre (which is where I moved to) I would have gone clean over the bonnet. The junction is not completely blind but there's a large tree that obscures the view as you drive up. Not a problem if you stop but he attempted to look whilst rolling out of the junction.

As it was I managed to jink right and take the hit from his near side front corner on my left leg/rear wheel and ride through it. The junction is on a diagonal so he was already at 45 degrees to me when he hit me. I've no idea how I managed to stay upright to be honest!

Thanks for the advice so for chaps. smile I think I'll give him a call tomorrow.

Nigel Worc's

8,121 posts

188 months

Thursday 11th December 2014
quotequote all
Ponk said:
Hindsight is a wonderful thing!

I don't really want to get into this, but I was riding defensively, especially after clocking his lights approaching the main road faster than is usual for that junction. Had I been on the left of the road rather than the centre (which is where I moved to) I would have gone clean over the bonnet. The junction is not completely blind but there's a large tree that obscures the view as you drive up. Not a problem if you stop but he attempted to look whilst rolling out of the junction.

As it was I managed to jink right and take the hit from his near side front corner on my left leg/rear wheel and ride through it. The junction is on a diagonal so he was already at 45 degrees to me when he hit me. I've no idea how I managed to stay upright to be honest!

Thanks for the advice so for chaps. smile I think I'll give him a call tomorrow.
Indeed, give him a call, you both sound like decent people, st happens sometimes, glad you aren't hurt.

dacouch

1,172 posts

129 months

Friday 12th December 2014
quotequote all
TVR1 said:
I'd simply give him the choice. His call. It's going to cost you nothing if he starts fumbling about paying for the damage.

Playing Devils advocate for a moment......


You say he pulled out of a blind junction? Therefore, no matter that you had lights on, he would have no chance of seeing you.

However, he was driving carefully and slowly- otherwise you would have sustained injury.

You on the otherhand, knew the blind junction was there and must have seen his lights, so why didnt you anticipate that he may pull out?

Lastly, what was the nature of the damage? If he hit you broadside, you where very lucky not to sustain injury. Only the bike was damaged, therefore did you run into the side of him when he pulled out?

Sounds to me that no one really at fault but cycling at night in the winter, no matter how well lit up, is fraught with danger. you really can't be seen sometimes. A bit of defensive cycling perhaps? Assume the driver hasn't seen you.

Hope the bike is fixed though. thumbup
The car pulled out from a side road, any way you look at it will always be the car's fault, suggesting otherwise is incredibly far fetched.

gazza285

9,810 posts

208 months

Friday 12th December 2014
quotequote all
dacouch said:
TVR1 said:
I'd simply give him the choice. His call. It's going to cost you nothing if he starts fumbling about paying for the damage.

Playing Devils advocate for a moment......


You say he pulled out of a blind junction? Therefore, no matter that you had lights on, he would have no chance of seeing you.

However, he was driving carefully and slowly- otherwise you would have sustained injury.

You on the otherhand, knew the blind junction was there and must have seen his lights, so why didnt you anticipate that he may pull out?

Lastly, what was the nature of the damage? If he hit you broadside, you where very lucky not to sustain injury. Only the bike was damaged, therefore did you run into the side of him when he pulled out?

Sounds to me that no one really at fault but cycling at night in the winter, no matter how well lit up, is fraught with danger. you really can't be seen sometimes. A bit of defensive cycling perhaps? Assume the driver hasn't seen you.

Hope the bike is fixed though. thumbup
The car pulled out from a side road, any way you look at it will always be the car's fault, suggesting otherwise is incredibly far fetched.
But, but, because cyclist! They all get what they deserve.

Dammit

3,790 posts

208 months

Friday 12th December 2014
quotequote all
Report it to 101 in order to get the reference number and log the prang - if for whatever reason the chap decides he does want to go via his insurance company you'll need the reference number and it's best to get the report in whilst it's all fresh in your mind.

Take the bike to a shop you trust, that you have had work done by before which you were happy with.

Get them to strip it and check the frame alignment, both wheels etc - most places will charge around £100-£150 for this, add that onto the chaps bill.

Often you won't find issues that will ultimately cause the frame to crack and fail further down the road - sometimes with very serious results.

My girlfriend was waiting at a zebra crossing when a taxi drove straight into the back of her the other day, crushed the rear wheel as he knocked her to the ground - he wanted to avoid his insurance initially, then when the quote came back for the wheel (£700) he changed his mind.

Pit Pony

8,546 posts

121 months

Friday 12th December 2014
quotequote all
TVR1 said:
I'd simply give him the choice. His call. It's going to cost you nothing if he starts fumbling about paying for the damage.

Playing Devils advocate for a moment......


You say he pulled out of a blind junction? Therefore, no matter that you had lights on, he would have no chance of seeing you.

However, he was driving carefully and slowly- otherwise you would have sustained injury.

You on the otherhand, knew the blind junction was there and must have seen his lights, so why didnt you anticipate that he may pull out?

Lastly, what was the nature of the damage? If he hit you broadside, you where very lucky not to sustain injury. Only the bike was damaged, therefore did you run into the side of him when he pulled out?

Sounds to me that no one really at fault but cycling at night in the winter, no matter how well lit up, is fraught with danger. you really can't be seen sometimes. A bit of defensive cycling perhaps? Assume the driver hasn't seen you.

Hope the bike is fixed though. thumbup
This is what I keep telling my son. It's no use being RIGHT and DEAD.

He was hit by a driver the other week. My retrospective advice to him was STAY on the ground, groaning, clutching your ribs, get an ambulance (and a police car) to attend, go to hospital, and be checked out for injuries to your head. Head injuries can kill 24 hours after impact, and drivers (like me) need to know the pain of their failure to take care.
I'm not suggesting faking an injury claim, but he had cuts and bruises on his legs and hands (his gloves did help reduce the cuts, but were totally shredded), and was in pain for a week or so. He thought £85, for a new wheel, new jeans, and new gloves, was fair.
I'd be using a Taxi to work for a week, putting in a claim for the pain and blood, and having my bike fixed by a professional, not spending 2 evenings fixing it myself.

pork911

7,136 posts

183 months

Friday 12th December 2014
quotequote all
TVR1 said:
Sounds to me that no one really at fault
huh?


anyway OP do you have his details including registration number?

iandc

3,717 posts

206 months

Friday 12th December 2014
quotequote all
Pit Pony said:
This is what I keep telling my son. It's no use being RIGHT and DEAD.

He was hit by a driver the other week. My retrospective advice to him was STAY on the ground, groaning, clutching your ribs, get an ambulance (and a police car) to attend, go to hospital, and be checked out for injuries to your head. Head injuries can kill 24 hours after impact, and drivers (like me) need to know the pain of their failure to take care.
I'm not suggesting faking an injury claim, but he had cuts and bruises on his legs and hands (his gloves did help reduce the cuts, but were totally shredded), and was in pain for a week or so. He thought £85, for a new wheel, new jeans, and new gloves, was fair.
I'd be using a Taxi to work for a week, putting in a claim for the pain and blood, and having my bike fixed by a professional, not spending 2 evenings fixing it myself.
Yes you are! The OP is being honest and just asking for advice. You are suggesting he invents injuries. How about whiplash claim then. Get more money that way as difficult to prove!!

BobSaunders

3,033 posts

155 months

Friday 12th December 2014
quotequote all
Get a quote from a reputable high street bike store, call the guy with the quote to fix, discuss and agree cost to fix the bike.

Getting the police involved is just going to draw everything out, and the guy made a honest mistake - he wouldn't have given you his card.

Give him the right to respond amicably without the police or insurance - it's what i would want. If it gets out of hand then involve the police and insurance etc.

I suspect other cyclists would want you to throw the book at him, but the guy has made a mistake - the majority of us roll out of junctions instead of stopping - it's a lazy driving style.

Good luck OP, and hopefully you make the right choice.

TwigtheWonderkid

43,347 posts

150 months

Friday 12th December 2014
quotequote all
Ponk said:
I expect the repair costs will be £100-£200 or thereabouts. Certainly lower than most excesses.
His excess won't apply because yours is a third party claim, and the excess is only for the driver's own damage. So his insurers would pay you in full and he wouldn't have to pay anything. May effect his ncb/future premiums though.

dingg

3,985 posts

219 months

Friday 12th December 2014
quotequote all
Pit Pony said:
This is what I keep telling my son. It's no use being RIGHT and DEAD.

He was hit by a driver the other week. My retrospective advice to him was STAY on the ground, groaning, clutching your ribs, get an ambulance (and a police car) to attend, go to hospital, and be checked out for injuries to your head. Head injuries can kill 24 hours after impact, and drivers (like me) need to know the pain of their failure to take care.
I'm not suggesting faking an injury claim, but he had cuts and bruises on his legs and hands (his gloves did help reduce the cuts, but were totally shredded), and was in pain for a week or so. He thought £85, for a new wheel, new jeans, and new gloves, was fair.
I'd be using a Taxi to work for a week, putting in a claim for the pain and blood, and having my bike fixed by a professional, not spending 2 evenings fixing it myself.
your Son sounds a decent chap

you on the other hand redcard

BertBert

19,035 posts

211 months

Friday 12th December 2014
quotequote all
Dammit said:
Report it to 101 in order to get the reference number and log the prang - if for whatever reason the chap decides he does want to go via his insurance company you'll need the reference number
Why do you think that?
Bert

WinstonWolf

72,857 posts

239 months

Friday 12th December 2014
quotequote all
TVR1 said:
I'd simply give him the choice. His call. It's going to cost you nothing if he starts fumbling about paying for the damage.

Playing Devils advocate for a moment......


You say he pulled out of a blind junction? Therefore, no matter that you had lights on, he would have no chance of seeing you.

However, he was driving carefully and slowly- otherwise you would have sustained injury.

You on the otherhand, knew the blind junction was there and must have seen his lights, so why didnt you anticipate that he may pull out?

Lastly, what was the nature of the damage? If he hit you broadside, you where very lucky not to sustain injury. Only the bike was damaged, therefore did you run into the side of him when he pulled out?

Sounds to me that no one really at fault but cycling at night in the winter, no matter how well lit up, is fraught with danger. you really can't be seen sometimes. A bit of defensive cycling perhaps? Assume the driver hasn't seen you.

Hope the bike is fixed though. thumbup
That's not playing Devil's advocate, that's making yourself sound like a 'tard...

shandyboy

472 posts

154 months

Friday 12th December 2014
quotequote all
I know this is PH but blaming the person hit..?

Anyway, I had a similar thing many years ago - cycling along a main road with good lights and reflective clothing etc, car didn't stop at a junction and crept forward into my side (nowhere for me to go) - hit my ankle and rear of the bike.

His first words were "Haven't you got lights on?!" so I showed him my very bright lights and he became a bit more apologetic - he'd been looking down the road for cars to see if he could nip out.

I went on my way and it was only when I got home that I noticed my ankle was actually quite painful and the back wheel was now a bit wobbly. My other half phoned the non-emergency number and a policeman came around shortly after to take details. Unfortunately I didn't get the number plate and the policeman says because of the driving standard and attitude he'd definitely have been done with dwdca.

If the guy that hit you was apologetic and good enough to give you his card (and not try and blame you like some of the muppets on here), then I'd give him the chance to put things right and not involve the law, but if they mess you about, they need to know that randomly hitting other people on the road isn't on.

Pit Pony

8,546 posts

121 months

Friday 12th December 2014
quotequote all
dingg said:
Pit Pony said:
This is what I keep telling my son. It's no use being RIGHT and DEAD.

He was hit by a driver the other week. My retrospective advice to him was STAY on the ground, groaning, clutching your ribs, get an ambulance (and a police car) to attend, go to hospital, and be checked out for injuries to your head. Head injuries can kill 24 hours after impact, and drivers (like me) need to know the pain of their failure to take care.
I'm not suggesting faking an injury claim, but he had cuts and bruises on his legs and hands (his gloves did help reduce the cuts, but were totally shredded), and was in pain for a week or so. He thought £85, for a new wheel, new jeans, and new gloves, was fair.
I'd be using a Taxi to work for a week, putting in a claim for the pain and blood, and having my bike fixed by a professional, not spending 2 evenings fixing it myself.
your Son sounds a decent chap

you on the other hand redcard
Yeah, I'm a such a tt, that's why I drove to London, with my bike on the back of the car, so he'd be able to get to work whilst he waited for the money so he could fix his bike, and why I'm without a bike. That's why I gave him my best gloves, and put iodine on his cuts for him and took him out for a decent meal as he looked decidedly peaky. and that's why I'm out of pocket and the driver has got off lightly. Yeah a proper tt.


Dammit

3,790 posts

208 months

Friday 12th December 2014
quotequote all
BertBert said:
Why do you think that?
Bert
About the reference number? Not sure what you are asking to be honest.

In terms of logging the crash that needs to happen, otherwise the collision data used to make pretty fundamental policy decisions is inaccurate.

Also, the chap would seem to be being cooperative now, but if the frame is bent and the bill suddenly gets into the thousands he may change his tune.

So - best practice, really.

If he's happy to make everything good then great, of course - and it won't hurt the chap in the car if you log the collision with 101.




Pit Pony

8,546 posts

121 months

Friday 12th December 2014
quotequote all
iandc said:
Yes you are! The OP is being honest and just asking for advice. You are suggesting he invents injuries. How about whiplash claim then. Get more money that way as difficult to prove!!
I am saying GO to hospital, and get checked over, if you have banged your head on the floor even lightly, and if you have any cuts or bruises then you'll be in pain for a few days. At the scene with adrenaline flowing you'll feel fine. Hence Stay on the floor and wait for an ambulance.