OUCH!!!

Author
Discussion

james92

Original Poster:

26 posts

168 months

Friday 28th January 2011
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Last night, commuting back from work, a car opened their door without looking, and i went flying (literally).
The traffic was stationary as the traffic light was red, it was a really wide road in islington, and there was a bus lane just about to start, so there was a good 2 1/2 metres from cars to pavement so i was going at about 20mph as it was all clear. It happned so fast and didnt have time to react let alone break. he opened the door, the edge of the door hit the bars and i went flying with the bike as i was clipped in.

Im now with a very sore sholder, neck, knee and cant move my hand what so ever so cant go to work. The bike is pretty mashed, buckled wheel, broken rear mech, bent hanger, bent fork/ handelbar/ breaklevers.

Im basically looking for advice how i can get them to pay for my bike repairs/maybe some compensation? And if anything similar has happned to someone on this forum?

I had lights, but wasnt wearing anything reflective or a helmet (stupid me), will that make any differance to my rights?

Any help would be greatly appreciated.

J.P.W.

122 posts

219 months

Friday 28th January 2011
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OUCH indeed.

No great advice to offer, just sympathy - it happened to me years ago when I was a student - unbelievable how quickly it happens. Hope the pain subsides fairly quickly.

okgo

38,356 posts

200 months

Saturday 29th January 2011
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This almost happened to me, I was cycling along similar situation but the cars were on the left, and someone opened the door, and I swear I didn't think about it, before I knew it I had shoved the door back closed on him with my left hand, I swerved as my balance changed but managed to stay on it was very scary!

rykard

447 posts

183 months

Saturday 29th January 2011
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join the ctc and get their legal advice.

jodypress

1,930 posts

276 months

Saturday 29th January 2011
quotequote all
On the flip side, years ago I stopped outside Highbury and Islington tube to drop off a friend. I was pretty close to the kerb and my passenger opened the door when I stopped. A cyclist ran into the door.

Luckily no harm no foul, everyone was pretty civil and we went on our merry way. At the time I checked into this and as a driver, I'm responsible for me and my passenger and would have been at fault if the cyclist had to claim.

Currently I commute daily by bike. I always ride assertively and not too close to parked cars, yet I've had people open doors in traffic when they've been in the middle lane...go figure.

If you've got their details, call them up and make a claim on their insurance. If they're not willing to do so, report them to the police.

Good luck.

james92

Original Poster:

26 posts

168 months

Saturday 29th January 2011
quotequote all
Thanks, ill give there insurance a ring on monday, all i really want is for them to pay for my bike getting fixxed which i think will be about £200-£300 with labour. I tried calling the pasenger today, but he is completly ignoring my calls, evan aftr leaving a voice mail.

Gooby

9,268 posts

236 months

Saturday 29th January 2011
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First of all, go to A&E and get your injury checked and logged. If you do not have insurance, you may be able to use your comprehensive car insurance. If not contact your solicitor for advice. Next log your claim with the 3rd party insurer.
Get any damage to the bike assessed by your LBS.

Mars

8,775 posts

216 months

Saturday 29th January 2011
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Helmet and reflective clothing aren't legal requirements. Lights are, and as you had then, you're in full compliance.

Get a doctor's report first anyway, while the injuries are fresh, then you either claim the damages to your bike through his insurance, or you engage a solicitor and push for injuries too.

mybrainhurts

90,809 posts

257 months

Saturday 29th January 2011
quotequote all
james92 said:
Last night, commuting back from work, a car opened their door without looking, and i went flying (literally).
The traffic was stationary as the traffic light was red, it was a really wide road in islington, and there was a bus lane just about to start, so there was a good 2 1/2 metres from cars to pavement so i was going at about 20mph as it was all clear.
Good job it was a car door, not a pedestrian, crossing between the stationary vehicles, eh...?

You might have been on a manslaughter charge, eh...? Eh...?

james92

Original Poster:

26 posts

168 months

Sunday 30th January 2011
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I went to AnE as the ambulace was called, thankfully i had not broken my hand or my wrist, but its still very sore, and three days on i still cant use it for nothing. I went to get the bike damaged assesed and it comes up to £591 including labour! Turns out he impact bent the fork, shifters, mech, mech hanger front wheel and ovalised the headset damaging the frame so its a write off. Theres no point of me getting it fixxed as the bike before the accident was only worth £500. Sucks, because its currently my only form of transport (cars currently getting a new engine). Ive got it all in a letter from evanscycles showing costs etc. Shall i call their insurance sraight away, or shall i call the cab driver and customer to see if they would like to not involve the insurance company and just give the bike shop the money?


jodypress

1,930 posts

276 months

Sunday 30th January 2011
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Was this a black cab driver? If so at least he'll definitely be insured. I'd ask the driver if he'd be happy to pay first, his excess will most prob be £500. If he's difficult then involve the insurance.

Gooby

9,268 posts

236 months

Sunday 30th January 2011
quotequote all
james92 said:
I went to AnE as the ambulace was called, thankfully i had not broken my hand or my wrist, but its still very sore, and three days on i still cant use it for nothing. I went to get the bike damaged assesed and it comes up to £591 including labour! Turns out he impact bent the fork, shifters, mech, mech hanger front wheel and ovalised the headset damaging the frame so its a write off. Theres no point of me getting it fixxed as the bike before the accident was only worth £500. Sucks, because its currently my only form of transport (cars currently getting a new engine). Ive got it all in a letter from evanscycles showing costs etc. Shall i call their insurance sraight away, or shall i call the cab driver and customer to see if they would like to not involve the insurance company and just give the bike shop the money?
Do not call the 3rd party as you are going to claim for compensation for your injuries. The 3rd party will not be able to cover you claim and has to be represented by a professional. In the morning I would book an appointment with your chiropractor and begin treatment for your injuries as this will be covered by the 3rd party insurer. Buy a new bike on your credit card and dont forget to claim the interest.

I take it you have witnesses?

hwassall

280 posts

286 months

Monday 31st January 2011
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The same happened to me a couple of years ago. I ended up in A and E getting stitched up where the top corner of the door stuck into my shoulder. The police turned up at the hospital, cautioned me and took a statement. As a result, the driver was prosecuted for opening a door to danger and their insurance company actually contacted me offering to repair the bike plus compensation. Presuming that the police were involved in your case, they will have taken details of the drivers insurance policy and can provide them to you if you do not have them already. Give the the insurance company a call, they were very reasonable in my case, presumably out of fear that I would go to one of these 'Had an accident? Not your fault?' type places.

scubadude

2,618 posts

199 months

Monday 31st January 2011
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A couple of years ago a motorist turned into the exit of a petrol station in front of my brother causing him to "flay" across the bonnet into a roadside bollard on the other side, snapped his carbon road bike into three in the process. (All under CCTV from the garage)

Driver denied responcibility, we made one call to a typical ambulance chaser no-win, no-fee solicitors who got my brother £3K for new bike and clothes.

Might not be necessary if the driver has admitted guilt, a reasonable person will probably see its cheaper to pay up that argue!

Kermit power

28,779 posts

215 months

Monday 31st January 2011
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Out of interest, would liability be affected by which side of the vehicle a cyclist passes?

I'd always assumed that if I am between the kerb and the traffic (when cycling) then the responsibility largely falls to me, whereas if I have the vehicle between me and the kerb it's down to the person in the vehicle.

OneDs

1,628 posts

178 months

Monday 31st January 2011
quotequote all
Yep me too, I'm hanging back trying to time the lights avoid a double decker bus in twickenham, hit full pelt to get in front and a guy parked illegaly outside a snooker club in Twickenham, gets out of his car. I hit him & the door, fly over the handle bars in to the path of the double decker bus which manages to stop with me half under the front bumper.

Guy picks himself up of the floor jumps in his dodgy (max powered) BMW and zooms off up the road. Police, ambulance the works, never track the guy down, Reg number doesn't turn up anything and the buses CCTV gives nothing usable either.

I have lots of cuts and bruises and a broken elbow, together with a ruined bike (bus crunched it).

Worse things made worse, surgeon buggers up putting the bolt in my elbow and so I now have a disfunctioning Ulnar nerve, two further operations later and 3 years after the accident and I'm still in the same situation re the nerve.

No win No Fee job if you ask me. Although I got more comp from the NHS for their treatment than anything I would have got from the guy fleeing the scene.

mybrainhurts

90,809 posts

257 months

Monday 31st January 2011
quotequote all
Kermit power said:
Out of interest, would liability be affected by which side of the vehicle a cyclist passes?

I'd always assumed that if I am between the kerb and the traffic (when cycling) then the responsibility largely falls to me, whereas if I have the vehicle between me and the kerb it's down to the person in the vehicle.
Sensible comment.

There seems to be a disturbing lack of defensive riding round these here parts.

Hope you lot don't drive cars.