# Hit by a car this morning - advice?



## Tubbs (24 Sep 2009)

Hi this is my first post, but been reading the forum regularly since starting commuting to work on my bike a couple of months ago. For the most part my commute is fairly uneventful (save for the odd car/bus/truck passing too closely) and I've been really enjoying it.

This morning however I was hit by a car which was coming out of a side street and onto a dual carriageway. I saw the car coming but it looked to be slowing down. I was in the middle of the lane as the bus/cycle lane I was in had just ended and I prefer to stay in the middle of that lane because I am more visible to traffic (or so I thought!). 

Just as I was about to pass the car the driver accelerated and drove straight into me. I was knocked off into the road. The driver stopped, couldn't apologise enough - she didn't see me. I was wearing a bright yellow hi-viz jacket and I had flashing lights! Her windows were still misted up, she said. I told her she was lucky I wasn't a bus, driving out into a busy main road when she couldn't see out of her window. I shouted some horrible things at her, she was very nice and obviously very sorry but I was a bit hysterical and couldn't stop crying. I took her details and gave her my number. She then left. 

I wasn't really sure what to do then, nothing seemed to be broken - apart from my drinks holder and my gears made a funny clicking sound when I turned the pedals, plus my front wheel looked a bit buckled.... _I_ was in a bit of pain though, and I was too shaken up to ride my bike, so I walked over to the police station who were great - they took all the details and told me to go to hospital as I had hit my head. Got checked out, as I suspected just cuts and bruises to my legs and left arm, sore back and head, and my wrists are hurting - but no broken bones or concussion.

So all in all I was pretty lucky and glad it was nothing worse, but what now? I know I'll have to get my bike checked out properly but the police and hospital told me I should put a claim for the damage to my bike and of course myself. I wouldn't know where to start though, what should I do? Do I contact a solicitor or wait until the police have got back in touch? Should I phone the woman?


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## PBancroft (24 Sep 2009)

Get in touch with the CTC - it doesn't matter if you're not a member - they will be able to help.


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## sheddy (24 Sep 2009)

Russell Jones & Walker - CTC solictors 
http://www.rjw.co.uk/ctc


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## mr Mag00 (24 Sep 2009)

as above plus contact details, witnesses? and do not contact her.


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## gavintc (24 Sep 2009)

I understand that you can join CTC / BC after the event and still get the benefits. But, I would do it now, not in a couple of days time.


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## Tynan (24 Sep 2009)

yes, join ctc first and then RJW will take it from there, they're good, takes time to get a settlement but it'll happen

Write down like now every single thing that happened, especially pain, injuries, anything at all plus damage to your bike, get the bike shop to put into writing damage to the bike, tell them it's was a no fault accident, they'll go to town, don't be shy maxing a claim becasue the insurance company wil cut it back anyway

the best bit is you seem to have come off fairly unscathed

get the wheels into motion and it'll run it's course then almost on its own

settlement in about 9 months I think


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## Tubbs (24 Sep 2009)

Thanks all - I have genuinely been meaning to join CTC, I just hadn't got round to it. Will do it now and get things going. 

I don't think there were any witnesses, a few bikes and cars went past but no one stopped. She seemed like a decent person and did admit it was all her fault at the time and said she would contact her insurance company when she got home.


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## magnatom (24 Sep 2009)

Sorry to hear about what happened.

All the above information is good. 

Also be aware that injuries can take a few days to appear. If you notice any new pain or discomfort get to the doctor and get it recorded.

You really have to make a claim against this driver. Not for the sake of making a few quid, but to drive the message home to her about how serious the incident was. Having steamed windows is NO excuse for knocking someone down.


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## mr Mag00 (24 Sep 2009)

oh and welcome too


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## ttcycle (24 Sep 2009)

Sorry to hear you had a run in this morning. Hope you are for the most part ok. Take it easy and see how you go over the next few days and get your bike fully checked out as others have said.

I found this link that covers in detail civil claims:

good luck and again welcome to CC

http://www.londonfgss.com/thread4213.html


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## fossyant (24 Sep 2009)

Take bike to your local LBS for a quote. If you had a helmet on, you'll need a new one.

Hospital now has visit on records. Usual ibuprofen and the like. Contact solicitor PDQ - via CTC or BC.

Write down what happened, and photograph damage to bike and you (bruises). Maybe photograph scene for future reference (helps when solicitor's aren't local).

Her problem was driving a misted up car - police may not be too happy - make sure that goes down in your reports, and that she admitted that, as story's change.

Keep an eye on injuries, my shoulder issues didn't show up for a couple of weeks.

You'll most likely have to pay for repairs before you get any settlement. House content's insurance may just help out here in the interim. Don't forget damage for clothing if there was any.

Settlement times...a long long time....I'm over 9 months on mine now

Get back on that bike. 

PS note you are a 'local' - where abouts was the accident ?


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## Wheeledweenie (24 Sep 2009)

What an awful experience, I dunno where to go for help but the guys on here are generally spot on when it comes to advice about these things. Hope it won't put you off for too long and that the driver's true to her word and pays up for any repairs.


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## jonny jeez (24 Sep 2009)

Wheeledweenie said:


> What an awful experience, I dunno where to go for help but the guys on here are generally spot on when it comes to advice about these things. Hope it won't put you off for too long and that the driver's true to her word and pays up for any repairs.




Sorry to appear negative...But she wont.

Usually, in the misdt of panic and confusion people say what they really think as their gaurds are down.

As soon as the driver has a chance to reflect, calm down and also talk to her miriad of bike hating pals, she'll be blameing you for the entire thing.

If you intend to take it further, then do as all the above have suggested and be sure to record everything in the smallest of detail- photo's- times- road and weather conditions-traffic conditions everything.

If on the other hand you dont want to pursue it, then change your helmet, sort out the rattly gears and check your frame for small cracks etc (they can appear over time after a collision)

but most important of all...get back on your bike, or you never will.

Best of luck, sorry to hear this has happend so soon into your experiences of commuting, and welcome to the forum. shame we all met under such circumstances.

PS, she probably will stick to her word...but best to assume she wont...there, I dont feel like such a grouch now

Jonny


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## Tubbs (24 Sep 2009)

I'm from t'other side - near Bolton - it happened in Salford on my way in to Manchester. 

I sincerely hope she doesn't change her story. She seemed like a nice woman so I don't think she will, but you never know I suppose.

New injuries are appearing by the hour - my neck is stiffening up and a massive bruise has appeared on my calf! God knows what I'll feel like tomorrow. 

I've given my details to CTC now so they are going to pass it onto their solicitors.

Thanks for the welcome anyway - way to make an entrance eh?!


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## D-Rider (24 Sep 2009)

She might pay up you know. I had a minor bump in the car once where the other (at fault) driver talked me into letting him pay for repairs rather than go through insurance. I regretted it almost at once but, in fairness, he did come up with the cash.... Made me get three quotes and generally managed to make me feel like *he* was the one doing the favour though.


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## D-Rider (24 Sep 2009)

Tubbs said:


> Thanks for the welcome anyway - way to make an entrance eh?!



Indeed, welcome!

And try to keep it rubber side down in future......


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## fossyant (24 Sep 2009)

You don't need to contact her, the solicitor does that now, well her insurers. As bruising is coming up, then claim. You'll feel like you've been in the fast spin of a washing machine for a few days


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## e-rider (24 Sep 2009)

The same thing happened to a friend of mine in August. An elderly lady pulled out of a side road straight into him - he wasn't so luckly, he was killed. So you should have given this lady serious shoot - she could have easily killed you. I would do everything you can against this lady so that at least she thinks twice before doing something similar in the future.

You're very lucky.


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## garrilla (24 Sep 2009)

Tubbs said:


> I'm from t'other side - near Bolton - it happened in Salford on my way in to Manchester.
> 
> *I sincerely hope she doesn't change her story. She seemed like a nice woman so I don't think she will, but you never know I suppose.*
> 
> ...



This happened to me. A women hit me from behind at about 30mph. Ouch. But she was hugely apologetic, trying to give me hugs and everything. She seemed totally sincere. But later on, months after, she changed her story. Fortunately, I ensured the cops came to the incident and took statements, which all tallied at the time so her changed story was just foolish. My lawyers wrang her out at this point and her insurers settled in days.


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## threebikesmcginty (24 Sep 2009)

Yes - if you get the CTC membership and there's any nonsense from the insurers a call from the CTC legal boys usually sets them back in their seats. They generally think they can bully cyclists but soon realise the game's up when the rider's got back up. Some folk on here have had good payouts too!

Good luck and welcome.


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## Tubbs (24 Sep 2009)

tundragumski said:


> The same thing happened to a friend of mine in August. An elderly lady pulled out of a side road straight into him - he wasn't so luckly, he was killed (she is being charged). So you should have given this lady serious shoot - she could have easily killed you. I would do everything you can against this lady so that at least she thinks twice before doing something similar in the future.
> 
> You're very lucky.




Sorry to hear about your friend, that's terrible. 

I did give her a lot of shoot - I was crying and screaming at her, I was very shaken up - that road is usually very busy and cars drive pretty fast on it - so I'm lucky nothing was behind me. It could have been a lot lot worse and that was going through my mind at the time. Plus for a minute when I was lay in the road, I thought it was a worse and it kinda makes you a bit hysterical (well a lot hysterical in my case).

Hopefully she will learn her lesson - she had a child/children in her car as well so she is lucky it was just a bicycle that she hit.


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## Landslide (24 Sep 2009)

Tynan said:


> Write down like now every single thing that happened, especially pain, injuries...


...including anything that develops in the next few days. At the time of the accident, you'll have been pumped full of adrenaline, which often masks injuries that only come to light later.


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## fossyant (24 Sep 2009)

Tubbs said:


> I was crying
> 
> Plus for a minute when I was lay in the road, I thought it was a worse and it kinda makes you a bit hysterical (well a lot hysterical in my case).



You are not allowed to Cry.... HTFU..... - didn't mean it !

TBH, you are quite new to this so it will be a shock to the system.

Many of us have come off that many times it's just a 'oh shoot this is gonna hurt'.... bounce..... bounce, spring off road...my bike..my bike.....then the pain hits....and you notice bits of body missing....

You will get used to the 'offs', be it your fault or a drivers. Just thank yourself it wasn't too bad, some of the folk on here have been pretty badly injured !

Adrenaline is good stuff....until it wears off...


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## swee'pea99 (24 Sep 2009)

Also including everything - literally everything - she said, to the word, as far as you can remember it. As others have said, people change their tune. And if push comes to shove, it strengthens your position if you can say, ('from contemporaneous notes') 'then she said: "I'm so sorry. It's entirely my fault. I just didn't see you. My windows are still steamed up and I just didn't see you"', as opposed to 'then she said she hadn't seen me and her windows were steamed up.'

One other thing: for future reference, it's a basic motto round here that 'they're all out to get you!' Be very wary of assuming that people have seen you and/or will behave sensibly. Assume they're all moronic psycopaths, and ride in such a way that even if they were consciously trying to, they couldn't hit you.

Oh, and one more: glad you're shaken, stirred but not really seriously injured - and welcome! As you say, that's a helluva way to make an entrance!


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## Lazy-Commuter (24 Sep 2009)

swee said:


> Be very wary of assuming that people have seen you and/or will behave sensibly. Assume they're all moronic psycopaths, and ride in such a way that even if they were consciously trying to, they couldn't hit you.[/B]
> 
> Oh, and one more: glad you're shaken, stirred but not really seriously injured - and welcome! As you say, that's a helluva way to make an entrance!


Amen to that!! Eye contact is good, but even if you've got good eye contact and they're stopped and have issued sworn statements that they won't move, still assume that they will try to get you.

Nothing to add to the advice you've already been given for your current situation, other than to say that I wish you a speedy recovery and good conclusion to your case.


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## Tubbs (24 Sep 2009)

Lazy-Commuter said:


> Amen to that!! Eye contact is good, but even if you've got good eye contact and they're stopped and have issued sworn statements that they won't move, still assume that they will try to get you.
> 
> Nothing to add to the advice you've already been given for your current situation, other than to say that I wish you a speedy recovery and good conclusion to your case.



I do assume that and try to get eye contact with drivers, I'm usually quite good at anticipating stupid moves by other people (I was reading these forums learning everything I could before venturing onto the roads), but I was on a fast road and she looked like she was slowing down. I was in the middle of the lane too so I couldn't really do anything more. 

As has been mentioned though, I'm sure I'll get used to this sort of thing and won't cry like a baby next time.


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## Lazy-Commuter (24 Sep 2009)

Tubbs said:


> I do assume that and try to get eye contact with drivers, I'm usually quite good at anticipating stupid moves by other people but I was on a fast road and she looked like she was slowing down. I was in the middle of the lane too so I couldn't really do anything more.
> 
> As has been mentioned though, I'm sure I'll get used to this sort of thing and won't cry like a baby next time.


Yeah, it's easy for those of us who weren't there to be wise on your behalf ain't it. Sorry, I didn't mean to sound preachy!! 

No shame in crying. Or going off on one. A combination of shock and adrenalin excuses all sorts of behaviour.


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## redjedi (24 Sep 2009)

Hi Tubbs, and welcome.

Bad luck with the accident and there's all the advice you need above.

When I got hit by a minicab last year, I was lucky as there was a couple of police officers in their car waiting at the same roundabout. The driver took full responsibility in front of them, so had no way of backing out. 
I wasn't injured at all, not a single cut or bruise, just a lot of damage to the bike. I don't think he realised how expensive bikes can be when he offered to pay for the repairs. New wheels and crankset came to over £300 but he did pay up within a week.

But as you appear to have some minor injuries, I would go through the CTC lawyers.

Get yourself some rest, then get back on the bike as soon as possible.


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## Tubbs (24 Sep 2009)

Lazy-Commuter said:


> Yeah, it's easy for those of us who weren't there to be wise on your behalf ain't it. Sorry, I didn't mean to sound preachy!!
> 
> No shame in crying. Or going off on one. A combination of shock and adrenalin excuses all sorts of behaviour.





That's OK I didn't think you were being preachy at all. Every time I have a near miss I wonder what I could do differently, even when it's not my fault - but this time there was nothing, it was just one of those things. I'm more bothered about getting my bike checked out now so I can get back on it ASAP. 

btw To pursue it through CTC they want five year membership upfront, which I don't have at this very moment. They said the same solicitors would pursue it privately (no win no fee) and they would get in touch in the near future. Not sure whether there is a difference?


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## swee'pea99 (24 Sep 2009)

Lazy-Commuter said:


> Yeah, it's easy for those of us who weren't there to be wise on your behalf ain't it. *Sorry, I didn't mean to sound preachy!!*



+1. Truth is, no matter how careful you are, sometimes there really is nothing you can do.


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## fossyant (24 Sep 2009)

Just use CTC's solicitors direct, or go via British Cycling's solicitors Leigh Day, again direct.

You'll have to sign an agreement, but should still get it no win no fee once they have assessed the accident circumstances. For members it protects you even if you are at fault.


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## BentMikey (24 Sep 2009)

+1 to joining the CTC and going their solicitor route.


Otherwise, nothing to add but sympathies and a virtual hot cuppa.


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## karlos_the_jackal (24 Sep 2009)

I do partially come from the other side as a risk and insurance manager, and we have a fleet of about 250 odd vehicles plus loads of hire cars at any one time. 

I would say do what makes you feel happy. Don't necessarily get in touch with solicitors straight away. Any solicitors worth their while will sometimes delay actions against the third party. When we have somebody looking to claim against us as an individual, we have off the record conversations stating they should see solicitors if it is a serious injury. They should also wait for full evaluation of the injury to come out. Luckily for you it doesnt seem any permanent damage but that could be adrenaline changing it. (most of the claims against us were made worse by NHS treatment)

What i would say is write a statement about the event yourself tonight and also if your ok to go and take photos of the area at around about the same time. Also take a photo of your bike as it is. Evidence helps things go through so much quicker. Lawyers make money by no information and sending letters back and forth, thats what also delays. You've got three years to claim for personal injury also.

Their shouldnt really be a liability issue on this though.


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## Twenty Inch (24 Sep 2009)

I'd only add to keep the ibuprofen beside the bed for the next couple of nights. You'll stiffen up overnight and will be in agony in the morning - take a couple of pills and wait until they get going before getting up.

And you are quite entitled to take a couple of days of work. A) you'll physically need them,  you've been through a really nasty accident and will be emotionally wobbly for a day or two, C) daytime TV - what more needs to be said?

Glad you're ok.


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## Tubbs (24 Sep 2009)

Twenty Inch said:


> you've been through a really nasty accident and will be emotionally wobbly for a day or two, C) daytime TV - what more needs to be said?
> 
> Glad you're ok.



Yes I'm definitely emotionally wobbly and teary at the moment, I'll see how I feel tomorrow and might just take another day off. 

I'm only glad this didn't happen in my first month or so of cycling when I was nervous and shaky anyway - I don't think I'd have got back on. Now, though I may well be a bit nervous at first but I don't feel I have a choice - I have to get back on. I can't go back to getting the bus - no chance.


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## Twenty Inch (24 Sep 2009)

Tubbs said:


> Yes I'm definitely emotionally wobbly and teary at the moment, I'll see how I feel tomorrow and might just take another day off.
> 
> I'm only glad this didn't happen in my first month or so of cycling when I was nervous and shaky anyway - I don't think I'd have got back on. Now, though I may well be a bit nervous at first *but I don't feel I have a choice - I have to get back on.* I can't go back to getting the bus - no chance.



You'll be ok.


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## Will1985 (24 Sep 2009)

Textbook side road crash - sounds like you were T-boned, while I hit a car which was trying to cross a DC. You shouldn't worry about a thing - middle of the lane and on the dual carriageway with right of way. Solicitors will sort it out.

Glad to hear you are relatively unscathed. Immediately afterward the adrenaline kicks in and you don't notice any injuries. I'd wait for the police to get a full statement off you - they'll also ask if you wish for them to prosecute her for driving without due care and attention or similar...then talk to the solicitors. The legal process is so drawn out that 24 hours delay won't make much difference.

I wasn't aware you could contact solicitors directly. I was already in contact with them for a previous case when my T-bone accident happened in January. They told me to contact BC so it was logged and then the same people at Leigh Day could call me up.


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## classic33 (24 Sep 2009)

If your able get a map (copy) & mark down on it where you were when you first noticed the vehicle & where you were when the collision took place. This is your position on the road at the time and that of the other vehicle in relation to you.
Make a written record, give you something to do whilst your getting over it, of the above & also weather & road conditions at the time. Also who said what, don't be afraid to put down what you said or the other person said at the time. Make sure you print a copy of.
If possible get photographic evidence of the scene & your bike. This will serve two purposes, one as evidence, you can tie it in with map. Also it will aid you in remembering later what the area looks like. Describing a junction is one thing, it can look very different in a picture.

Done by me after being hit by a drink driver coming out of a junction. His version of events changed a number of times whilst waiting for the case to be settled. I had the one version of events & stuck with that.


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## Tubbs (24 Sep 2009)

Good advice - thanks. I can get a picture from Google maps of the exact road, so I'll print that off and mark it up. I'm writing everything out now while it is still fresh in my mind. Some of my words were not very ladylike...


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## DLB (24 Sep 2009)

i had a similar experience last september. i got hit from behind at about 20-25 mph while i was going slowly uphill. the driver did stop, apologised and even took me back home (my bike was unrideable). i got checked out at the local hospiital and phoned a 'no win, no fee' solictor from the yellow pages. took about 9 months but i did get a nice sum of money.

As advised you could use ctc (i have since joined them)


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## fossyant (24 Sep 2009)

Ah, thought you were a fella...sorry, crying is allowed then...sorry..

You've done everything right so far.

Don't get put off, you will be nervous for a while, I was, felt myself jump sideways 2 feet each time a car pulled out.....


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## Tubbs (24 Sep 2009)

fossyant said:


> Ah, thought you were a fella...sorry, crying is allowed then...sorry..
> 
> You've done everything right so far.
> 
> Don't get put off, you will be nervous for a while, I was, felt myself jump sideways 2 feet each time a car pulled out.....



Nah I still probably acted a little hysterically, even for a girl  - as soon as I saw a kid leaning out of the window I calmed down a bit and apologised for swearing. First time I've come off - I've not even had a puncture yet so was feeling pretty smug until today. 

I won't be put off - getting a bike is one of the best things I've ever done. I'm already looking at what to bike to buy next.


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## classic33 (24 Sep 2009)

Tubbs said:


> Good advice - thanks. I can get a picture from Google maps of the exact road, so I'll print that off and mark it up. I'm writing everything out now while it is still fresh in my mind. Some of my words were not very ladylike...



Why does that matter? If you put down what was said by you, at least your being honest & at a later date you can look back over what you said instead of saying _I think_ you said this. Can be seen as possibly altering what you said. 
If this all seems a bit too much, I'm only going on what happenned with myself. My first copy made very little sense to anyone who read it. I knew what it meant & made certain that the printed version made sense to anyone who read it.
speed up/slow down L/R him/me?


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## fossyant (24 Sep 2009)

classic33 said:


> Why does that matter?



Might seem too much...but folk change their minds.....

Driver's eye view......







Me....






Both taken after the event....in different weather conditions..... "driver didn't look"............DO NOT WORRY - ASK ON HERE............


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## fossyant (24 Sep 2009)

Tubbs....you reacted fine..... don't get upset.... 

I'm sanctioned....... (erm nuts.....) - been doing this stuff from, 15 - got into a club, got my ass kicked.....etc...... Raced, fell off and stuff..etc..and have been run over a few times...never mind....eh...... .....fair few on here have got better 'trophies' than me..........

Hence, ask on here.................


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## Crankarm (25 Sep 2009)

Tubbs said:


> That's OK I didn't think you were being preachy at all. Every time I have a near miss I wonder what I could do differently, even when it's not my fault - but this time there was nothing, it was just one of those things. I'm more bothered about getting my bike checked out now so I can get back on it ASAP.
> 
> btw To pursue it through CTC they want five year membership upfront, which I don't have at this very moment. They said the same solicitors would pursue it privately (no win no fee) and they would get in touch in the near future. Not sure whether there is a difference?



I wasn't that impressed with the CTC's RJW. I went with CycleAid who advertise in the back of Cycling Weekly or on the main page of the CW website. Simon Holt and Co are the solictors. They took me on a no win no fee agreement. On the whole they were ok although they had their moments over the 4 years.

I too was knocked down in similar circumstances to you with similar injuries. My left side and hip were pretty badly mashed up though and I spent a couple of nights in hosiptal. I had quite a few injections of pain killers administered by a matronly nurse whielding a huge syringe the size of a cricket bat into my side the first night IIRC. The nurse said I was not with it. My bike was quite badly damaged though although this was readily sorted. The other side's insurer didn't argue too much as well their insured didn't have a leg to stand on. I got just over £20k in the end using CycleAid Simon Holt & Co. It took about 4 years though. Liability wasn't an issue as just like you the driver drove staight into me. He was convicted of driving without due care and attention which helped my civil action against him no end. That was quite quick. The time rolls on if injuries have an uncertain prognosis.

You might also be suffering some PTSD. Given the shock and fear it has clearly caused you this is only reasonable. If you sign up with a solicitor ie CycleAid they have specialists nationally that you can visit for assessment. Plus as others have said get down to your GP asap to get everything recorded. Take lots of pics frequently particularly when any bruising becomes really intense as trapped blood in soft tissue breaks down makes for dramatic pics. The other's insured wanted to see the ones I took as well as the medical reports from the specialists I visited.

Don't get back on your bike too soon if your are not healed or are still too scared. This will all add to the civil action you will bring against the other driver. You can claim for any reasonable costs such as transport in the meantime as you haven't been able to cycle either through injury or your bike has not been repaired. Hopefully the plods will prosecute her and she is convicted which will mean liabilty will not be in dispute.

Any witlesses on your side?

They make things a lot easier if they can say she drove straight into you.

You only get one chance so make sure you claim for eveything you can. The solicitors should tell you what you can claim for. You might also need physio which can be expensive if you want a decent chance of a full recovery. The NHS sessions proved inadequate for me so in the end went private which the other side paid for. This is where a good solicitor experienced in PI and preferably cycling cases is essential.

Any probs - come back on here. Some one whose been through a PI claim will be able to help.

Good luck and heal well.


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## BentMikey (25 Sep 2009)

Another solicitor that I see recommended a lot is Bikeline - Alyson France.


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## Alien8 (25 Sep 2009)

When I was taken out by a SMIDSY last year I used Alyson France Solicitors (http://www.bikeline.co.uk/) who advertise as Bikeline in the mags. I found them very efficient - although mine was an open-and-shut case. I also contacted RJW (I wasn't a member of CTC) at the time and didn't find them amenable at all.

Good luck etc.


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## ACW (25 Sep 2009)

> I do partially come from the other side as a risk and insurance manager, and we have a fleet of about 250 odd vehicles plus loads of hire cars at any one time.
> 
> I would say do what makes you feel happy. Don't necessarily get in touch with solicitors straight away. Any solicitors worth their while will sometimes delay actions against the third party. When we have somebody looking to claim against us as an individual, we have off the record conversations stating they should see solicitors if it is a serious injury. They should also wait for full evaluation of the injury to come out. Luckily for you it doesnt seem any permanent damage but that could be adrenaline changing it. (most of the claims against us were made worse by NHS treatment)




Really! so next time you break your leg just leave it as it is after all the nhs will probably only make it worse, or do you mean the evidence gathered by the nhs made the claim payout worse. don’t take this advice get a solicitor ASAP if you get knocked down any delay may be considered as it wasn’t that bad.

Andy


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## HobbesChoice (25 Sep 2009)

Hello Tubbs - I hope today hasn't brought too much extra discomfort from your injuries . How are you feeling?

I have no advice to offer regarding making a claim as I'm still in the lucky minority but what I would say is that if you feel wobbly on your bike when you get back on or find that you're putting off getting in the saddle and commuting again then try some free cycle training to increase your confidence again. http://www.cycletraining.co.uk/ 

After commuting home for a few months I decided that all my maneouvres were based around what I consider to be correct but I personally decided to either get confirmation of that or be put straight on any pointers. Since the training my confidence is so much better and my enjoyment of cycling has drastically increased to the stage where I've gone from being a 10 mile a day cyclist on safe paths to a 36 mile a day cyclist in any weather and on London roads.

I don't think for a second the accident was your fault (it obviously wasn't your fault at all) or that you "need" training because from what I've read you sound very competent, so please don't think I'm telling you that you need training. I'm just saying that after I did some training my confidence shot up and my enjoyment of cycling shot up with it and hopefully, if you find the accident has put a little cloud over your cycling experience then maybe some training will help your confidence levels too?

Anyway, I really do hope you're feeling ok today and that your injuries aren't giving you too much trouble.


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## I am Spartacus (25 Sep 2009)

fossyant said:


>



By the way .. how was yours dealt with by BC....?
I too have the silver membership... just hope never to have to call upon the no fault benefit....(( or even 'at fault'))


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## Landslide (25 Sep 2009)

Twenty Inch said:


> I'd only add to keep the ibuprofen beside the bed for the next couple of nights. You'll stiffen up overnight and will be in agony in the morning - take a couple of pills and wait until they get going before getting up.
> 
> And you are quite entitled to take a couple of days of work. A) you'll physically need them,  you've been through a really nasty accident and will be emotionally wobbly for a day or two, C) *daytime TV *- what more needs to be said?
> 
> Glad you're ok.



Ouch!!! Can you claim extra damages for the resultant stress and trauma?


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## classic33 (25 Sep 2009)

fossyant said:


> Might seem too much...but folk change their minds.....
> 
> Both taken after the event....in different weather conditions..... "driver didn't look"............DO NOT WORRY - ASK ON HERE............



The "*Why does that matter?" *relates to her saying some "*words were not very ladylike..."*

As for anything else said, its what I did in a similar incident. Shoved sideways by a car coming out of a junction taking me with it on the bonnet.

Photos taken after the incident will seldom be in the same conditions, which is why writing down what the conditions, weather & traffic, were like at the time is important.


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## Grendel (25 Sep 2009)

I had a period where I had three near misses and a collision in the space of a few weeks. In one case white van man missed me by an inch or two, in another a young woman driving a Chelsea tractor cut right across me while waving to her pals in the street. In that case I managed to avoid her, and turned and went back and gave her a piece of my mind. Seeing that she was local and her friends were nearby I ended up being threatened, then when I left I was followed in a car by her father, who wanted to "have a word". He was looking for an excuse to hit me, but needed to be seen not to hit first, and I didn't give him the chance. After talking to him and explaining how his daughter had narrowly avoided having me under her wheels he was fairly sympathetic, saying "well, you know what woman drivers are like....".
Immediately following that I invested in a new *HI-VIS* jacket, and was wearing it when I was hit by a car at a junction, who had cut over the lines as he turned. I was approaching the give way lines at the time, and he hit me at low speed, stopping immediately, and I ended up on the bonnet of his car. I was slightly angry and banged on the bonnet of his car, and called into question both his parentage and his ability to see. He was unhappy at this as I may have damaged his car.
His wife was in the car and managed to convince him that he was actually in the wrong (and looking back, having recognised the guy, he had possibly been drinking). There were no injuries sustained, and no damage to the bike, so I let it go, but with hindsight, in future I'll just go straight onto the phone.


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## jonny jeez (25 Sep 2009)

HobbesChoice said:


> Hello Tubbs - I hope today hasn't brought too much extra discomfort from your injuries . How are you feeling?
> 
> I have no advice to offer regarding making a claim as I'm still in the lucky minority but what I would say is that if you feel wobbly on your bike when you get back on or find that you're putting off getting in the saddle and commuting again then try some free cycle training to increase your confidence again. http://www.cycletraining.co.uk/
> 
> ...



Well said.

And a good point, its worth doing "whatever it takes" to help get your confidence back , if you need to.

I would also add that, despite one or two mentions, I dont find "off's" to be a regular occurance at all, so dont be too put off in thinking that this will happen again.....some of us escape unscathed!


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## Tubbs (25 Sep 2009)

Landslide said:


> Ouch!!! Can you claim extra damages for the resultant stress and trauma?



 I was wondering if I could claim extra damages for the probable resultant weight gain - I'm still eating like I'm commuting 15 miles a day - well more actually! 

I've been to see my GP this morning, primarily to get some stronger pain killers for my back - which is a lot worse today, but also to get my injuries recorded. Woke up with a few new bruises and aches but hopefully nothing that won't clear up in a week or so. 

Regarding the cycling training, I will definitely think about it if my confidence is too low. When I first started commuting though I had no confidence at all and I went a slightly different route to work (which misses out the section I was hit plus a big roundabout and a spot where I have to change lanes on a dual carriageway). I did this for a few weeks until my confidence built up so I can always do that again - plus I have a friend who is a more experienced cyclist so I can get him to come out with me a couple of times first. 

I actually think I'll be fine though - it seems like less of a big deal today, especially after reading others' stories of similar incidents. Just a car knocking me off my bike - I'm not seriously injured, my bike should be fine after a few tweaks at the shop and I now know what it feels like to come off my bike... surely it will only make me stronger.


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## jonny jeez (25 Sep 2009)

Tubbs said:


> I actually think I'll be fine though - it seems like less of a big deal today, especially after reading others' stories of similar incidents. Just a car knocking me off my bike - I'm not seriously injured, my bike should be fine after a few tweaks at the shop and I now know what it feels like to come off my bike... surely it will only make me stronger.



Good attitude...I can tell your gonna be just fine


You mentioned that you avoided the section of road originally......I have increased my route by quite a chunk to avoid a really built up section of road (along earls courts) it wasnt too bad but i just felt that exposeing myself to that each day (_that sound's so wrong!)_ was just increasing my chances of an incident.

I guess I prefer to practice "agro-avoidance" whenever practical...


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## fossyant (25 Sep 2009)

I am Spartacus said:


> By the way .. how was yours dealt with by BC....?
> I too have the silver membership... just hope never to have to call upon the no fault benefit....(( or even 'at fault'))



The way it works, you phone BC's helpline, they take details, log it, and pass to Leigh Day. Leigh Day then call you back and you get a 'pack' to fill in - medical requests etc etc.

The area where things let the process down are...guess........ the NHS, from delays getting appointments to being really slow to respond to requests for reports. The solicitors have been fine, but they have had to chase the GP and Hospital for data - hence why things can take an awful long time.

They have recovered bike damage costs and about £1k of physio on interim payments for me, although the 3rd party's insurers are holding onto another £1k of physio costs...frightening amount of money, but it was the best way of getting fixed - NHS physio...no chance...even the doctor said "go private if you want it fixing".


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## BentMikey (25 Sep 2009)

Tubbs said:


> Regarding the cycling training, I will definitely think about it if my confidence is too low.



Do it even if your confidence is high. I'm sure you'll learn a lot from it, I certainly did. Highly recommended.


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## dellzeqq (25 Sep 2009)

jonny jeez said:


> Sorry to appear negative...But she wont.


I make you right.....


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## Tubbs (12 Oct 2009)

dellzeqq said:


> I make you right.....



The driver's insurance company has left me a couple of messages asking me to call them to "check I am OK and see if there is anything they can do for me"... I'm not sure how these things work but it sounds like she has told them the truth - otherwise they wouldn't bother would they? I've not spoken with them yet as I was waiting to speak to my solicitor (RJW), who still haven't got back to me despite a couple of follow-up calls from me. 

My back is still pretty bad, but I went for a ride for the first time this weekend 8 miles on Saturday and 26 miles yesterday - both times with my friend so not alone - my back hurts a lot but no more than it did before. 

I wasn't sure whether I was ready to commute alone but a local bus strike made my decision for me... so this morning I braved the rush hour and cycled in. Despite having an overwhelming urge to stop whenever a car was coming out of a side road when I had right of way, it didn't go too badly. 

I had an incident with a coach entering the bus lane I was in - I had just looked behind and saw it approaching - it didn't seem to be giving me enough room at all - as if I wasn't even there - so I moved more over the left and it was still uncomfortably close. 

Then a nice incident! There is a section of my commute with three lanes of traffic - I need to get into the right-hand lane to turn right. The road is quite busy and was particularly so this morning so you do have to be quite assertive - but feeling a little bit nervous I was waiting for a bigger gap in the traffic. A bus approached me from behind and the driver must have seen that I was trying to change lanes - he then moved into the middle lane and slowed right down so I could go in front, then did the same again for me to get into the right hand lane. As he was passing he smiled and waved - I waved thanks back and forgot all about the daft coach driver from earlier. 

Good to be back!


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## ChrisKH (12 Oct 2009)

The driver's insurance company will not be acting in your best interest; they will seek to reduce the effect of any claim on her/them by getting you to deal with them directly and reach a (smaller) settlement. Do everything through your insurance company/lawyer is my advice.


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## Twenty Inch (12 Oct 2009)

ChrisKH said:


> The driver's insurance company will not be acting in your best interest; they will seek to reduce the effect of any claim on her/them by getting you to deal with them directly and reach a (smaller) settlement. Do everything through your insurance company/lawyer is my advice.



What he says.

"How are you feeling?"

"oh, I'm fine, really...."

Sound of folder closing and insurance claims adjuster smiling...


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## belairman (12 Oct 2009)

you've done the right thing, dont speak to anyone until you have spoken to your solicitor, but I agree with the last two posters, I dont think you should deal with the insurance company direct at all. They are only trying to reduce what they have to pay out, sad fact but this is how insurance works. They are not on your side.


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## Tubbs (12 Oct 2009)

Yeah that's what I thought. I will leave it to the solicitors, if I ever get to speak to them. 

I also have an appointment with a specialist about my back tomorrow so I need to wait to see how that turns out. 

Anyway, made it home with no major incidents and felt more confident than this morning so all good.


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## tricyclista (12 Oct 2009)

Just been reading through all of this thread - so sorry about your accident. 

I like the story of your friendly bus driver, nice to know not all bus drivers are maniacs  I used to commute to university and work in Manchester and was pretty dubious about the sanity of lots of them - especially at busy times on Oxford Road!

Good luck with your claim and hope all goes well with the back specialist tomorrow!


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## Tubbs (12 Oct 2009)

tricyclista said:


> Just been reading through all of this thread - so sorry about your accident.
> 
> I like the story of your friendly bus driver, nice to know not all bus drivers are maniacs  I used to commute to university and work in Manchester and was pretty dubious about the sanity of lots of them - especially at busy times on Oxford Road!
> 
> Good luck with your claim and hope all goes well with the back specialist tomorrow!



Thank you! Fortunately I don't commute down Oxford Road but I know a few people who do - my friend has had to jump off onto the pavement a couple of times because buses have forced her off the road. I am quite lucky coming from Bolton and I've had a few really good experiences with bus drivers... I can travel all the way to work alongside the same bus so I always try to build up a bit of a rapport with the drivers and find most of them really courteous and friendly. I get the odd one passing closely but other than that I've been really impressed with them - so much so I might write to the bus company to praise them on their drivers.


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## Perry (13 Oct 2009)

Loads of great advice on here, from my experience I'd say get a log of all the calls you make and recieve including any letters and emails too.

If you were commuting, your employee my be able to cover you under thier insurance.

Glad you're not too badly hurt.

PS Welcome!


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## skudupnorth (13 Oct 2009)

Just picked up this thread .I commute to Bolton and am licking wounds from my hit and run last Thursday.I need to get back on the bike ASAP but my knee is just a big scab at the moment so it is a pain to ride.
Hope all goes well,looks like the Northern section is getting it now !


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## Tubbs (13 Oct 2009)

skudupnorth said:


> Just picked up this thread .I commute to Bolton and am licking wounds from my hit and run last Thursday.I need to get back on the bike ASAP but my knee is just a big scab at the moment so it is a pain to ride.
> Hope all goes well,looks like the Northern section is getting it now !



Yeah I read that - mine happened on the way into Manchester but yeah it's happening a lot up here lately.

Doctor told me not to ride my bike so I'm gutted about that, got to have a scan  - Glad I've been back on though - I think I needed to get that out of the way before I worked myself up too much.

Hope you heal and get back on soon - it's so depressing not being able to ride isn't it?


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## skudupnorth (13 Oct 2009)

Tubbs said:


> Yeah I read that - mine happened on the way into Manchester but yeah it's happening a lot up here lately.
> 
> Doctor told me not to ride my bike so I'm gutted about that, got to have a scan  - Glad I've been back on though - I think I needed to get that out of the way before I worked myself up too much.
> 
> Hope you heal and get back on soon - it's so depressing not being able to ride isn't it?


Too right,you know what the traffic is like in Bolton,i hate being trapped in that every day.I feel a bit lucky as i did not do any back injuries,just legs and arm so i hope to be back very soon.
Good luck mate,we will keep each other posted on results ! RACE !!!!


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## Crankarm (14 Oct 2009)

Tubbs said:


> Yeah I read that - mine happened on the way into Manchester but yeah it's happening a lot up here lately.
> 
> Doctor told me not to ride my bike so I'm gutted about that, got to have a scan  - Glad I've been back on though - I think I needed to get that out of the way before I worked myself up too much.
> 
> Hope you heal and get back on soon - it's so depressing not being able to ride isn't it?



Whilst returning to cycling asap is the preferred course of action doing so before you have been fully checked out medically and before any treatment such as physio has been commenced is not a great idea. For one it will reduce the credibility of the severity and extent of your injuries. If the insurer decides to do a stake out and observes you cycling around in an apparently 100% mobile state you aren't going to get very far, plus it's really fraud. If you are genuinely in pain I would wait for your medical prognosis and any treatment. Soldiering on trying to cycle when you are genuinely injured and suffering is not the brightest move.


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## Twenty Inch (14 Oct 2009)

What crankarm says. Good you've got back on and got over that hurdle, but leave it for a while. No need to be macho these days.


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## Tubbs (14 Oct 2009)

Thanks for the advice.

I won't be claiming for anything I am not entitled to and if I am capable of riding my bike I will be honest about it - I'd rather get back to normal and cycling again as quickly as possible than claim for an extra few quid. I thought exercise might help loosen it up - it hasn't made it any better though (or worse).

The doctor thinks I should wait until after the scan though so that's what I'll do.


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## Twenty Inch (14 Oct 2009)

Tubbs said:


> Thanks for the advice.
> 
> I won't be claiming for *anything I am not entitled to* and if I am capable of riding my bike I will be honest about it - I'd rather get back to normal and cycling again as quickly as possible than claim for an extra few quid. I thought exercise might help loosen it up - it hasn't made it any better though (or worse).
> 
> The doctor thinks I should wait until after the scan though so that's what I'll do.



Noble, but misguided.

You're now in a business negotiation with the insurance company. Their aim is to pay out as little as possible. The only way for you to counter this is to claim for as much as possible, without lying in bed for a year pretending you're paralysed. And anyway, what's "capable of riding your bike" actually mean? 300 yards round the park? Because that's what the insurance company will assume.

I was hit by an uninsured driver and the case went to the MIB. I didn't have a particularly good lawyer and it dragged and dragged. After 4 years the MIB offered me £5000 to go away. I took it, but I wish I had dug my heels in, as guess what? The injuries are still making themselves felt, 8 years later.

So don't be too noble about this. Make the bugger pay. Think of it like this - the more you get from his company, the more his premiums go up and the more careful he'll be around cyclists in future.

Best of luck


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## Crankarm (14 Oct 2009)

Twenty Inch said:


> Noble, but misguided.
> 
> You're now in a business negotiation with the insurance company. Their aim is to pay out as little as possible. The only way for you to counter this is to claim for as much as possible, without lying in bed for a year pretending you're paralysed. And anyway, what's "capable of riding your bike" actually mean? 300 yards round the park? Because that's what the insurance company will assume.
> 
> ...



If only it were that simple. His premiums may go up initially but after 4 years and no more claims he would be back down to max 4 years NCD. The majority of the cost of his claim will be born by all insureds, not just him, so we all pay indirectly for this driver's dangerous driving. He/she may also be driving on company insurance which would mean the customers of the company would ultimately pay as insurance is an overhead built into the cost of goods and services.


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## Twenty Inch (14 Oct 2009)

Well, I was looking for some weaselly quasi-moral justification that would let Tubbs feel good about soaking the guy. You've spoiled it now.


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## Crankarm (14 Oct 2009)

Twenty Inch said:


> Well, I was looking for some weaselly quasi-moral justification that would let Tubbs feel good about _*soaking the guy*_. You've spoiled it now.



Look it from the point of view that you are trying to obtain compensation for damage to your properties and your injuries. Property damage is a specific sum whereas personal injury is unspecified damages and unlike in the USA is set at measly low rates as a matter of public policy. Claim for eveything you can get in my books. If you are able to in law and your claim is truthful then go for it IMHO. You only get one chance. As you say when you are still getting pain and suffering 8, 10, 15 or 30 years later you will wish you have got as much as you can or alternatively be put in the position before you incurred your injuries and were in rude health and full fitness.


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## Twenty Inch (14 Oct 2009)

See, you said it much better than me. Tubbs, listen to Crankarm.


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## Tubbs (14 Oct 2009)

Thank you. Again.

I hadn't really thought about future effects of injuries - I guess the quick scan will be helpful in assessing this. 

I will make sure I include everything I possibly can (without committing fraud!).. If nothing else, I am extremely put out and inconvenienced by it all, whilst being grateful and relieved I am OK and I have no serious injuries of course. I was running, cycling or going to gym every day before this and the lack of exercise now is depressing and frustrating. I'm going to Australia in five weeks so travelling with a bad back (and excess weight ) won't be fun. And don't get me started about public transport!


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## Twenty Inch (14 Oct 2009)

...and the cost of physio, taxis, said public transport etc. etc. Keep ALL the receipts.

Best

TI


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## Crankarm (14 Oct 2009)

Twenty Inch said:


> ...and the cost of physio, taxis, said public transport etc. etc. Keep ALL the receipts.
> 
> Best
> 
> TI



Yup keep all receipts or costs for alternative arrangements you had to make which had you NOT been knocked off you would not have made. However there is a but and big but, you must mitigate your losses and not take the michael as all your costs will be scrutinised as to whether they are indeed reasonable and recoverable. If you went to court and you were taking the peee it would be easy for the other side to bring this to the judge's attention and he may well side against you. Plus your own solicitor if they were any good would advise about the content of your claim and advise against claiming for vexatious costs. Unfortunately people are seriously injured and end up paralysed and having their lives and livelihoods irrepairably changed so damages awards are large to reflect this especially if they were very high earners. Basically the law says you should not benefit but be compensated to the extent that you are put back in the position you were just prior to you being knocked off your bike. Sometimes on going specialist care costs and loss of earnings can make awards very large. Somehow I don't think your injuries are in this category. A good solicitor will be able to advise you accordingly.


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## Tubbs (17 Mar 2010)

Update: I got a letter from the police this morning - the lady attended a Driver Alertness Course as an alternative to prosecution. I'm absolutely over the moon with the way the police dealt with it and with the outcome. She seemed like a nice lady and never once tried to blame me even though there were no witnesses, she seemed genuinely sorry. I'm glad she wasn't prosecuted - I think being made to attend the course is exactly the right decision.

The scan on my back revealed a slipped disc which I was told would take anything between 6 weeks and 6 months to recover. I was very lucky and recovered quite quickly - I did the odd commute and bike ride after 6 weeks weeks and back to commuting full time by New Year. All good!


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