KennyGray
New Member
- Location
- Carluke, South Lanarkshire.
New bike yesterday, Accident today.
- Thread starter KennyGray
- Start date
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Banjo
Fuelled with Jelly Babies
- Location
- South Wales
Hi Kenny glad yopu are OK .With a bike that new I would want another new one not the old one fixed.
I recently had a woman pulled out in front of me in a similar situation but luckilly I had seen that she didnt look right once so had slowed down! If i was an HGV she would have been crushed , as it was I stopped a meter short of her door.
Good Luck with all the legal crap and hope your back on the road soon.
I recently had a woman pulled out in front of me in a similar situation but luckilly I had seen that she didnt look right once so had slowed down! If i was an HGV she would have been crushed , as it was I stopped a meter short of her door.
Good Luck with all the legal crap and hope your back on the road soon.
bauldbairn
New Member
- Location
- Falkirk
+1
I'd imagine with the trauma the frame has suffered from impact it'll be a right off!!!
They'd really need to strip the paint to test the frame properly for cracks - far too labour intensive. No shop / engineer would want to accept the responsibility of signing it off "fit for use."
Best you just concentrate on getting better and let your union lawyers sort this one out.
All the best.
Ticktockmy
Guru
- Location
- Crawley, West Sussex
looking at the damage to the forks, I would go for a new bike, I would think that the joints around the headstock will have been stressed, and could fail anytime in the future, just a thought.
I hope the aches and pains have not been to bad.
I hope the aches and pains have not been to bad.
Paul_L
Über Member
- Location
- Shipley, West Yorks
+1 to all the above.
Deffo a new bike, not a repair.
Hope you've not been too sore today.
Deffo a new bike, not a repair.
Hope you've not been too sore today.
Well as we always say the rider is worth a million times more than the bike! Glad you seem to be more or less OK but watch those bumps, bruises, aches and pains! Looking at your photos, obviously the forks are a write-off but I'm not sure I like your head tube - can't really tell from the photos but it may have got distorted. The bike shop will tell you for sure, if so it means a new frame and therefore probably a new bike.
Another SMIDSY - *sigh* - and you suggest from your post that the driver was a fairly young woman. There we go again - I can't help having a go at the younger drivers - of either gender - amongst us, who seem to bring so much of the grief on the roads. The driver to blame for the accident I witnessed - but wasn't involved in - a few months ago, was a young woman - barely out of her teens I reckon. The innocent party was a man in his fifties. Call me 'youth-ist' if you must!
Anyway, best of luck!
Another SMIDSY - *sigh* - and you suggest from your post that the driver was a fairly young woman. There we go again - I can't help having a go at the younger drivers - of either gender - amongst us, who seem to bring so much of the grief on the roads. The driver to blame for the accident I witnessed - but wasn't involved in - a few months ago, was a young woman - barely out of her teens I reckon. The innocent party was a man in his fifties. Call me 'youth-ist' if you must!
Anyway, best of luck!
HLaB
Marie Attoinette Fan
Thanks for the support guys, got the bike back this morning with all the visable damge at the front, buckled wheel, broken fork and damaged gear/brake lever.
Taking it into dales this week for them to prepare a quote for the damage.
Cheers Kenny.
Thats no damage its only a scratch, good for another 5000miles
Seriously though, I'd push for a new bike thats beyond comfortable repair and think on the positive the bike/ car took all the impact and not your bones!
Kenny Gray
Active Member
Too right guys, i think yesterday i was still in a bit of a strange mindset. Today even in the car i felt a bit apprehensive in a car with someone coming on to the carriageway i was on.
The junction that the accident happened at is a wide junction with good visability from the direction that i was approaching how she never saw me i cant explain, the size of me and colour of clothes i was wearing.
After the adrenelin wears of i think it focuses the mind.
The aches and pains are a wee bit more today mainly whiplash type pains in the neck.
Thanks for all the advice and kind regards,
Kenny.
The junction that the accident happened at is a wide junction with good visability from the direction that i was approaching how she never saw me i cant explain, the size of me and colour of clothes i was wearing.
After the adrenelin wears of i think it focuses the mind.
The aches and pains are a wee bit more today mainly whiplash type pains in the neck.
Thanks for all the advice and kind regards,
Kenny.
Crankarm
Guru
- Location
- Nr Cambridge
Glad you are still alive. The damage to the car looks nasty indicating you made quite an impact.
You had a new bike before she drove into you. It is only right that she, or her insurers, provide you with another new bike. The law says you should be returned to the position you were prior to the collision. Therefore a replacement bike, not a nearly new repaired one, is what you should seek and obtain.
Get down to your GP asap to have all your injuries documented. Also DO NOT try to soldier on ie start riding another bike or playing football until properly healed. Give your injuries time to manifest and heal properly. This is most important as any mistakes at this point in terms of compromising your recovery will probably remain with you for the rest of your life. You can't compromise your health. So take it easy.
If I were you, which I am not, and I had hit this car with force you appear to have done I would DEFINITELY be in shock and most likely be suffering from Post Traumatic Stress Disorder. A diagnosis of moderate to severe PTSD can mean quite a sizeable amount of compensation in addition to any physical injuries. You will of course have to see a consultant pyschologist. This will be some time in the future. But your solicitors should explain all this to you. Your claim will also include PSLA - pain suffering and loss of amenity. The first bit is self explanatory. The second is if you have residual symptons or any impairment which affects your life in the short term and more importantly in the long term. But a consultant will be assessing you, your injuries and writing a report which the solicitors will argue over no doubt. When you are assessed by the consultant(s) you should tell them all that you are and have been suffeing especially acute pain. But as I say they should find all this out from you anyway during their examination.
You will probably get your bike sorted quite quickly and any other damaged items replaced which the other side's insurer may well make interim payments to cover plus other out of pocket expenses. Any civil case you bring against the driver will take some time, sometimes years, as injuries can take some time to heal and for prognosis to become clear. Also any prosecution for motoring offences will take place first as when she is found guilty, a criminal conviction counts as prima facie evidence of negligence in a civil action so the other side will NOT be able to dispute liability so the only room to disupte your claim will be over the severity of your injuries to minimise their payout to you.
Keep a written diary and take lots of pics. Log and minute all calls with any one involved in your case, including with your own solicitors, least they try to shaft you for costs. I know you said your Union have taken on your case, but they will pass it to their solicitors who will take you on a conditional fee agreement and whose costs will be paid by the other side's insurer. The more costs they rack up the less compensation that will be available for you. I know it's not supposed to work like this but in reality there is a total fixed amount your case is worth to include your compensation and costs.
But above all take your time to heal, don't go prematurely busting a gut when you shouldn't be.
I think you were very lucky not to be more seriously injured, paralysed, even killed. Your helmet must take some credit. You will need a replacement. Make sure you get a top of the range one in a colour to match your kit and bike.
Oh and regards the replacement bike. Just because you are claiming for a replacement bike doesn't mean you will be riding it at this stage. Of course you very much hope to be, but your physical injuries and PTSD might prevent this in the immediate future so you can legitmately keep it as a new bike or sell it if you decided to. This has nothing to do with the other insurer. If you are unable to cycle because of your injuries phsical or mental then you are entitled to claim for travel costs above which you would have had if the defendant hadn't driven into you, ie if you have to take public transport, taxis or your other half/mum or dad has to ferry you around.
HTH.
You had a new bike before she drove into you. It is only right that she, or her insurers, provide you with another new bike. The law says you should be returned to the position you were prior to the collision. Therefore a replacement bike, not a nearly new repaired one, is what you should seek and obtain.
Get down to your GP asap to have all your injuries documented. Also DO NOT try to soldier on ie start riding another bike or playing football until properly healed. Give your injuries time to manifest and heal properly. This is most important as any mistakes at this point in terms of compromising your recovery will probably remain with you for the rest of your life. You can't compromise your health. So take it easy.
If I were you, which I am not, and I had hit this car with force you appear to have done I would DEFINITELY be in shock and most likely be suffering from Post Traumatic Stress Disorder. A diagnosis of moderate to severe PTSD can mean quite a sizeable amount of compensation in addition to any physical injuries. You will of course have to see a consultant pyschologist. This will be some time in the future. But your solicitors should explain all this to you. Your claim will also include PSLA - pain suffering and loss of amenity. The first bit is self explanatory. The second is if you have residual symptons or any impairment which affects your life in the short term and more importantly in the long term. But a consultant will be assessing you, your injuries and writing a report which the solicitors will argue over no doubt. When you are assessed by the consultant(s) you should tell them all that you are and have been suffeing especially acute pain. But as I say they should find all this out from you anyway during their examination.
You will probably get your bike sorted quite quickly and any other damaged items replaced which the other side's insurer may well make interim payments to cover plus other out of pocket expenses. Any civil case you bring against the driver will take some time, sometimes years, as injuries can take some time to heal and for prognosis to become clear. Also any prosecution for motoring offences will take place first as when she is found guilty, a criminal conviction counts as prima facie evidence of negligence in a civil action so the other side will NOT be able to dispute liability so the only room to disupte your claim will be over the severity of your injuries to minimise their payout to you.
Keep a written diary and take lots of pics. Log and minute all calls with any one involved in your case, including with your own solicitors, least they try to shaft you for costs. I know you said your Union have taken on your case, but they will pass it to their solicitors who will take you on a conditional fee agreement and whose costs will be paid by the other side's insurer. The more costs they rack up the less compensation that will be available for you. I know it's not supposed to work like this but in reality there is a total fixed amount your case is worth to include your compensation and costs.
But above all take your time to heal, don't go prematurely busting a gut when you shouldn't be.
I think you were very lucky not to be more seriously injured, paralysed, even killed. Your helmet must take some credit. You will need a replacement. Make sure you get a top of the range one in a colour to match your kit and bike.
Oh and regards the replacement bike. Just because you are claiming for a replacement bike doesn't mean you will be riding it at this stage. Of course you very much hope to be, but your physical injuries and PTSD might prevent this in the immediate future so you can legitmately keep it as a new bike or sell it if you decided to. This has nothing to do with the other insurer. If you are unable to cycle because of your injuries phsical or mental then you are entitled to claim for travel costs above which you would have had if the defendant hadn't driven into you, ie if you have to take public transport, taxis or your other half/mum or dad has to ferry you around.
HTH.
Kenny Gray
Active Member
Thanks Crankarm, a lot to take in but some things to think about, many thanks.
Kenny.
Kenny.
The head tube has definitely been damaged. On the photos, the gap at the front between the bottom cup of the headset and the tube is wider than the gap at the back which indicates that the bottom of the head tube has been flared = buggered.
New bike time.
Kenny Gray and 
(belatedly) to CC 
.As has been said, that is some first post
.As Crankarm says, take your time getting back to 'normal'; take at least one week more after you reckon you are ready to get on your bike again.
You'll be needing new shorts, helmet, etc etc .... unfortunately.
Take it slowly, take care and hope we'll see you on a CC Ecosse Forum ride
sometime.
sleekitcollie
Well-Known Member
- Location
- winchburgh west lothian
kenny sorry to hear about ur accident , i can sympathise , i had a off on sunday on my new bike but unlike ur one mines was totally my own fault 
hope to see u back on the road fully recovered soon
oh and like u i was so lucky i had my helmet on
but unlike ur one mines was totally my own fault hope to see u back on the road fully recovered soon
oh and like u i was so lucky i had my helmet on
KennyGray
New Member
- Location
- Carluke, South Lanarkshire.
kenny sorry to hear about ur accident , i can sympathise , i had a off on sunday on my new bike
hope to see u back on the road fully recovered soon
oh and like u i was so lucky i had my helmet on
Hope you and the bike are ok.
Cheers Kenny.
Kenny Gray
Active Member
Hi all a wee update on the accident from Aug 2010, that's the claim settled and closed a lot of good advice on here at the time that helped especially keeping a photographic record of everything damaged equipment and injuries especially Crankarms indepth post much appreciated.. My solicitor was great and i was sent for examinations with orthopedic and psychological experts who produced reports which backed up my claim.( I used my Unions lawyers firm ) i have since joined British Cycling for further peace of mind.
I was fully recompensed for my day old bike and received compensation for my equipment ( it was of course the best of gear i was wearing at the time ;-) ) and compensation for my injuries sustained at the time this has taken a while but i am now glad i can put a line under this event.
I would like to say if anyone else finds themselves in the same situation i would say to stay patient and try and get compensation that is due to you as i have realized that it may have been a lot worse i was fortunate not to be seriously injured.
I have been cycling as before but i must admit the incident does make you a wee bit more aware of your surroundings and potential problems on the road but thankfully has not put me off cycling.
Cheers Kenny.
I was fully recompensed for my day old bike and received compensation for my equipment ( it was of course the best of gear i was wearing at the time ;-) ) and compensation for my injuries sustained at the time this has taken a while but i am now glad i can put a line under this event.
I would like to say if anyone else finds themselves in the same situation i would say to stay patient and try and get compensation that is due to you as i have realized that it may have been a lot worse i was fortunate not to be seriously injured.
I have been cycling as before but i must admit the incident does make you a wee bit more aware of your surroundings and potential problems on the road but thankfully has not put me off cycling.
Cheers Kenny.
