Off'ed...... by a boat !

[PpPete]

I've been on to the CTC's helpline... which is just a front for a firm of solicitors, given them a few details, but I really don't like the thought of long drawn out legal proceedings, especially when the driver has already admitted liability, so I thought I'd write to him along the lines of:

Re: Road Traffic Accident 17:40hrs on B3056 north of Beaulieu for which you admitted liability.

Dear Mr xxxxx

As I suspected, my local bike shop are very busy and unable to check my bike for, or repair any damage for the next few weeks. I have therefore examined it closely myself.

I can see no damage to the frame, apart from some significant new paintwork scratches.

The wheels appear to be round & true.

Handle bars appear to be undamaged, however the brake levers have been knocked out of position which indicates that the handlebars have sustained some impact and should therefore be replaced as a safety precaution.

Rear Derailleur (gear) mechanism is badly scratched.

Right hand pedal crank is badly scratched and contacts front derailleur mechanism on each pedal rotation, so would appear to be bent slightly out of alignment. Unfortunately it is not possible to purchase just the crank, these are only available as a complete crankset. An impact sufficient to bend a crank ( a solid aluminium casting) may also have damaged the bottom bearings so I think it necessary to replace these also.

Listed below the exact parts required, with costs, and showing such discounts as I can obtain through my membership of the CTC (Cyclist’s Touring Club)


Frame Respray (http://www.argoscycles.com/www/renovation-pricelist.htm) £125.00
Lug lining and replacement decals £82.00

Handlebars (Nitto B135) (www.freshtripe.co.uk appears to be only UK retailer) £36.00

Rear Derailleur Shimano Ultegra 6500-GS no longer available – replaced by
RD-6700-GS R.R.P £79.99 available through CTC with discount £70.39
http://www.ctcshop.org.uk/cycling/p...700_10_Speed_Rear_Derailleur_(GS)/5360042811/

Crankset Shimano 105 5500 Hollowtech II no longer available replaced by
5703 model R.R.P £164.99 available through CTC with discount £145.19
http://www.ctcshop.org.uk/cycling/p...703_Hollowtech_II_Triple_Chainset/5360057101/

Shimano 105 5700 Bottom Bracket Cup Set R.R.P. £ 24.99 - CTC Discount £21.99
http://www.ctcshop.org.uk/cycling/p/CTC/22/Shimano_105_5700_Bottom_Bracket_Cup_Set/5360057102/

Total: £480.57

I should tell you that I have contacted the CTC’s accident helpline, but since that is now merely a front for a “Claims Management” firm of solicitors, and I really do not like the litigation culture that seems to be growing in this country, I would be quite happy to deal with this matter privately, and ask them to close the case on receipt of your cheque for the above amount.

Finally may I ask that you consider very carefully when you overtake cyclists in future, and give them at least the recommended two metres clearance, to allow for any sudden manoeuvres they may need to make to avoid potholes.

Any thoughts? Especially on the last paragraph ? I'm sure I've read 2 metres somewhere - but cant remember where?

 

[Crackle]

Very noble of you Pete. I guess I'd change the last bit to reflect what it says in the highway code of giving vulnerable road users as much room as you would when overtaking a car http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070314

 

[PpPete]

Very noble of you Pete. I guess I'd change the last bit to reflect what it says in the highway code of giving vulnerable road users as much room as you would when overtaking a car http://www.direct.go...ycode/DG_070314

Good one - thanks Crax
Final paragraph changed to:
Finally may I ask that you consider very carefully when you overtake cyclists in future, and recall that Rule 163 of the Highway Code requires motorists to “give motorcyclists, cyclists and horse riders at least as much room as you would when overtaking a car”.

 

[dodgy]

I predict he will be shocked at the repair costs.

 

[benb]

At least he has admitted liability, so that's something.
Hopefully he'll be more careful next time.

 

[4F]

I bet as soon as he sees that total he will change his tune and before you know it the legal route will be the only option.

 

[Amanda P]

I've been on to the CTC's helpline... which is just a front for a firm of solicitors, given them a few details, but I really don't like the thought of long drawn out legal proceedings, especially when the driver has already admitted liability, so I thought I'd write to him along the lines of...

They may be only a firm of solicitors, but they are one that specialises in this sort of occurrence; they seem to know what they're doing and won't advise you to proceed if they don't think they - or you, of course - will gain anything from it.

Anyway, particularly if the driver has admitted liability, are the police interested at all? They should be. And your case for damages should (I would have thought) in no way affect a prosecution for dangerous or careless driving.

 

[dellzeqq]

Pete - my strong advice to you is to keep any claim open-ended until you are completely satisfied that you are not going to suffer any lasting effects, and that you have the bike (particularly the frame) given a once-over by a bike shop.

Twenty four years ago I got knocked off and settled. I'm still in pain.

p.s. I think the HC says 1.5 metres

 

[MacB]

I'd certainly not send detail like that until the bike was totally checked, including frame alignment, then there's the personal injury as well. I know you don't want to proceed along those lines but you could end up with serious problems and no recourse. Keep things fluid until you're more certain.

Glad the injuries aren't more serious and wishing you a speedy recovery....Al

 

[threebikesmcginty]

Hope you feel better soon, broken ribs are really painful!

 

[Bollo]

Sorry Pete, I'm just off out so have to keep this brief. I believe that 480 quid is within the small claims limit, which means that you'd have to pursue this through the small claims by yourself. Any solicitor will only take this on if they can reclaim costs, which you can't do for small claims. The CTC will provide you with a small claims pack if you're a member, but it's nothing you couldn't find on the Internet with a bit of looking.

RJ and W, the CTC's chosen firm, are in this to get paid like anyone else, but they have specialists and will be sensible.

Finally take heed of dell's advice. If we meet on the Bimble, there's a reason I'll be shiny with Ibruprofen, even though I was back on the bike the day after my accident in 2007. The longer term damage doesn't always show itself quickly.

Whatever you decide to do, get yourself sorted for the 19th!

 

[snorri]

Wot MacB and Dell' said.

 

[abo]

Cost of stripping the frame and forks down ready for painting?

 

[APK]

If he has admitted liability why not just put it through his insurance?

Given the damage to the cranks, surely the frame will be damaged as well?

I suspect if you put through his insurance they will not mess about, and you will find a new bike coming your way.

With regards personal injury, you have been quite badly injured, and although you do not want to go to the ambulance chasers, you deserve compensation for the pain, and no doubt the time off work etc, I suspect the personal compensation will be in excess of £5,000? does that not help to change your mind?

 

[PpPete]

I think he might be a surprised by the total amount too...

The question is, do scratches on a rear mech really justify replacement ? and similar for the rest of it?

OTH - is he prepared to risk me getting a solicitor involved... with possible claim for personal injury, pain & suffering, loss of earnings - and anything else they can think up so as to maximise their cut. If they really pile it on he'd have to get his insurers involved and face losing his no-claims discount, and that, I suspect, could be a lot more than £457 per year for a Jag?