3 weeks in and my first traffic accident

[andrew87]

Hi everyone, sorry if this has been already brought up a million times before but I don't really know what to search for and I need help quickly.

I don't want to write an essay on what happened so to keep it short I was cycling home last night and someone pulled out from a parking space without seeing me, I couldn't stop in time and hit the side of the car. It was completely their fault which they accepted on the scene.

Today, I've been told I have £395 worth of damage to my bike, the vast bulk of which is to replace the carbon forks. I took the guys, mobile number, name and registration. I can't get through to him.

I have a few question,

1. What do I do if I can't get through to him or if he won't pay up?
2. I know that to be on the safe side I should replace the forks, but as they didn't make much impact with the car, and the front wheel if fine (most of the crash was taken by me and the handle bars) do I really need to do this if there is no sign of a crack? I'm worried that the guys who did the assessment are being over conservative.

Thanks in advance!

 

[TheJDog]

Cheaper to x-Ray the forks to determine if they are broken first. I think whoever has told you that both forks and wheel need replaced without visible damage is jumping to conclusions.

 

[andrew87]

There's talk of them being cracked on the inside or being cracked in such a small way now will cause them to break later.

Just spoken to the guy on the phone, he's not wanting to pay. No idea what to do now.

 

[ufkacbln]

Who told you to replace?

If it is a bike shop then take their advice and do not use.

 

[ufkacbln]

There's talk of them being cracked on the inside or being cracked in such a small way now will cause them to break later.

Just spoken to the guy on the phone, he's not wanting to pay. No idea what to do now.

Police

Always involve them at the time

I know that doesn't help now, but it may still be worthwhile contacting them

 

[ufkacbln]

The other thought is to go through the small claims court

Worked for me in the past

Just the threat was enough

 

[CopperCyclist]

If you have no injuries, the driver legally has to give you his name and address and the name and address of the owner of the vehicle if different. As he hasn't given you guys address ask for it. If he won't give it go to the police to report the matter.

If he does give you his address but refuses to accept liability or pay up, then it's a trip to the small claims court against him. The below link will help :
http://www.adviceguide.org.uk/engla...g_e/traffic_accidents.htm#taking_court_action

As it is a 'low value' claim at 395, I doubt any no win no fee solicitors would take the case, but I could be wrong. Might be worth giving them a ring. If you have any sort of legal cover (I. E. Through house insurance, car insurance, ctc membership etc) you could also contact them to process the claim.

Good luck!

 

[SpokeyDokey]

Also...join British Cycling in case this sort of thing happens again. They can help.

 

[Ticktockmy]

The driver should have reported the matter to the police, as its an accident, likewise you should as well, better safe than sorry. You have the drivers details so you can give them to the police.
I would get the LBS to check out your bike as you do not really know if there is any stress damage to the forks. If your forks collapses when riding at even a reasonable speed you could do yourself a lot of damage

 

[SatNavSaysStraightOn]

Or join the CTC who I think will assist despite it happening before you joined,

Speak to the CTC Incident Line about:

• Personal injury claims for members
• Personal injury claims for non-members
• Incidents caused by road traffic incidents and poor road conditions, such as potholes
• Injuries from incidents whilst commuting, off road cycling or even on holiday overseas

We can assist with any incident or injury if you are injured cycling or wheeling your bicycle in the UK. Large or small claim – we can help!
Visit the CTC Incident Line website for more information or call anytime on 0844 736 8452.

though it does say personal injury claims for non-members I can't see why non-members wold not get assistance with incidents as well (line 3) but I have never needed to establish this fact for myself.

 

[gbb]

I suspect the evaluation of damage by you rLBS is 'be on the safe side..and replace the forks'. No normal LBS has the ability to correctly assess them and they are IMO quite rightly suggesting replacement.
I had an altercation with a bus in the recent past where the driver bodily threw my bike and it bounced down the road causing superficial but expensive damage.
I got a quote from my LBS and they simply suggested replacement of the full carbon forks on the grounds they werent going to say they were ok and risk being wrong, so replace anyway.
I dealt directly with the insurer who were TBH happy to settle quickly and without all the expense of claims firms, probably saved them a fortune.
I claimed plenty, the damage to my clothing, glasses, bike and costs i racked up were over the cost of the bike when new...they didnt bat an eyelid.
Beware, they will offer below what you want...hold firm, threaten them with the claims firms, they (well mine did) buckle and immediately up the offer.

 

[andrew87]

So he's now not playing ball at all and is refusing to pay for any of the damage. He's even gone as far to blame me for the accident which is simply ridiculous. I've referred it onto the police as that's my only option at the moment.

I think joining British Cycling might be a great idea. There are too many bad drivers out there not to make it worth it, and there are loads of perks for joining by the looks of things.

 

[gbb]

She's realised afterwardse's now not playing ball at all and is refusing to pay for any of the damage. He's even gone as far to blame me for the accident which is simply ridiculous. I've referred it onto the police as that's my only option at the moment.

I think joining British Cycling might be a great idea. There are too many bad drivers out there not to make it worth it, and there are loads of perks for joining by the looks of things.

This may have been a clever tactic, or something hes realieed afterwards...witnesses.
By accepting fault at first, he may have thrown you off the trail of finding witnesses, or realised afterwards, you have no witnesses.
A very important lesson to us all.....get witnesses, even if the driver accepts liability at the time.
I hope you get some sort of good conclusion anyway.

 

[gbb]

Sorry for the altered quote by you andrew, my tablets very prone to inserting characters all over the place...must have big fingers.

 

[0lonerider]

any cctv at the carpark? txt the op telling them the police are involved and your getting cctv from the store it may put the wind up them,glad ya ok and hope ya back on the road soon.
if all fails name and shame them.