Knocked off my bike. Any advice on claims firms, etc?

[yellowjack]

As per title really.

I was knocked off my bike by a van at a roundabout on Monday 3rd February. I was already on a clear roundabout, the van approached from my left (first exit for me) and failed to see me, entered the roundabout I was already occupying, and struck me full square on my left side.

Net result? A trip through the air (10 to 20 feet high, depending which witness account you believe) ending up face down on the roundabout for ages while first an off-duty paramedic, then the Air Ambulance doctor, then a regular Ambulance crew took care of me.

Police also in attendance (in some numbers, I'm told) but all of this was a bit of a blur for me as I was not permitted to move at all and therefore couldn't see what was going on. The cops got the driver's details and last I heard were looking at a DWDCAA charge for the van driver. There is also some CCTV footage from a local council camera, but I've no idea how much use this will be (Police had not viewed it when I last spoke to them, and quality may not be brilliant).

Accident happened around 2.30pm, and following scans/tests/x-rays etc, I was released from A&E at about 10pm. I got "the full works" because there was a very real concern that I might have internal injuries (bleeding/spleen etc) or spinal damage, hence why most of the time I was taped to some foam blocks on a spinal board.
The 'headline' injury is a broken shoulder blade, but there's also lots of gravel rash and bruising, along with severe pain which I reckon is muscular in nature. I suppose I could consider myself 'lucky' as things really could have turned out a lot worse.

The bike doesn't appear too bad from my (very brief) look at it (my body took the brunt of the hit), but I'm worried about it's structural integrity following a heavy side impact, and I reckon it probably needs replacing to be safe. (Aluminium welded frame/carbon fibre forks).

The question really is...

...Does anyone on here have anything useful to add in terms of advice/experience of accidents/claims processes?

I've not done anything like this before, and having done a bit of 'googling' for cycling accident advice, my head is spinning with all the different claims companies out there. Does anyone have one they'd recommend? Or are there companies to be avoided?

Should I get a solicitor/claim firm involved at all? Would it be advisable to deal with the driver's insurer direct? If I go in without legal help, do I risk getting bullied/ripped off?

I don't really fancy the 'No Win, No Fee' mob, it feels too much like feeding the sharks, but ultimately, I'm unemployed, and need to make sure I get my bike/kit repaired or replaced without leaving me out of pocket, and I actually feel that, since I didn't do anything wrong, I deserve a bit of compensation for the pain/injuries caused, and I'm also acutely aware that I won't really be in a position to take on employment until this shoulder of mine heals (if indeed it does heal).

Any recommendations for 'good guys' who can help with a claim, or just good solid advice, will be much appreciated. I'm feeling a little bit lost to be honest, and need advice on how to proceed from here.



I thought I'd be absolutely raging about this, but I'm feeling strangely emotionless and detached from it all right now. It may be the painkillers I'm taking, but I can't even summon the effort to be angry with the driver. It wouldn't solve the problem anyway, so I'll just hope the Police take that to it's logical conclusion really. I just want the situation fixed with regard to my recovery, and replacement of my losses.

[walm]

Horrible. I hope you heal up soon. Very glad it wasn't more serious.

I used to be a member of CTC and they are affiliated with these guys:
http://www.slatergordon.co.uk/unions-federations-a...
You don't have to be a member.

Also, I have heard very good things about this post:
http://www.thecyclingsolicitor.blogspot.co.uk/p/wh...
and this guy has helped other LFGSS forum members:
http://www.thecyclingsolicitor.blogspot.co.uk/

Lastly, if you have legal cover from various insurance policies then it might be worth contacting them, but personally I would go with a cycling specialist.

Good luck.

[anonymous-user]

Hope you are ok, take it easy and relax.

there are loads of cycling solicitors advertised in the back of cycling magazines.They should have very good experience of similar claims. Here are two from cycling weekly, obviously you can search for reviews etc online.
Www.cycle-claims.co.uk
Www.bikeline.co.uk

[Sortie 10]

Slater Gordon looked after me quite well & got a fair result - for the nature of the claim it was not excessive (it is equitable to seek damages & compo for pain/suffering and for out of pocket expenses, damage to bike, clothing etc but wrong IMHO to receive a sum to retire on), and they have the experience of being linked to the CTC so know what is reasonable to accept on the basis of other claims they have made. Furthermore when the crunch came & I accepted the defence's offer a cheque arrived within days. Only slight irritation is that they agreed to let me have a CD with the images of my X-rays & MRI scans gratis, and this is still awaited 5 or 6 months after the cheque was paid.
By all means PM me for my contact at Slaters & any advice you want about handling them - whilst the claim has been settled I don't want to go public on the interweb.

[Johnny]

Sorry to hear about the accident

Hope you heal up soon.

Are you a member of British Cycling? They were great when I had an accident in July, put me in touch with a solicitor etc.

[Fourmotion]

Ouch, hope you mend quickly, and it doesn't put you off riding.

Apologies but I can't help on solicitor front.

Did the driver at least stop your Garmin? (too soon?)

[AyBee]

Fourmotion said:

Did the driver at least stop your Garmin? (too soon?)

You jest...when I had quite a big accident, the first thing I did was ask my mate to turn Strava off on my phone while I was lying in a ditch unable to move Helped to be able to work out what speed I was doing when I crashed

[TheLemming]

AyBee said:

You jest...when I had quite a big accident, the first thing I did was ask my mate to turn Strava off on my phone while I was lying in a ditch unable to move Helped to be able to work out what speed I was doing when I crashed

After my big pre-xmas crash the garmin wasn't stopped till I got home. Still had everything recorded, the point where I crashed was fairly obvious! :-)

[yellowjack]

Thanks for the replies so far chaps. I'm still at a loss as to how to proceed, and so I'm going to have to really set about it in the next few days. Anyone else got anything they'd like to add? If not, it looks like I've got a shortlist of likely candidates to contact...

Fourmotion said:

...Did the driver at least stop your Garmin? (too soon?)

Not too soon. My sense of humour wasn't damaged in the collision, although my response time with 'witty' replies is somewhat dulled by the multiple analgesics I'm currently taking.

To answer the question. No. The Garmin recorded the whole way through to the bike getting home in the back of a Police van. When I uploaded the trace a week or so later, I was in an unbeatable KOM position on every segment the van passed through on the way home, but Strava quickly flagged the ride and I cropped it to include just the bit I actually rode, and the immediate aftermath of the collision.

Here... http://www.strava.com/activities/112138619 ...is the trace for the ride, for anyone interested.

[Kell]

A frined of mine was knocked off (quite badly) and hospitalised for a time.

I've just asked him who he used (and if he'd recommend them) and his solicitor was Simon A Holt & Co.

http://www.simonaholt.co.uk/

The actual solicitor he used was Caroline Marchbank-Caunce:


http://www.simonaholt.co.uk/site/people/profile/cc...

He said he got a new bike no problems, and for loss of earnings and compensation received about £12,500.

If you wanted to chat to him in person, he's said he's more than willing to talk to you. Send me a message if you want his number.

Kell

[Kell]

Here's the article about him getting knocked off.

http://www.guardian-series.co.uk/news/10085113.Cyc...

[yellowjack]

Kell said:

Here's the article about him getting knocked off.

http://www.guardian-series.co.uk/news/10085113.Cyc...

Oooof

I hope he's alright now! I seem to have been quite lucky in so far as my injuries weren't life threatening, despite the fact that the medics and Police at the scene feared the worst for me after hearing what had happened.

[yellowjack]

OK. Massive thread resurrection time...

...it's coming up to four months from the collision.

I tried to discuss things with the driver's insurer directly. I spoke to their claims department about things, and provided details of the injury etc. Then they passed me to another department who advised me to get legal representation, as the were reluctant to deal direct given the severity of the injury. After looking into a few options, I mentioned it to my brother-in-law, and he put me in touch with a friend of his, and thus a solicitor was recommended and consequently instructed.

Without giving too much away, there is an 'issue' with the driver's insurance status, but they are covering the claim against him, although I suspect that they will be pursuing him afterwards to recoup their losses. More than that, I've not been party to.

In the meantime, I've had a brief (5 session) course of physiotherapy from the NHS hospital, and following some action by my solicitor, I had some more physio privately, that the other side have paid for directly. Today I met another physio via a referral from my GP. The brilliant news is that he's a cyclist too, so seems to understand my situation (and frustration) much better than the other two. I've booked with him for a minimum of four more sessions, and he seems to see no good reason why I shouldn't be back on the bike soon. Fingers crossed.

Next big step is booked for July, when I'll be assessed by an independent medical expert, for a report on the long term prognosis from which a compensation claim will be made. It could still be some time before that part gets settled, but it's unimportant for now. I'm just pleased to be able to say that progress is beginning to show with the treatment and recovery process.

One big question is what to do about the bike, and how/where to get it inspected. It's an aluminium frame, with a carbon fork. Other than two 'pringled' wheels, there is very little obvious damage, considering the impact it had, but I think I got the lions share of the energy transferred through my body. There is, though, a small, but measurable difference between the seat stays, and in the left hand fork leg. I'm not sure about impact damage in aluminium frames, but as they are welded then I presume there is potential for damage/fatigue at the tube joints.

I don't want to ride it again, because I don't have any confidence in the bike anymore, but it was meant to be my 'keeper', and I'd only recently spent £300 on new shifters and a full service at WyndyMilla. It was an expensive investment (for me, anyway) and I'd like to think that whatever happens, I can get back to the position I was in pre-accident.

In the meantime, I'm going to get spannering to fix the brakes on my MTB so that I can be ready as soon as I get the go-ahead to ride again. All I need is a day of decent weather, as there's currently no space in the garage to set up the workstand.

All in all, it seems to be good news over the last week or so, with progress on more than one front. I'm most pleased, though, about this new (cycling) physio, and the potential to build on the progress made with the last one.

[walm]

Best of luck with healing up soon. Make sure you do any exercises prescribed by the physio!
I can't imagine you won't get a replacement bike.

[lou_m]

Good luck with your recovery. Speak to the manufacture/importer of your bike and ask their advice. I am pretty sure most would advise you to replace the frame. Some do offer a crash replacement discount scheme.

[yellowjack]

A gentle bump on this...

Today I got back onto a bike for the first time since the collision.

I've seen 3 different physiotherapists. The first was NHS, at the hospital where I was initially treated, and I had 5 very basic sessions working on home mobility exercises and not much more. It felt like a bit of a 'production line' if I'm honest, and I didn't see much benefit from it.

Next was a lovely South African lady, paid for by the driver's insurer. She did more mobility stuff, along with strengthening exercises and deep massage. (It hurt, and I was very brave, but didn't get a lolly ). She recommended three extra sessions with her, but I've yet to hear from her company administrators/bean counters on that score.

Then, after my 'discharge appointment' with Kim, I met the new fella, Ben, to whom I was referred by my GP. In the first session he did a load of manipulation stuff, and more mobility exercises to do at home, along with some strength/conditioning work I can start. He was the one who recommended getting back on the bike. I've booked four sessions with him, beginning next week, and if things continue as they have been, I'll see even more improvement As a Brucy Bonus, Ben is a cyclist and runner (and on Strava too), and so he knows what I want to get from the treatment, and understands the frustration of being kept from exercising regularly. He also gets a glowing recommendation from my GP, so it's all good in that respect.

As far as the claim goes, things are quiet at the moment. I don't feel I can say much, as I've yet to submit the total for my actual losses, and the medical compensation element cannot proceed until I see an independent Medical Expert in July. I ended up going with a company called BikeLawyers, who normally specialise in Motorbike claims, but are developing a cycle claim arm of the business. Recommendation was via a friend and colleague of my Brother-in-Law, who had a good result with them. So far they've been straight with me at every stage, honest and realistic, and communication has been good, with no difficulty getting hold of the solicitor to ask questions, etc.

[47p2]

Good on you YJ, sounds like you're heading in the right direction, small steps at a time.


I managed to do 2 miles on Friday and suffered for it so a few more weeks for me yet

[Fluffsri]

I didn't realise you had been knocked fella. Glad to see you managed a bimble out. Will have to meet up when I'm fixed.