Got knocked off bike by Van

[bmwmike]

I wouldnt hesitate to claim off someones insurance - that's what its there for and if nothing else perhaps will make the driver more careful in future.

Good luck OP keep us posted.

[Dizeee]

You absolutely must claim. It took me almost 2 years to receive my financial settlement for what was a very low speed clip, however, when your not at fault, the system is there for your benefit. Your entitled to reap the rewards of the insurance premiums we all pay yearly as it is for exactly this reason.

There is also the chance you may have long term irritancy / localised pain or issues that come and go. You will feel very differently about your entitlement 6 months or 2 years time if this is the case. Even a small injury has significant payout potential, and it sounds like you were a total victim. Plenty of firms will offer no win no fee, this is a decent option, even if you end up paying 25% of your settlement. It has to be better than nothing.

[TheMal28]

As others have said OP pretty straightforward.

A couple of summers ago I rode into the side of a car which, coming the opposite way down the road to me cut across my path and I found my self dented into the side of her passenger door.

Managed to walk away with some bruised hands and legs and a unrideable bike,

I took photos of my hands, my bike, her car (damage and reg).

There was also a really helpful witness who gave her contact details.

The girl in the car didn't hang around much longer and I reported accident to the police the following day.

I also went to A&E to be checked over that night.

The police investigated and wrote to me many months later confirming the driver was to attend a driver improvement/awareness course.

I appointed a lawyer (no win, no fee (win and 25% fee)) and they managed to get my bike repaired and a few thousand for damage, repairs and physio ;

[Bathroom_Security]

Here we are almost two years in, wow.

Thankfully walked away from this without permanent injury, I am extremely glad of that looking back.

If its of any interest to people going through the same thing ever, the solicitors have been most un-proactive so in hind sight I should have worked on them a bit more. They have literally sat waiting for months without doing anything.

Solicitor has asked me about special damages, losses in addition to injuries

So that's:

A cracked MTB helmet I have no receipt for
Shimano cleats that are literally fked (which I think I have a receipt for)
A bike that, frankly I think is ok after working on it and giving it a polish up for a few hours. It now lives on my turbo and I've no idea if there is any structural damage. Damages include scratching to the frame and derailleur and the brake levers/shifters, a badly buckled rear wheel which I since straightened out although never managed to get perfect, has an up/down kink in it I cant get rid of.
I took a days leave (paid) as I was literally bed bound for a day, then went back to work (then suffered for a few days, Ill never be someone that takes sick for the sake of it)


Is it even worth bothering trying to quantify special damages in my case? Nothings been replaced as I ended up chucking what back then was a mangled bike in the garage and buying a new one. Since been worked on by myself and made functional and used indoors. So technically, nothing mechanically wrong with it.

[joshcowin]

Not being a smart arse but sounds like the solicitors recommended on here deal with this regularly and you MAY have got better service/outcome.

The main thin is you are OK and the crash hasn't caused any health issues!

[Bathroom_Security]

100% agree

[kiethton]

Yeah claim for all of that, including the value of the bike - you should be able to find a comparable helmet from the same manufacturer

When I was knocked off my motorbike I claimed for all my kit and even my train fares to get to work for the months I couldn't commute, even though I had no receipts etc

[Gareth79]

Do you have photos of the bike as it was? Generally you'd need to get it inspected by a bike shop and they'd quote a repair/replacement cost. A photo might help the shop realise the extend of the original damage.

If it's a carbon frame then I doubt most car insurers would question a report from a bike shop saying that it's impossible to determine if a bicycle frame is safe to be used if it has been in a significant collision with a vehicle, at least without a specialist investigation (eg. x-rays). If it's metal then a bike shop might be less willing to state that. The fact you are still using it isn't hugely relevant - you didn't feel safe to ride it on the road so it has lost its original use, and is now effectively worth what you would pay for a crash-damaged frame to use on a turbo.

Receipts are not necessary, you just need to find evidence of the replacement cost.

Edited by Gareth79 on Tuesday 24th May 17:28

[Vocht]

I don't like to tempt fate regarding compensation for injuries. Just be glad you don't actually need to claim anything. However, considering pretty much everything was damaged and that you cannot prove it's structurally safe i'd want replacements for it all. It's the least they could do for nearly killing you.

Also note, bikes, parts and accessories are notably more expensive compared to when you had the accident so your original receipts may not actually be reflective of replacement costs in today's market. In other words, give them links to current replacement products and not just old receipts.

[S17Thumper]

A mate was knocked off and suffered similar damages and a shoulder injury.

New bike
Full riding kit
Pay for travel to/from work and any other incidentals
6months private physio


It feels like you're going out of the way to be kind - if you've had to fix/try to fix stuff, claim for it.

[Armchair_Expert]

OP sounds very weak, I had a collision years ago with a car, which to be fair was my fault as I made an assumption based on the vehicles position that it was taking the first exit at a mini roundabout ( no indication ). It had actually gone wide left, in order to do a full recip, so the car turned full right lock into me sending me over the bonnet and then the car drove through someone's garden in panic at what they had done. I had to deal with her as she was more of a state than me.

Anyway, my bike was damaged and my leg was minorly injured. After around 2 - 3 years of the usual litigation and document compiling, I received 3.5k in comp and to cover bike damage. More than reasonable I think, however par for the course.

Your solicitors sound terrible.

[jfdi]

When I was knocked of on a roundabout a few years back I dealt directly with the drivers insurance LV. They were superb and supportive throughout.

They quickly paid out to replace the bike so I could buy a new one quickly, after a bit of discussion agreeing to pay out for a new bike despite the damaged one being about 6 years old. I also kept the old bike which had a bent frame. A replacement frame off Ebay and it lived again.

I then also claimed for :-
Helmet
Rucksack
Any clothing that was damaged
Medical expenses. (Ankle support straps)
Parking at work for several months as unable to ride in.
They also sent me for physio on my ankle which they paid for directly.
Then once back up and cycling fully, compensation for the injury. Which just happened to buy another bike

[Bathroom_Security]

kiethton said:

Yeah claim for all of that, including the value of the bike - you should be able to find a comparable helmet from the same manufacturer

When I was knocked off my motorbike I claimed for all my kit and even my train fares to get to work for the months I couldn't commute, even though I had no receipts etc

S17Thumper said:

It feels like you're going out of the way to be kind - if you've had to fix/try to fix stuff, claim for it.

Can I ask to claim for a new bike then? Its a £700 allez aluminium road bike, got photos somewhere I am sure

Most annoying as I'd ridden it only a few times.

Forgive me for not being forceful enough, I just genuinely don't know what to do in this situation

Solicitors have been turd, absolutely. Ill name them once this is over so people can avoid. They have specifically asked for receipts.

[OutInTheShed]

Gareth79 said:

Do you have photos of the bike as it was? Generally you'd need to get it inspected by a bike shop and they'd quote a repair/replacement cost. A photo might help the shop realise the extend of the original damage.

If it's a carbon frame then I doubt most car insurers would question a report from a bike shop saying that it's impossible to determine if a bicycle frame is safe to be used if it has been in a significant collision with a vehicle, at least without a specialist investigation (eg. x-rays). If it's metal then a bike shop might be less willing to state that. The fact you are still using it isn't hugely relevant - you didn't feel safe to ride it on the road so it has lost its original use, and is now effectively worth what you would pay for a crash-damaged frame to use on a turbo.

Receipts are not necessary, you just need to find evidence of the replacement cost.

Edited by Gareth79 on Tuesday 24th May 17:28

^^^This.
If I'd significantly crashed an alloy frame, I would not sell it for road use. Or even 'outdoor use'. So the loss is virtually the value of the bike.

[S17Thumper]

Bathroom_Security said:

kiethton said:

Yeah claim for all of that, including the value of the bike - you should be able to find a comparable helmet from the same manufacturer

When I was knocked off my motorbike I claimed for all my kit and even my train fares to get to work for the months I couldn't commute, even though I had no receipts etc

S17Thumper said:

It feels like you're going out of the way to be kind - if you've had to fix/try to fix stuff, claim for it.

Can I ask to claim for a new bike then? Its a 700 allez aluminium road bike, got photos somewhere I am sure

Most annoying as I'd ridden it only a few times.

Forgive me for not being forceful enough, I just genuinely don't know what to do in this situation

Solicitors have been turd, absolutely. Ill name them once this is over so people can avoid. They have specifically asked for receipts.

Something that came to me after I posted - I’ve tried to put this in car terms Would you have taken this route if it were your car?

Bathroom_Security said:

A car that, frankly I think is ok after working on it and giving it a polish up for a few hours. It now lives on my turbo in my garage, I sit in it an give it a rev every now and then and I've no idea if there is any structural damage. Damages include scratching to the framemost of the bodywork and derailleur and the brake levers/shifters, a badly buckled rear wheel which I since straightened out although never managed to get perfect, has an up/down kink in it I cant get rid of would feel bumpy af if I drove it on the road.

I’ve also had a buy/cobble together a replacement car out of my own pocket

Edited by S17Thumper on Friday 27th May 09:30

[Bathroom_Security]

haha, no I wouldn't

I guess its just to what extend would I have to evidence that?

Ive never been out on it since and for about 6 months it literally sat in the shed mangled and un-usable.

Ive requested it be replaced.

[Bathroom_Security]

So, solicitors I think went after the wrong insurance company for some reason. The actual company no longer exists of course given they have taken so long. Now going via (small claims?) court against the individual.

Is that actually a thing?

Anyway, on my 5th (I think) solicitor now who is actually proactive.

Should have gone with LD like many suggested! Glad to say I'm about 99% ok after that accident.

Thanks

[Justcomingup50]

Had a car pull out in front of me, no injury but about £300 to fix bike. Got the details of the driver but got given the runaround for about 4 weeks from the insurance company. Colleague at work suggested emailing the company director, found contact details online sent email and within a week cheque was in the post.. also got an extra £100 for poor customer service.

[Bathroom_Security]

For the sake of internet updates, now knocking on 3 years later the solicitors ended up taking the individual to court. I think the original insurance company no longer exists so went after him for damages.

He didn't turn up (despite being in communications with my solicitors this year apparently) and now has to pay out £15k, solicitors went for their own costs of £5k on top of mine.

Ill probably not see a penny of it, or if I'm lucky I might see £1 a month on a payment plan. I know CCJ's are bad for normal folk but this guy is a loser so won't be an issue for him.

[kiethton]

Were they insured at the time of the accident?

Even if that provider has gone, their liability hasn't...