Legal question

[Rebel Ian]

50 mile into a 60 mile ride on Sunday some clown reversed into me and over my bike.

I was waiting in the middle of the road to turn right and he reversed straight into the main road without looking. I tried to drag the bike away but he was going too fast. I somehow managed to get my foot unclipped and jump away from the bike just before he reversed over it.

Fortunately it was witnessed by two police officers who were driving past and they took a statement from both of us. There shouldn't therefore be an issue with liability. What is the process for claiming off his insurance however? Do I just contact his insurers and put a claim in againt him?

 

[ChrisKH]

Yes, however if you have insurers it might make sense to go via them.

I had pretty much the same claim once and did everything via the other party's insurers directly and made no claim for damages to me (I had been injured), which in retrospect they were happy to avoid.

If it's just the bike repair/replacement that is at stake and there's no question on liability (ie they accept liability) then it may be quicker to do it yourself. It's when they start disputing your claim that it's time to get someone else involved.

 

[HLaB]

I've never claimed before so I can't advise you there but what a bummer, I'm glad you managed to escape OK.

 

[ASC1951]

Good job you weren't injured!

You can't claim for what might have happened, just what did happen, but that is not limited to the damage to the bike. If you commute on it, there will be bus/train fares until you replace it; and if cycling is your main recreation, something for being deprived of that enjoyment.

You don't say how badly the bike is damaged, but IMO you are entitled to say that any distortion of the frame makes it unsafe. Buying the components separately is usually more expensive than a new bike, so if both wheels forks and frame have had a bit of a beating, you might well be looking for the value of a complete bike - less an allowance for yours not being new, of course.

 

[g00se]

Blimey! That sounds such a ridiculous way to have an accident. What a numb-skull! Glad your not hurt.

If you're a member of the CTC or some-such, you'll get free 3rd party insurance and access to no-win-no-fee solicitors who are supposedly very good. You don't need to be a member though and there are other simlar law firms, many recommended on here (though I can't remember any names).

 

[Globalti]

Same thing happened to a pal of mine 5 minutes after he'd collected his brand-new motorbike from the dealer. He stopped behind a refuse truck, which suddenly reversed. He jumped off and the truck drove straight over his bike.

 

[Rebel Ian]

The wheel is buckled and the derailleur is squashed. Cosmetic damage too which is annoying as the bike was spotless. It's in the shop now for a full assessment. I'm just hoping the frame has survived.

Once I've got a quote I'll give him the opportunity to pay outside of an insurance claim.

 

[Crankarm]

More importantly are the police going to charge him with driving without due care and attention? If they are not then ask why not? The driver sounds like a complete berk. Did he apologise? Fancy doing that in front of, not one, but two coppers . Make sure you take it to a decent bike shop who can tell you whether the frame is still true. If it's not, then it looks like a new bike which may well mean a claim on the driver's insurance.

 

[gavintc]

Others have stated one here before that it is worth joining CTC immediately. Apparently, they willl deal with claims that have just happened. I have no evidence of this - just what others have previously posted.

 

[jimboalee]

Get a Crime Report off the coppers. There should be one because the motorist can be charged with a RTA offense ( see 'Driving without due care' above ).

If you're not independently insured, go to an 'ambulance chaser'. There are firms of bloodsucking leech lawyers who deal with cases of 'Material damage', not just personal injury.

It might be worth getting a sore neck or back within the next day or two from the sudden body movement you did to avoid being killed.

If you get some representation, bend the bike's frame. That's a whole new bike for you. ( you didn't notice it at the scene ).

I am confident you will get a new bike.

 

[OLDSHUNTER]

http://www.cyclechat.net/styles/default/xenforo/smilies/dirol.gif your entitled to full repair parts and labour strip and rebuild + respray and
accessories [comp/lights bags] anything that is going to cost you to repair the bike back to it's former glory. You need to get bike shop written quotation for repair's and part's fitted, also bike need's resprayed which will likely be a seperate quote which you should include the price for strip and rebuild +respray including cost's for transfer's [sticker's] and there application which the sprayer will give you a price for although you might have to find the transfer's yourself or get them made and bill them. Price's vary on type of paint and you can get an idea at www.bobjacksoncycles.co.uk mind bill them for postage and package .You yourself may be suffering some anxiety and you may have already discovered but if not then you likely will when you come across same situation or similar don't hesitate on claiming his insurer's for anxiety and don't accept there first offer's you are entitled to full part's repair labour accessories get the quote's tell them the price of any accessorie's don't miss a thing .If the bike is a right off then you are entitled to the price of bike of that value [model] and as earlier post said claim on other problem's that have left you out of pocket like you used the bike to work and now your having to fund travel expense's it's what you are entitled to and don't feel stupid and approach a lawyer for some free advice p.s they will likely pay on bike when you provide the written quote's 1 from bike shop 1 from sprayer 1 p+p and write down price of accessorie's that are damaged and post it to them .http://www.cyclechat.net/styles/default/xenforo/smilies/dirol.gif

 

[Ashtrayhead]

Get a Crime Report off the coppers. There should be one because the motorist can be charged with a RTA offense ( see 'Driving without due care' above ).

If you're not independently insured, go to an 'ambulance chaser'. There are firms of bloodsucking leech lawyers who deal with cases of 'Material damage', not just personal injury.

It might be worth getting a sore neck or back within the next day or two from the sudden body movement you did to avoid being killed.

If you get some representation, bend the bike's frame. That's a whole new bike for you. ( you didn't notice it at the scene ).

I am confident you will get a new bike.

Are you advocating insurance fraud? Not such a good idea in this instance as there were police officers who witnessed.

 

[Rebel Ian]

Thanks for the replies. The bike is not too bad. Saddle and bar tape seem to be the worst cosmetic stuff and it'll need a new rear wheel and derailleur. One shop has confirmed the frame is ok but it's going into a Bianchi stockist today for a proper quote.

I wasn't injured and I haven't suffered any symptoms so I'm not interested in claiming for things that haven't happened. I just want the cost of repairs covered. Have to say I'm quite surprised at some of the suggestions that I should invent injuries or cause more damage.

Thanks again for reading the thread.

 

[jimboalee]

Are you advocating insurance fraud? Not such a good idea in this instance as there were police officers who witnessed.

Did the coppers have a frame jig with them? How did they know it wasn't distorted? Did they give the frame a thorough inspection?

 

[on the road]

If it's aluminium then you might want to drop something heavy on the frame, it doesn't have to make a dent, but you didn't hear that from me

Many years ago I was involved in an accident with a car, the frame appeared fine to my not so expert eye and there were no dents in it, but when I took it to the bike shop for inspection they said the frame was a write off and they showed me where the aluminium had been "pushed out", there was a dull patch on the frame while the rest of it was shiny.