Got knocked off bike by Van

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Bikes ruined, I'm beat up with a hole in my leg. I have the guys name and number and reg and a witness. Can I claim against his insurance? Just at A&E and will file a police report later. Police said they were too busy and as I hadn't been knocked out they weren't going to send anyone and to log an RTA online. Never had to go through this before.

Some clarification. It was broad daylight and he pulled out of a t junction my right of way. Young driver and was obviously in a rush.

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British cycling member - no, but i will be from now on

Didn't provide me his insurance details despite asking multiple times, was Business insurance he didn't know the details. Have his reg so hopefully it'll come up insured.

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I got his insurance details online. Will see what happens. Bit annoyed as It took me a while to find a bike in the size in wanted, so sure i wont get one any time soon. Doubt ill be riding for a couple of weeks now as im fairly immobile.

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Thanks all. I've gone with a local no win no fee (I feel a bit of a sponger saying that, I too hate the idea of compo and am all too aware of people claiming for stuff get a quick buck but I am in a lot of pain and the guy drove like a total moron. I just hope there is no lasting damage and can continue on with life as normal).

I know that Leigh has been recommended multiple times but my Mrs is a lawyer, and many of her lawyer-ing friends have recommended them.

K1909 said:

I asked the same question here 18 months ago, and went with Leigh Day following the advice.I wasn't with british cycling either. I don't like to make a fuss, but like others had said, the driver is insured for such incidents and if you have suffered losses and damages then you have every right to make a claim.

Leigh Day are still handling my claim, as I still have no sensation on one side of my face and now have a metal plate fitted to my orbit bone following a tripod fracture from the accident.

It's taking its time, but they have always responded quickly and sent me to various professionals, from facial experts, to MRI scans, and given the current climate I don't expect it to be settled any time soon. I need to see the facial expert again to see if any sensation has come back to my face, sadly it hasn't. I have however received an interim payment for my losses at the start of the lockdown.

Rest up, and don't let this mishap put you off cycling, I couldn't ride for 3 months, but once you get back to it, it's like you have never been away.

Jesus. Just shows how dangerous it can be, you have my sympathies it must be properly frustrating. I cant believe I lasted less than 2 weeks on a road bike but I am looking forward to getting out and exercising again. Was really enjoying being out on the road on warm evenings its a great feeling.

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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.

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100% agree

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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.

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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.

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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

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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.

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kiethton said:

Were they insured at the time of the accident?

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

Dont know. I don't know why they decided to pursue him as an individual in the end, I think they thought it would be easier.

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Thanks for the responses, basically yes. The solicitors have taken so long, and there have been I think 4 different individuals handling the claim in this time, that the insurance company has now gone bust.

The latest individual handling the claim has been far more proactive than any others.

I don't know what to do if I'm honest, or how I would even go looking for an ombudsman, or what to say.

Wife is a solicitor (although totally different field) and her friends in the industry have suggested trying to sue the solicitors for negligence, or something. Fact is they left it so long that they have had to go after the individual and I guarantee given his employment he won't be able to come up with the £17k he supposedly owes. A problem for many people I'm sure, but for those that simply don't give a st they can just ignore it.