# Bike incident this morning - seeking advice



## ekbe01 (5 May 2016)

Hi hi, I've just been in an incident and would like to understand the potential consequences.
The incident happened on an unregulated intersection, I was moving straight, and the car was turning right from an oncoming line.
I'm not injured. My bike is damaged, as well as the car involved in the incident (his front bumper and left door). There were several witnesses, but no one left their contact details.
The driver says it was my fault and was going to file a claim against me. Hmm...
The driver took my bag and searched it (!!) trying to find my ID.
A police car was passing by and stopped. I don't know what exactly the police registered in their files, but I have a CAD number, the driver's details and a photo of his car (showing the number and damages).
I would like to understand whether the driver can file a claim against me, and what I can do to protect myself.
Also, don't know whether I should visit a hospital, I'm still shaking.
Will really appreciate your advice.
Kat


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## Tim Hall (5 May 2016)

That sounds like a Bad Thing. From what you say it sounds like the driver is talking through his hat - if he's turning across the line of traffic he should give way to the traffic he's crossing. And as for searching your bag! 

It's a shame you didn't get the witness details. Did the police get any? Get in touch with them and see what they say. 


(Daft question: are you in the UK? Some of your language has a transatlantic feel to it, and if you are in the US local laws could well be different)


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## Milkfloat (5 May 2016)

Welcome to the forum, a shame you could not be here under better circumstances.
Are you able to link to a good map / streetview to explain where you and the car were? I assume in the reference to a CAD number that you are in London?


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## arallsopp (5 May 2016)

ekbe01 said:


> I've just been in an incident and would like to understand the potential consequences.
> [...]
> Also, don't know whether I should visit a hospital, I'm still shaking.



Until you've been to hospital, you won't really know what might be the most significant potential consequences. I say if there's any doubt at all, get yourself checked out. It will put your mind at rest if nothing else, and if there are consequences along the line, having a medical record to point back to will only help.

Sorry to read this.


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## mjr (5 May 2016)

Also seen at http://forum.cyclinguk.org/viewtopic.php?f=7&t=105825 and I broadly agree with the advice given there. Good luck!


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## ekbe01 (5 May 2016)

Thanks for all your comments.
In a hospital now, getting checked. Will post a link to a map later today.
I am in London. I'm a foreigner, that might explain my language )


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## Tim Hall (5 May 2016)

ekbe01 said:


> Thanks for all your comments.
> In a hospital now, getting checked. Will post a link to a map later today.
> I am in London. I'm a foreigner, that might explain my language )


Good move going to hospital. Sorry you had such a bad welcome to London.


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## ekbe01 (5 May 2016)

Lisson Grove and Broadley Terrace, NW1
https://goo.gl/maps/AkyDENtgFHA2
I was going south on Lisson Grove (very close to the pavement), and the car was going north and turning right to Broadley Terrace.


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## Milkfloat (6 May 2016)

Well in terms of priority you were in the right and he should not have turned. Technically he can make a claim against you, but it is incredibly likely to fail at the first hurdle. Seeing as you have suffered loss, I would contact someone like http://www.slatergordon.co.uk/personal-injury/cycling/ and see what they have to say. Hopefully the police got some witness statements.


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## ekbe01 (6 May 2016)

Thank you. And thanks to all of you for all your support.
The police came much later when the witnesses disappear - I don't know if any of them contacted the police themselves (and don't know how to check it).
Wd love to know if there's a camera there - might be a good idea to have a look of the incident again and understand my mistake (mistake no.1 - not wearing a helmet)


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## mjr (6 May 2016)

ekbe01 said:


> (mistake no.1 - not wearing a helmet)


That is not a mistake, but discussion will have to be over in https://www.cyclechat.net/threads/the-cyclechat-helmet-debate-thread.187059/


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## machew (6 May 2016)

1) Take a photo of the road with any signs or road markings visible.
2) Take a photo of your bike, highlighting any damage, with ruler for scale
3) Take a photo of any injuries, again with ruler for scale
4) Write down what happened and store this safely
5) Contact a solicitors who deal with cycling accidents


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## ekbe01 (6 May 2016)

thank you.
(1) google street view?
(2) and (4) done
(3) no visible injuries. concussion.
(5) talked to solicitors - they only take cases with injuries involved. they're not interested in bicycle damages )


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## fossyant (6 May 2016)

You can contact his insurers direct.

Turning right across on-coming traffic - you have right of way. Same thing happened to me in November, although my bike got away with it, I didn't.

The driver is in the wrong. Has he supplied contact details ?


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## Spinney (6 May 2016)

Google street view might be out of date.


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## Tim Hall (6 May 2016)

ekbe01 said:


> thank you.
> (1) google street view?
> (2) and (4) done
> (3) no visible injuries. concussion.
> (5) talked to solicitors - they only take cases with injuries involved. they're not interested in bicycle damages )


Except you were injured. Concussion, it's a serious thing.


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## ekbe01 (6 May 2016)

fossyant said:


> You can contact his insurers direct...
> Has he supplied contact details ?


Yes, I've got his contact details and a photo of his car.
How do I contact his insurer?


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## toontra (6 May 2016)

That must have been a horrible experience - firstly the accident and then having to deal with an aggressive driver. As others have said he is clearly in the wrong from your description, and asking to look in your bag is totally out of order, and probably illegal.

Well done for getting yourself to a hospital. It's too early to tell if you have any injuries because the adrenalin will be masking pain. Bruising will take hours/days to show properly, plus you will have suffered psychological trauma, something which is routinely compensated.

Can't help with how to go about contacting the driver's insurance - possibly the police will tell you, or failing that any solicitor can check. Good luck!


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## bikingdad90 (6 May 2016)

Although you weren't injured physically you bike has been damaged so you are off the road. 

Make sure you keep receipts and records of everything. Bus fares, lost earnings, inability to attend events, taxis etc. These records help add substance to any claim you make against him. 

I would reccomend keeping a photo diary. Takes photos if any bruising does occur and take further photos as it heals. 

@fossyant any further advice to add?


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## fossyant (6 May 2016)

ekbe01 said:


> Yes, I've got his contact details and a photo of his car.
> How do I contact his insurer?



You are going to need to ask him for them if you don't have a solicitor.

Check your household insurance to see if there is any legal cover. PS It's always a good idea to be a member of British Cycling or CTC for their solicitors help.

I didn't chase the driver as I had a solicitor that took up my case (major injury). If the driver refuses, then tell him you'll contact the police as individuals involved in accidents must hand over their details.

His insurer will pay up if you can get the details.


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## gavintc (6 May 2016)

It may be worth contacting British Cycling. Indeed , you may be able to join them now and retrospectively use their legal cover. 

*for BC consider CTC as well.


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## ekbe01 (6 May 2016)

[QUOTE 4267104, member: 9609"]He took your bag off you and searched it ? without your permission? Have you reported this to the police? this has to be a serious offence![/QUOTE]
That's correct. And I have a witness. I reported this to the police, but I don't know whether they registered it.



gavintc said:


> It may be worth contacting British Cycling. Indeed , you may be able to join them now and retrospectively use their legal cover.


Thank you. Will do.


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## ekbe01 (6 May 2016)

Just got a call from an insurance company. The car driver accepted the full responsibility for the incident, and they will cover bicycle repair and pay some compensation (don't know the amount, but happy he's accepted responsibility).
I think there's nothing else I'm going to do now. Waiting for the quote from a bicycle shop.
Thanks for all your support. Will join British Cycling ) and probably buy a helmet )


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## gavintc (6 May 2016)

ekbe01 said:


> Just got a call from an insurance company. The car driver accepted the full responsibility for the incident, and they will cover bicycle repair and pay some compensation (don't know the amount, but happy he's accepted responsibility).
> I think there's nothing else I'm going to do now. Waiting for the quote from a bicycle shop.
> Thanks for all your support. Will join British Cycling ) and probably buy a helmet )


I mentioned BC, I have been a member for years. Make sure you choose the one with legal cover. I think it is called Ride. But also look at CTC - similar concept.


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## Pat "5mph" (6 May 2016)

Welcome to CC @ekbe01.
I'm sorry to read about your crash, hope you're not too sore.
Wait before you accept settlement by the insurance, try to get your own solicitor too.
Maybe more damage to your body will be discovered in the next few weeks, so the compensation could increase. What if you can't work because you suddenly develop dizziness?
Take care!


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## growingvegetables (6 May 2016)

ekbe01 said:


> The car driver accepted the full responsibility for the incident,


Good. So he damned well should. Sorry - but the idea that HE was "going to file a claim", and HE rifled through your bag for ID ......... left me seething.


ekbe01 said:


> and they will cover bicycle repair and pay some compensation


Keep your receipts! Not just for the bike repairs, but ALL the "incidental" expenses incurred as well - transport while your bike is off the road, etc etc.


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## Karlt (6 May 2016)

ekbe01 said:


> Just got a call from an insurance company. The car driver accepted the full responsibility for the incident,



I expect once he contacted them and described the circumstances they made it pretty clear they had no option but to hold him responsible. God alone knows on what grounds he was initially blaming you.



> and they will cover bicycle repair and pay some compensation (don't know the amount, but happy he's accepted responsibility).
> I think there's nothing else I'm going to do now. Waiting for the quote from a bicycle shop.
> Thanks for all your support. Will join British Cycling ) and probably buy a helmet )



Don't accept any final offers for compensation for injuries until you're sure nothing else is going to emerge.


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## GrumpyGregry (6 May 2016)

Karlt said:


> I expect once he contacted them and described the circumstances they made it pretty clear they had no option but to hold him responsible. God alone knows on what grounds he was initially blaming you.


Car Driver vs More Vulnerable Road User? More Vulnerable Road User is always wrong, in opinion of Car Driver.

It's the law of the jungle.


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## shouldbeinbed (6 May 2016)

ekbe01 said:


> Just got a call from an insurance company. The car driver accepted the full responsibility for the incident, and they will cover bicycle repair and* pay some compensation* (don't know the amount, but happy he's accepted responsibility).
> I think there's nothing else I'm going to do now. Waiting for the quote from a bicycle shop.
> Thanks for all your support. Will join British Cycling ) and probably buy a helmet )



Get yourself checked out by a Doctor to be on the safe side and to ensure that any underlying problems (whiplash, joint damage....) that may continue for a long time get thought about and considered in any compensation claim. Sometimes it takes a while for the full extent of injuries to show through, I'm not suggesting faking it or trying to cheat the insurers for money, if you are perfectly well then good, but you need to be sure that you have an impartial overview just in case. After a very heavy car accident I ended up paying out near 3 x my total compensation figure in physio, chiropractic etc bills over a long time to get myself healthy and near pain free agin.

Ad for helmets, see earlier link, there is a long running conversation on them but just a quick thought : if you feel that you'll be safer wearing one in the future, go for it, but you're alive and well and clearly thinking and typing straight, after a collision, maybe its not your top priority to be thinking about right now.


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## subaqua (6 May 2016)

shouldbeinbed said:


> Get yourself checked out by a Doctor to be on the safe side and to ensure that any underlying problems (whiplash, joint damage....) that may continue for a long time get thought about and considered in any compensation claim. Sometimes it takes a while for the full extent of injuries to show through, I'm not suggesting faking it or trying to cheat the insurers for money, if you are perfectly well then good, but you need to be sure that you have an impartial overview just in case. After a very heavy car accident I ended up paying out near 3 x my total compensation figure in physio, chiropractic etc bills over a long time to get myself healthy and near pain free agin.
> 
> Ad for helmets, see earlier link, there is a long running conversation on them but just a quick thought : if you feel that you'll be safer wearing one in the future, go for it, but you're alive and well and clearly thinking and typing straight, after a collision, maybe its not your top priority to be thinking about right now.




This.


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## toontra (6 May 2016)

Just to back up what others have said - don't accept any offer yet. Better to wait and see if any injuries develop. Good that they've accepted liability though - that should make it a relatively straight-forward process.


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## classic33 (6 May 2016)

ekbe01 said:


> Hi hi, I've just been in an incident and would like to understand the potential consequences.
> The incident happened on an unregulated intersection, I was moving straight, and the car was turning right from an oncoming line.
> I'm not injured. My bike is damaged, as well as the car involved in the incident (his front bumper and left door). There were several witnesses, but no one left their contact details.
> The driver says it was my fault and was going to file a claim against me. Hmm...
> ...


https://www.cyclechat.net/threads/accident-advice.151618/ will give you somewhere to start from

I'd say the driver was in the wrong from the minute he took your bag and went through it. That's more like theft, and adds a new dimension to what had happened prior to that.


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## RoubaixCube (7 May 2016)

If you commute around london during some of the peak hours like i do - It pays to have a helmet camera or a small camera mounted to the bar & seatpost of your bike for insurance purposes - There are so many bad drivers on the roads and you never know when you'll be unlucky enough to have a 'run in' with one of them which unfortunately you already have.

Cameras dont need to cost the world, You can get some on amazon for £30-40 each decent mounts are probably between £5-10. Ive had issues with black cabbies randomly pulling out on me and in one instance i even got clipped in the arm by the wing mirror of an Addison Lee vehicle being driven stupidly fast.

Obviously its your own decision if you wish to get a camera(s). Sure it can be a hassle having to recharge it every 2-3 rides but it provides a solid peice of mind at the end of the day as you have footage of an idiot driver.


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## Hitchington (7 May 2016)

ekbe01 said:


> Lisson Grove and Broadley Terrace, NW1
> https://goo.gl/maps/AkyDENtgFHA2
> I was going south on Lisson Grove (very close to the pavement), and the car was going north and turning right to Broadley Terrace.


Lisson Grove is an awful road to ride down, for some reason car drivers turn into pricks on this road. Hope you're ok.


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## Tin Pot (7 May 2016)

That's a suspiciously fast turn around from the insurers isn't it?

@ekbe01 
Even the police are not allowed to do what he did, so although I can't quote the law, taking your bag and searching it is illegal.

Moreover it's a moral outrage, people like him need to be stopped and taught a lesson. I would encourage you to ask a solicitor for advice.


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## ClichéGuevara (8 May 2016)

I'm really sorry to read about your incident, and particularly the attitude of the other person involved. It was outrageous from start to finish. I'll be charitable and assume they were in shock, but all the same, to go through your personal stuff is disgraceful.

It's a relief to hear you've suffered no apparent physical damage, but I can well imagine you have some stress and anxiety to deal with,and wish you all the best with that. This is a good place to off load if you need to.

As for the bike, it seems the insurance company are on the job.

My question, if you don't mind me asking, is, how did the insurance company find out? Did the other person report it to them? It concerns me to think that someone has so little knowledge of roads that they expected their insurance to agree that they were right and pay out for their repairs.


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## ekbe01 (31 Aug 2016)

ClichéGuevara said:


> My question, if you don't mind me asking, is, how did the insurance company find out? Did the other person report it to them? It concerns me to think that someone has so little knowledge of roads that they expected their insurance to agree that they were right and pay out for their repairs.


The driver called them as soon as the incident happened, and then the insurance company called me (i didn't even know the name of his insurer)


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## snorri (31 Aug 2016)

ekbe01 said:


> The driver called them as soon as the incident happened, and then the insurance company called me (i didn't even know the name of his insurer)


Are you sure it was an Insurance company that phoned? Did they give a company name, quote a Claim number and give contact details? 
I'm astonished that any insurance company would be agreeing to payout on the same day that the incident occurred.


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## ekbe01 (31 Aug 2016)

snorri said:


> Are you sure it was an Insurance company that phoned? Did they give a company name, quote a Claim number and give contact details?


Yes, I'm sure.


snorri said:


> I'm astonished that any insurance company would be agreeing to payout on the same day that the incident occurred.


They called and accepted their client's responsibility several days after the incident. Paid about a month after it (and a week after I submitted all papers). They had a risk that the payment would increase dramatically if they didn't resolve the issue themselves ))


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## Spinney (31 Aug 2016)

Glad to hear it was all sorted out. Hopefully you didn't have any injuries that appeared later?


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## jonny jeez (31 Aug 2016)

ekbe01 said:


> Yes, I'm sure.
> 
> They called and accepted their client's responsibility several days after the incident. Paid about a month after it (and a week after I submitted all papers). They had a risk that the payment would increase dramatically if they didn't resolve the issue themselves ))


That's an amazing result for you.

Good

I suspect the fella wouldn't have searched your bag if you were a man, sounds like a thick daffodil exerting his ego on a women to me.


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## snorri (31 Aug 2016)

ekbe01 said:


> Yes, I'm sure.They called and accepted their client's responsibility several days after the incident. Paid about a month after it (and a week after I submitted all papers). They had a risk that the payment would increase dramatically if they didn't resolve the issue themselves ))


In that case, I'm still astonished, but astonished in a good way. 
Wishing you safe cycling.


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## ekbe01 (31 Aug 2016)

Thank you! No injuries, nothing )


jonny jeez said:


> I suspect the fella wouldn't have searched your bag if you were a man


He was shocked, he didn't know himself wat he was doing )


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## srw (31 Aug 2016)

ekbe01 said:


> Yes, I'm sure.
> 
> They called and accepted their client's responsibility several days after the incident. Paid about a month after it (and a week after I submitted all papers). They had a risk that the payment would increase dramatically if they didn't resolve the issue themselves ))


Name them and praise them!

Decent insurance companies just want to pay what they owe - partly because it costs less in internal costs to pay up cheerfully than to give claimants the run-around.


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## ekbe01 (31 Aug 2016)

LV


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## srw (31 Aug 2016)

ekbe01 said:


> LV



Well done to LV=. You may have a silly name and a sillier slogan but you are good at settling claims.

(No interest to declare - they're one of our competitors.)


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## Drago (31 Aug 2016)

Hold on. He rams you off your bike, and starts going through your handbag... isn't that a robbery?


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## keithmac (31 Aug 2016)

Possibly or boarderline assault if he grabbed the bag off her?.


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## Trickedem (31 Aug 2016)

ekbe01 said:


> Thank you! No injuries, nothing )
> 
> He was shocked, he didn't know himself wat he was doing )


That is very generous of you. You're a nice person!


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## RoubaixCube (31 Aug 2016)

Drago said:


> Hold on. He rams you off your bike, and starts going through your handbag... isn't that a robbery?



If he was in America he probably would of been tazed or pepper sprayed by the cyclist in self defence when he went for her bag


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## jefmcg (2 Sep 2016)

He behaved very badly at the scene, but if you have ever been in an accident, the shock and adrenaline can make people behave oddly. Once he had calmed down, he behaved in an exemplary manner, so I feel that the initial aggressive response was out of character.

Glad you had a good result from such a horrible encounter.

(It saddens me that "not lying to your insurers" is exemplary, but it is. He may have even told his insurers his behaviour, which would make them very keen to settle.)


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