Accident help

Clive · Post by **Clive** » 09 Aug 2013 15:29

I have been hit by a car today, in Wythall at the junction of Station Road, Norton Lane and Lea Green Lane. The car was coming up the hill by the station to turn right into Lea Green Lane, cutting the corner, hitting me head on whilst I was about to turn right. I was thrown across the bonnet and landed elbow and head first on the road. Just minor injuries, battered and bruised really and a bit shaken.

Can anyone offer any advice about how to claim damages from car insurers? front wheel is totalled and superficial damage to the bars and shifters so far.

laurence_cooley · Post by **laurence_cooley** » 09 Aug 2013 15:40

Sorry to hear that, Clive. Not sure about how the insurance claim works, but the accident needs to be reported to the police within 24 hours, if the driver hasn't already done so.

paul.farrell · Post by **paul.farrell** » 09 Aug 2013 16:10

So sorry to hear of your accident. Glad to hear that you're not too badly hurt but it does shake you up. Are you a member of British Cycling ??? if so get straight on to them.

laurence_cooley · Post by **laurence_cooley** » 09 Aug 2013 16:12

This looks like a helpful step-by-step guide to what to do: http://www.bikeradar.com/forums/viewtop ... t=12722930.

Philip Whiteman · Post by **Philip Whiteman** » 09 Aug 2013 16:48

Sorry to hear the news. Station Road, Wythall seems to be attracting collisions at the moment.

This may or may not be helpful:
http://www.cyclistsdefencefund.org.uk/w ... en-a-crash

martin mc · Post by **martin mc** » 09 Aug 2013 19:50

Rotten luck Clive. I think there's a CCTV camera on this junction which could have caught the collision. If so it might be worth trying to secure footage or get police to do so. Even if you have witnesses & a co-operative driver it might help secure a prosecution.

Tim · Post by **Tim** » 09 Aug 2013 20:14

Sorry to hear about this. British Cycling do have a helpline/accident help team you might not not to be a member, ctc may have same. Or contact a cycling accident specialist solicitor such as levenes: www.cycleinjury.co.uk 08000482366 they had a stand at the cycle show I picked up one of their cycling accident cards, the info they said get are:
Driver contact info
Witnesses contact info
Car reg number
Time&date
Location info inc CCTV info? Private and public and obtain ASAP in case recorder has a 24hr loop.
Police Reference Number
Photos if pos of: vehicle involved, position in road, damage to all vehicles, injuries

I personally hate no win no fee culture but then if it was me and moreover my bike that had been damaged I might think differently and contact such a firm

Dave Cox · Post by **Dave Cox** » 09 Aug 2013 20:41

CTC provide a very good service for members involved in an accident.
I've met the people at Levenes and like their approach.

Dave Cox · Post by **Dave Cox** » 09 Aug 2013 20:42

Also of course Clive I am glad it wasnt worse - lucky escape

George · Post by **George** » 09 Aug 2013 20:44

Sorry to hear about this, Clive. Good luck sorting it out.

Grogz · Post by **Grogz** » 09 Aug 2013 21:06

Nasty. Glad you're not too badly hurt, Clive.

Si_Walker · Post by **Si_Walker** » 10 Aug 2013 06:38

Sorry to hear of your accident, I can't offer any advice, but hope you are Ok.

Post by **CakeStop** » 10 Aug 2013 11:47

Bad luck Clive. I'm always wary of that junction, particularly when going up the hill myself. Drivers seem to be prepared to pass on the corner but then cut close to the kerb as they do so - I now tend to go wide early to discourage this. Best wishes for a speedy and satisfactory outcome.

David Cole · Post by **David Cole** » 10 Aug 2013 16:37

Sorry to hear about your accident Clive
I hope you sort out the insurance

Dave

Clive · Post by **Clive** » 12 Oct 2013 11:07

many thanks for all your posts and kind words.

Update:

cuts and bruises have all healed, but I am left with a painful left elbow and shoulder. Provisional diagnosis of adhesive capsulitis (frozen shoulder) for which I am going to need physiotherapy and possibly surgery (hope not) It was good advice to wait and see if other injuries materialised with time.

Drivers insurers paid for the bike damage without any quibble at all. The personal injury claim may be a different matter though.

Police are still looking at charging the driver, although 9 weeks down the line they have not yet interviewed her, although I'm told they plan too. No footage from the CCTV camera at the junction.

Philip Whiteman · Post by **Philip Whiteman** » 12 Oct 2013 11:47

Ere, I thought you were riding Gavin's audax today?

Anyway, sounds likely partially good news. Why the Police have not yet interviewed the driver does not sound great.

Clive · Post by **Clive** » 12 Oct 2013 12:26

No, I was going to ride the Horseshoe pass from Congleton tomorrow, but have developed a nasty cold over the week, so will bail, unless I'm VMB in the next 24 hours.

The police seem really, really slow. They say they are keen to interview the driver under caution, and have so far seemed to take it seriously. They have asked me photos of my injuries, and have sought a statement from an independent witness. Apparently; the paperwork has to be passed from Redditch where I made my statement, to Kidderminster where a traffic collision officer assesses the case, and then on to Kings Heath where the driver lives. Then back again via the same route. They have had to wait for the witness statement, try and if there was any CCTV footage, and the officer in charge has been off sick. Laboriously slow an almost a waste of time, so not holding my breath.

Ed Moss · Post by **Ed Moss** » 12 Oct 2013 12:48

Hurrah, my hometown finally gets a mention

Hope you are starting with a nice warm up, with Mow Cop.

Between Peaks · Post by **Between Peaks** » 12 Oct 2013 19:25

You need to push the police to take action. There's a limit to the time in which charges can be laid and there's a risk you'll end up in the same situation as me (albeit for different reasons) where the driver gets off scot free.

If the insurers have admitted liability for your bike then surely it follows they have to pay up for injuries too.

Clive · Post by **Clive** » 27 Nov 2013 09:14

Update:

The police finally interviewed the driver under caution on 29th October, almost 12 weeks after the accident. They have decided she is entirely to blame and she is to be given the choice of attending a driver awareness course and paying a fee, or face prosecution. If she attends the course, and has a similar accident within 3 years she will then be prosecuted.

My shoulder injury is ongoing, but is responding slowly to time and physiotherapy. I had radiographs taken, which showed no fractures, but the good old NHS has lost the report somewhere between the hospital and the GP's surgery!

Advice to anyone else that has an accident; make comprehensive notes and take photos of all damage and injuries. Although all the cuts and bruises healed quickly, my shoulder injury took most of a month to show itself.
Ideally get the police to attend the scene, they remarked that this driver should have been breathalysed at the time. Similarly call an ambulance, as the drivers insurers are trying to play down my injuries because I was able to walk into A&E.

Philip Whiteman · Post by **Philip Whiteman** » 27 Nov 2013 17:13

Thanks for the update, Clive. As the victim, are you satisfied with the result?

Clive · Post by **Clive** » 27 Nov 2013 21:20

Philip Whiteman wrote:Thanks for the update, Clive. As the victim, are you satisfied with the result?

Yes and no, not an easy question to answer.

The punishment, which is on a par with a fixed penalty notice for low level speeding or parking on double yellow lines, is not enough in my view and does not reflect the severity of this persons negligence, or recognise that I could have been seriously or permanently injured or even killed. I think it warrants a prosecution for reckless or careless driving, and the evidence is there to support that.

That said, I have no wish to pursue a witch hunt against an elderly lady who was careless, and not one of the many aggressive, abusive and obnoxious drivers we see far too many of. In addition I think a driver awareness course is preferable to a fixed penalty fine, at least that way if she becomes a safer and more careful driver there is less chance of someone else being injured.