What happens after a crash?

AdMMM · 25-07-2014 10:29am #1

Yesterday I had a very bad crash with a car on my way to work.

Basically I was coming down a road on the cycle Lane and traffic was backed up on my side of the road. A car coming in the opposite direction then cut across the yellow box to get into an entrance but didn't even look meaning I ploughed straight into it, with the cyclist behind me also nearly crashing.

I'm still in hospital with multiple broken bones

The gardai didn't arrive by time the ambulance took me away but I know the fire brigade who were also present got a statement of sorts from the driver and witnesses as well as their contact numbers and addresses.

What I'd like to know is what should happen next? Should I be expecting a call from the gardai, or will I have to chase down everyone myself? Do I contact his insurance company to establish who was at fault?

ratracer · 25-07-2014 10:34am

AdMMM wrote: »

Yesterday I had a very bad crash with a car on my way to work.

Basically I was coming down clonskeagh road on the cycle Lane and traffic was backed up on my side of the road. A car coming in the opposite direction then cut across the yellow box to get into the car wash but didn't even look meaning I ploughed straight into it, with the cyclist behind me also nearly crashing.

I'm still in hospital and have a broken bone in my neck, broken thumb, bruising to ribs and loads of associated cuts and bruises.

The gardai didn't arrive by time the ambulance took me away but I know the fire brigade who were also present got a statement of sorts from the driver and witnesses as well as their contact numbers and addresses.

What I'd like to know is what should happen next? Should I be expecting a call from the gardai, or will I have to chase down everyone myself? Do I contact his insurance company to establish who was at fault?

Firstly, concentrate on recovering and getting better!

Don't do anything yourself, get onto a good solicitor and leave it to them to sort it out for you while you recover.

eeeee · 25-07-2014 10:40am

I can't advise about crashes, the worst I was in I woke up in hospital, no guards called so I'm not sure what the process is. You could make a statement and report it yourself if it hasn't been logged?

But first and foremost mind yourself and heal! It sounds awful, so rest, get the body sorted before thinking about that stuff. Get well soon, and look after yourself, the time you take now will be worth a month down the line.

stecleary · 25-07-2014 10:40am

My crash was completely different to yours as I wasn't carted off and was able to wait for a garda to arrive. The garda took a statement from both of us, walked away with he driver for a few min then came back to me and handed me her insurance details.
A day or two later I contacted the insurance company and the other party had already notified them. I was given a case number and asked to submit my bills to them.
About 3 weeks later a cheque was in the post.

Johnny Jukebox · 25-07-2014 10:40am

Sorry to hear about your crash - I ride the same route each morning and have witnessed several collisions and numerous near misses with people turning right across the cycle lane.

I'd echo the previous advice - look for some recommendations for competent solicitors with expertise in these type of incidents and let them run with it.

Hope you heal quickly !

Beasty · 25-07-2014 10:49am

Never had a crash involving a car. However first priority is getting you the medical attention you required and I wish you a very speedy recovery.

The Gardai should have been called by the driver involved. If not I assume the ambulance records should be ample evidence of a crash causing injury. When you are up to it you should speak to the Gardai although they may try to get in touch if its already been reported. They will hopefully have details but in the meantime I would suggest you write down as much as you can about what actually happened and add to it as more comes back to you. The sooner you record it then arguably the more reliable it may be considered as memory typically fades a little.

MB Lacey · 25-07-2014 10:49am

I also cycle that way every morning, around the applegreen garage is a blackspot for cyclists.
Really sorry to hear about your crash, sounds horrific

Wishing you a good recovery.

fixie fox · 25-07-2014 10:53am

AdMMM wrote: »

Yesterday I had a very bad crash with a car on my way to work.

Basically I was coming down clonskeagh road on the cycle Lane and traffic was backed up on my side of the road. A car coming in the opposite direction then cut across the yellow box to get into the car wash but didn't even look meaning I ploughed straight into it, with the cyclist behind me also nearly crashing.

I'm still in hospital and have a broken bone in my neck, broken thumb, bruising to ribs and loads of associated cuts and bruises.

The gardai didn't arrive by time the ambulance took me away but I know the fire brigade who were also present got a statement of sorts from the driver and witnesses as well as their contact numbers and addresses.

What I'd like to know is what should happen next? Should I be expecting a call from the gardai, or will I have to chase down everyone myself? Do I contact his insurance company to establish who was at fault?

As you are in hospital with relatively severe injuries, my advice is to got a professional to look after your interests. Once you have solicitor briefed, won't have the stress of thinking about it then for a while.

magicbastarder · 25-07-2014 10:54am

a colleague of mine had a very similar in circumstances (but not as serious in terms of injuries) crash as you recently, and pursued it through a solicitor. the case was settled to his satisfaction, so that's one vote for engaging a solicitor.

spyderski · 25-07-2014 10:58am

Get a solicitor. Today. Then you won't have to worry about it. Get better soon.

MB Lacey · 25-07-2014 10:58am

magicbastarder wrote: »

a colleague of mine had a very similar in circumstances (but not as serious in terms of injuries) crash as you recently, and pursued it through a solicitor. the case was settled to his satisfaction, so that's one vote for engaging a solicitor.

Good to hear, but then aren't you out of pocket having to pay solicitor's fees or does the other party have to pay them?

bambergbike · 25-07-2014 10:59am

Get well soon!

When I was in a car crash the police showed up at the hospital and took a statement, but that wasn't in Ireland. Hopefully they will contact you, if you don't hear from them within a day or so contact them. Make sure your injuries are documented properly - photos might be handy as well as the medical reports, which tend to focus on the really, really important stuff (and what has been done about it) and can miss details. (After that car crash, I went home with a report that listed various fractures and the operations that had been performed on them over a page and a half, but said nothing about the loss of four front teeth; that was a can the medics were just kicking down the road, not something they had been actively busy with.)

I used to have a very similar commute in Galway - motor traffic into town at a standstill every morning, traffic coming out of town swinging across the yellow boxes at speed without checking for any traffic unaffected by gridlock like bikes, pedestrians, motor bikes, mopeds, inline-skaters. It's one of the many things it would be good to see a bit of a dangerous/careless driving crackdown on, especially at locations where badly designed cycle infrastructure conceals cyclists from turning traffic practically until the cyclist and the motorist have already both started crossing the yellow box. Filtering on the other side of the stopped traffic, in the middle of the road, makes you slightly more visible to turning traffic, but also brings you closer to it.

goose06 · 25-07-2014 11:09am

AdMMM wrote: »

What I'd like to know is what should happen next? Should I be expecting a call from the gardai, or will I have to chase down everyone myself? Do I contact his insurance company to establish who was at fault?

Firstly rest up and heal up. Once you are out of hospital give your local Garda station a ring to find out what Garda station would be responsible for the area that the accident occurred and then contact that Garda station. If the Garda that responded to the scene is not from that Station he will hand over the Pulse details of the accident to a local Garda from that station. That Garda should contact you if he has your details but otherwise contact the station and they'll be able to provide you with the insurance details to process the claim and advise you if any other action is to be taken against the driver.

Also as this was a serious incident the insurance people might act the maggot a bit so read up on your rights with the Injuries board.

http://www.injuriesboard.ie/eng/?gclid=CKXiwaWb4L8CFaZf2wodtgkAog

Unfortunately I had to go down that route as I was taken out by a right turning van in a yellow box who admitted fault and then his boss contested fault even the driver admitted it at the time to the Garda. Took about 9 months to process I think.

DaveyDave · 25-07-2014 11:09am

Had an accident today, although only minor. I was hit by a car while cycling across a pedestrian crossing in a car park at work. He didn't stop accelerating until I was knocked off the bike. As I was coming off the bike and he was still accelerating I thought he was going to run me over.

An ambulance and Gardai were called and i gave my details. The Garda gave me his contact number so I'll call him once I'm out of the hospital.

I've had to get an xray on my knee and ankle and I'm currently waiting the results. I'm currently looking at a €100 hospital bill, at least a days wages and possibly a crash assessment from a shop. I'll be calling the Garda once I'm out to let him know what the story is and take it from there.

I can't afford to pay for this mess, I was already in the hospital last month for dehydration. I'm assuming the next course of action is CCTV, so I might need to mention it to security. They were all very helpful. If the driver is confirmed in the wrong, I'm assuming o then contact their insurance company, if they have one.

I don't think he even asked if I was ok, too concerned about talking to his missus in their native language when she came back out to him.

Hopefully I'm not left with a massive debt as well as a sore leg

RainyDay · 25-07-2014 11:12am

MB Lacey wrote: »

Good to hear, but then aren't you out of pocket having to pay solicitor's fees or does the other party have to pay them?

This is an issue. The whole point of the PIAB (www.piab.ie) was to ensure fast and swift payouts for injuries where liability is clear.

OP - Check out the videos on the PIAB website before you decide whether you need a solicitor or not. You might also want to edit or review your post above, where you might have given a bit too much detail away.

goose06 · 25-07-2014 11:22am

RainyDay wrote: »

This is an issue. The whole point of the PIAB (www.piab.ie) was to ensure fast and swift payouts for injuries where liability is clear.

OP - Check out the videos on the PIAB website before you decide whether you need a solicitor or not. You might also want to edit or review your post above, where you might have given a bit too much detail away.

Injuries board now PIAB was decommissioned

magicbastarder · 25-07-2014 11:35am

MB Lacey wrote: »

Good to hear, but then aren't you out of pocket having to pay solicitor's fees or does the other party have to pay them?

my colleague was successful, and i think the other party had to pay legal fees as she admitted liability.

diomed · 25-07-2014 11:40am

Get a solicitor. Stories change a lot in the weeks after an accident. My only accident (mororbike) put me in hospital. The motorist visited and said he was in the wrong. Then he sued me.

Get a good solicitor. Get a solicitor. Did I mention that you should get a solicitor?

RainyDay · 25-07-2014 11:54am

goose06 wrote: »

Injuries board now PIAB was decommissioned

You're right, thanks - here's the website, including some helpful videos;

http://www.injuriesboard.ie/eng/

magicbastarder wrote: »

my colleague was successful, and i think the other party had to pay legal fees as she admitted liability.

Admitting liability does not = 'had to pay legal fees'. The Injuries Board sets out clear guidelines for when they will agree to legal fees being paid

See http://www.injuriesboard.ie/eng/resources/Forms_and_Publications/Guidelines/Section_44_Uninsured_Untraced_Change_March_2012.pdf

There is nothing to stop you coming to any private arrangement, but an insurance company won't generally pay out legal fees unless they particularly have to.

diomed · 25-07-2014 11:59am

AdMMM wrote: »

What I'd like to know is what should happen next? Should I be expecting a call from the gardai, or will I have to chase down everyone myself? Do I contact his insurance company to establish who was at fault?

Best wishes for a full recovery.
From what I remember my solicitor was appointed by my insurance company. So you should imo first contact your insurance company.

Standard procedure is they will send you a form to fill out. I had a minor car accident on the quays in Dublin and had to draw a map of the accident. As far as I remember I drew before/during/after accident pictures. It might be a good idea to print a map of the location from Google maps and draw in the accident details (because the insurance people have no idea yet where it happened, or how it happened).

You should today write a full description of the accident as you remember it, and date it. This will prevent you adding or subtracting stuff based on conversations.

ratracer · 25-07-2014 12:09pm

There is nothing to stop you coming to any private arrangement, but an insurance company won't generally pay out legal fees unless they particularly have to.[/QUOTE]

In my experience, (twice) legal costs were awarded against the other driver, as they were in the wrong. It appears liability may not be in question here, i hope you can get CCTV footage of the incident.

cython · 25-07-2014 12:20pm

diomed wrote: »

Best wishes for a full recovery.
From what I remember my solicitor was appointed by my insurance company. So you should imo first contact your insurance company.

Since the OP is a cyclist, it's very unlikely that they will have any sort of comprehensive insurance (CI insurance is generally third party liability) from a company for them to care enough if contacted.

diomed wrote: »

Standard procedure is they will send you a form to fill out. I had a minor car accident on the quays in Dublin and had to draw a map of the accident. As far as I remember I drew before/during/after accident pictures. It might be a good idea to print a map of the location from Google maps and draw in the accident details (because the insurance people have no idea yet where it happened, or how it happened).

You should today write a full description of the accident as you remember it, and date it. This will prevent you adding or subtracting stuff based on conversations.

The rest of this is good advice, but a solicitor, the Gardai, and/or the driver's insurance company are the points of contact for the OP.

diomed · 25-07-2014 12:26pm

Yes, I posted as a car driver, forgetting that a cyclist would not have insurance. Oops.
I did witness a cyclist / car collision on Anglesea Road, Ballsbridge a few years back, and told the cyclist I was a witness. I parked and wrote down all the details. These notes when to the cyclist's solicitor later.
Contact a solicitor. Make notes.

Eamonnator · 25-07-2014 1:14pm

If you haven't already done so, report the matter to The Gardai, as soon as possible.
Because, there are injuries involved, the collision has to be investigated by The Gardai.

ford2600 · 25-07-2014 1:59pm

Eamonnator wrote: »

If you haven't already done so, report the matter to The Gardai, as soon as possible.
Because, there are injuries involved, the collision has to be investigated by The Gardai.

In the off chance driver is uninsured you need to report this accident as soon as possible, to make sure you comply with MIBI requirement.(This is just a worst case scenario box ticking exercise, but I would do it).

OP but up your location and I'll pm you name of solicitor who is competent, not a snake or thief in that area.

Get payment structure clear from get go. You are the ideal client for any solicitor, so get the deal right for you from the get go.

If not, go to next guy until you are satisified.

Rest up and get well

diomed · 25-07-2014 7:44pm

http://www.stickybottle.com/latest-news/video-check-out-this-spectacular-crash-as-cyclist-thrown-into-the-air-by-oncoming-car/

“At the time the driver was apologetic and was informed by the police that I was recording my ride and seemed to admit fault.
“But when it came to my insurance claim against her she disputed it. Safe to say the video has saved me a lot of hassle and three weeks later the cheque has already arrived from the insurance company.

SerialComplaint · 25-07-2014 8:21pm

AdMMM wrote: »

Yesterday I had a very bad crash with a car on my way to work.

Basically I was coming down a road on the cycle Lane and traffic was backed up on my side of the road. A car coming in the opposite direction then cut across the yellow box to get into an entrance but didn't even look meaning I ploughed straight into it, with the cyclist behind me also nearly crashing.

I'm still in hospital with multiple broken bones

The gardai didn't arrive by time the ambulance took me away but I know the fire brigade who were also present got a statement of sorts from the driver and witnesses as well as their contact numbers and addresses.

What I'd like to know is what should happen next? Should I be expecting a call from the gardai, or will I have to chase down everyone myself? Do I contact his insurance company to establish who was at fault?

I had a near miss on the same road in pretty much the same circumstances yesterday also!

https://www.youtube.com/watch?v=ROAra2d38qE

Hope you're well on the road to recovery. The Gardai will only deal with the question of dangerous driving. If you want to report her for dangerous driving, that's up to you.

The question of financial liability for injury to you and damage to the bike is nothing to do with the Gardai. It's up to you to follow up on that stuff yourself with the insurance company.

And get a helmetcam for next time.

wendell borton · 25-07-2014 8:42pm

Get as much evidence at the scene as you can, take pictures, take note of road marking and signage and get names and addresses of witnesses.

cython · 25-07-2014 9:36pm

SerialComplaint wrote: »

I had a near miss on the same road in pretty much the same circumstances yesterday also!
https://www.youtube.com/watch?v=ROAra2d38qE

Hope you're well on the road to recovery. The Gardai will only deal with the question of dangerous driving. If you want to report her for dangerous driving, that's up to you.

The question of financial liability for injury to you and damage to the bike is nothing to do with the Gardai. It's up to you to follow up on that stuff yourself with the insurance company.

And get a helmetcam for next time.

On the bold above, per the Road Traffic Act, if someone is injured in an RTA, there is an obligation to report this to the Gardai, regardless of implications of dangerous driving or secondary concerns like that. While they may not actually attend the scene (though my understanding is that unless it is very minor they will), it should be reported nonetheless.

Zyzz · 25-07-2014 10:21pm

SerialComplaint wrote: »

I had a near miss on the same road in pretty much the same circumstances yesterday also!
https://www.youtube.com/watch?v=ROAra2d38qE

Hope you're well on the road to recovery. The Gardai will only deal with the question of dangerous driving. If you want to report her for dangerous driving, that's up to you.

The question of financial liability for injury to you and damage to the bike is nothing to do with the Gardai. It's up to you to follow up on that stuff yourself with the insurance company.

And get a helmetcam for next time.

You could see that car was turning from a mile away. Could have easily braked and let the car go through as the cycle lane was blocked ahead of you. :rolleyes:

Chiparus · 26-07-2014 6:17am

The driver could have waited instead of nearly colliding with the cyclist?

AdMMM · 26-07-2014 5:06pm

Thanks all for the advice. I went to the Garda station yesterday to report the accident and found out that a car from another station arrived on the scene after I left, so I just needed to give a statement. I've also arranged to meet with my solicitor next week who will take it from there.

It'll be a long time before I'll be able to get back on a bike unfortunately though.

Unknown Soldier · 26-07-2014 8:42pm

AdMMM wrote: »

<ship>

It'll be a long time before I'll be able to get back on a bike unfortunately though.

That's a bummer.

Get well soon though.

Beasty · 26-07-2014 9:48pm

OP, have they given you an idea as to how long you will be off the bike? Obviously it partly depends on which bones are broken and how bad they are but I've tended to target getting back on the bike once I get any plaster cast removed (although I would always take any medical advice received on the matter - my "tactics" have tended to involve not asking the question, not that I would suggest anyone else takes such an approach:D).

MugMugs · 27-07-2014 12:14am

Hope you mend soon op. Had a similar close call myself this week at the grand hotel in malahide with a taxi driver. Naturally it was all my fault according to him.

SERCPRO · 27-07-2014 12:19am

DaveyDave wrote: »

Had an accident today, although only minor. I was hit by a car while cycling across a pedestrian crossing in a car park at work. He didn't stop accelerating until I was knocked off the bike. As I was coming off the bike and he was still accelerating I thought he was going to run me over.

An ambulance and Gardai were called and i gave my details. The Garda gave me his contact number so I'll call him once I'm out of the hospital.

I've had to get an xray on my knee and ankle and I'm currently waiting the results. I'm currently looking at a €100 hospital bill, at least a days wages and possibly a crash assessment from a shop. I'll be calling the Garda once I'm out to let him know what the story is and take it from there.

I can't afford to pay for this mess, I was already in the hospital last month for dehydration. I'm assuming the next course of action is CCTV, so I might need to mention it to security. They were all very helpful. If the driver is confirmed in the wrong, I'm assuming o then contact their insurance company, if they have one.

I don't think he even asked if I was ok, too concerned about talking to his missus in their native language when she came back out to him.

Hopefully I'm not left with a massive debt as well as a sore leg

You shouldn't be left with any bills or debt if the other party was in the wrong . Make sure you have their details and get a solicitor to deal with the other party. It will go the the PIAB and usually an offer will be made by the other Insurance company. Best of luck with it. Get well soon

What happens after a crash?

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