Rocked by a car...need advice

Zoodlebop

I was cycling along Rathmines Road into town and got taken out by a driver turning across my lane into a side road, the last side road before the canal. I flew over the bonnet, with my bike and then spun out the other side. I'm OK, sore, but not injured. My bike however is fooked. The front fork is completely mangled, with the wheel smushed up into the brake blocks. The back wheel is also completely buckled and the brakes are gone. I have a feeling the whole frame is bent.

Anyway. I got the license number and the guys phone number. I also got the number of a witness from the office it happened right outside of. The whole office saw and attests that he was in the wrong.

I'm gonna get him to pay for whatever fixing my bike needs. I took it into the shop on Rathmines Road and told them to do what ever needed to be done. The man reckons a new bike would be cheaper.

I'm hoping some of ye have experience dealing with this sort of thing and can give me some advice.

Thanks,

Hal

Hungrycol

Glad to hear you're Ok but you should still go see a GP. It maybe be wise to report the incident to the police just from a formality point of view in case you need it further down the line.

eggie

Price a new bike with similar spec, run it past the driver - includethe fact that an expert told you a new bike would be cheaper as he has to rebuild the old from almost scratch and components are more expensive when purchased separately. If he agrees meet him at the shop where he can pay and you be on your way - maybe a sign an agreement that he purchased the bike for you and no futher claims can be made against him.

If he disagrees then small claims court.

Edit: report it also, and if he says no you also have an recent back problem (very difficult to prove wrong)- cost him more again.

Chris Peak

You need to make a statement to the police within 24 hours. Give the name and details of the driver, as well as the witness in the office.
Go to a Doctor to get checked out. And, then onto a solicitor.
You're the one who has suffered a loss here, and by rights needs to be compensated. I don't mean putting in a false claim for injuries not received, or, for a much more expensive bike. But, you do need to have it replaced for one just as good. And your Dr.'s fees paid for.

As the driver left the scene of an accident he is hoping you wont call the Gaurds, because he could also be done for driving 'without due care and attention'.
He also won't want this going through his insurance. That's his problem.

NeilMcEoigheann

i would tend to go down the new bike route due to the fact that you can't really tell if your bike has been stressed to much and is now weakened plus less to go wrong with a new bike..

Sleipnir

Chris Peak wrote: »

As the driver left the scene of an accident he is hoping you wont call the Gaurds, because he could also be done for driving 'without due care and attention'.
He also won't want this going through his insurance. That's his problem.

Driver didn't leave the scene of the accident as near as I can tell.

Anyway. I got the license number and the guys phone number.

Can you confirm OP. Obviously if he fled, you would want to involve the Gardai.

lenomark

claim off him it wont cost him anything he would do it to u simple. happened to my ma cost her nuthing ins went up by 20 euro next year biker got 5 grand for his sore neck moneys tight times are hard

Overheal

I got rocked as a teen - destroyed the wheel. The driver was in the wrong but not very helpful. I took his number and seeing how there was a bike shop just down the road I had the repair done right away, took the estimate/receipt and walked down to the gardai with the receipt and the license number. 2 weeks later I got a letter of apology and a cheque in the mail.

You need to report this to the Gardai as soon as possible, and go see a GP. The cost of the visit, the bike (have it estimated, to be fair) and any related meds you need should be on the drivers bill.

petethedrummer

Sleipnir wrote: »

Driver didn't leave the scene of the accident as near as I can tell.



Can you confirm OP. Obviously if he fled, you would want to involve the Gardai.

I think you are misinterpreting ChrisPeak's post.

Vélo

Report it to his Insurance company. He might say fine he'll pay it but when you give him the bill it might be a different story. If he doesn't want his no claims bonus affected he can pay the Insurance company back at a later stage. The Insurance company will pay out for either the bike to be replaced or a new one, whichever is cheaper. If you didn't get his details the Gardai can get it.

dave.obrien

Sounds like the driver's going to be pretty helpful, but no harm in reporting it formally, as otherwise you've no leg to stand on. Reporting does not mean you're going to press charges, or even pursue any action against, it just means that should he end up balking at the cost of either replacement or repair of the bike, he knows you can go down legal channels. Bear in mind that most people don't understand where the cost of bikes go, so he might not appreciate the difference between your bike and the cheapest one in the bike shop. A GP's report is also something you should definitely get, even if you have a bruise, it gives you massive leverage in the eyes of the Gardai.

Hope this gets sorted quickly for you.

Thomas_S_Hunterson

eggie wrote: »

If he disagrees then small claims court.

NO NO NO

Small claims court is for consumer issues.

It is absolutely not an option here.

See a solicitor.

FrankGrimes

Wow, I got knocked down at exactly the same spot 8 years ago but it was a car coming out of that left turn looking to turn right that nailed me, not a car overtaking me and turning left, still some coincidence though.

I was thrown through the air into the other lane of traffic and an oncoming van managed to stop in time. Landed head first, feet came over afterwards and smacked on the ground. Helmet peeled in two afterwards but I was young and in shock and refused to get into the ambulance as the only pain I had was a bump where my ankle hit the ground. I didn't go see the GP or take it any further but I ended up with problems with that ankle for years afterwards.

Moral of the story = go through the motions and report it ASAP and get seen by a GP....not because you're trying to screw anybody, just because you might be the one that gets screwed if you do have some sort of problem and you haven't taken the right steps at this stage.

ROK ON

(1) Report to Gardai,
(2) Go see a GP - get report sent to Gardai (they will take this more seriously than a report.
(3) Contact driver and advise him that you will also be contacting his insurance company.

Reality is, with witnesses, he could be in serious trouble. He may well offer to settle privately with you.
IMHO, I would pursue this as thoroughly as possible. Careless drivers must learn.

maryjm

Sean_K wrote: »

NO NO NO

Small claims court is for consumer issues.

It is absolutely not an option here.

See a solicitor.

Small Claims court is for anything under €2,000 euro and its not necessarily a consumer issue

The following types of claims can be dealt with under the Small Claims procedure:

• Consumer claims such as for faulty goods or bad workmanship. You must have bought the goods or service for private use from someone selling them in the course of business.
• Claims can also be made for minor damage to your property.
• Claims for the non-return of a rent deposit for certain kinds of rented properties, such as, a holiday home or a flat in a premises where the landlord also lives. The Private Residential Tenancies Board handles such claims for the mainstream private rented housing sector.

http://www.citizensinformation.ie/categories/justice/courts-system/small_claims_court


I was going to have to go through the Small claims court a while back over a guy who wouldnt pay up for minor damage in a car accident. Luckily he paid up!!

Best of luck with it all OP I hope it all works out!

Poor Uncle Tom

i) Doctor
ii) Gardai
iii) Driver/insurance

Thomas_S_Hunterson

maryjm wrote: »

Small Claims court is for anything under €2,000 euro and its not necessarily a consumer issue

The following types of claims can be dealt with under the Small Claims procedure:

• Consumer claims such as for faulty goods or bad workmanship. You must have bought the goods or service for private use from someone selling them in the course of business.
• Claims can also be made for minor damage to your property.
• Claims for the non-return of a rent deposit for certain kinds of rented properties, such as, a holiday home or a flat in a premises where the landlord also lives. The Private Residential Tenancies Board handles such claims for the mainstream private rented housing sector.

http://www.citizensinformation.ie/categories/justice/courts-system/small_claims_court


I was going to have to go through the Small claims court a while back over a guy who wouldnt pay up for minor damage in a car accident. Luckily he paid up!!

Best of luck with it all OP I hope it all works out!

I stand corrected

p

lenomark wrote: »

claim off him it wont cost him anything he would do it to u simple. happened to my ma cost her nuthing ins went up by 20 euro next year biker got 5 grand for his sore neck moneys tight times are hard

You realise that attitude is one of the reasons that insurance costs are so high in this country, right?

Suing people is not a 'victimless crime'.

All insurance payments are ultimately passed on to customers, so by all means put in a claim, but do it fairly and honestly, anything else is just stealing from your friends, neighbours and family.

Mucco

Don't forget to claim for taxis while your bike is out of action. This sounds like it's entirely the drivers fault, so you should not be inconvenienced at all.

M

Zoodlebop

Thanks for all the advice.

I ended up reporting it to the Gards. Don't want to press charges or anything, but might need help getting the bike paid for by the driver.

Going into the doc on Monday for an examination. Been in a good bit of pain since yesterday, so I'm going to claim.

Thanks again,

Hal

carmo13

hi Z.
just read ur thread. am a keen commuter / touring cyclist myself and have been in several spills over the years. my advice to you is definitely to take the legal route. if you pm me i,ll give you the name of of a good solicitor who specializes in this field.

Jawgap

lenomark wrote: »

claim off him it wont cost him anything he would do it to u simple. happened to my ma cost her nuthing ins went up by 20 euro next year biker got 5 grand for his sore neck moneys tight times are hard

Doctor - Gardai - new bike would be the way to go in my opinion. Hopefully, he'll reciprocate your reasonableness, but if he doesn't at least you'll be saved the hassle of chasing back to do all this later.

I agree with other posters that claiming for the sake of claiming is not a good idea especially if you believe in Karma!!!!!:p

Claim for your hurt and injury and genuine out of pocket expenses by all means, but I reckon there's not much luck to be had by over-egging the pudding.

Good luck.

cosmic

Go straight to a GP, complain that everything hurts so they'll recommend you get an X-ray. Get as many parts of you X-rayed as possible.

Then go to the Gardai (don't waste your time going to your local one, go straight to the one local to where the accident happened).

Ask to press charges for careless driving. This is the easiest way to get all the money you will need.

I say this because the same thing happened to me on Clanbrassil St in December and now I'm having terrible problems with my hip which had actually gotten knocked out of place (it wasn't sore at the time so it was never X-rayed) and I'm having to foot the bill myself for all my physio and osteopathy. The idiot driver paid for my bike repairs and the GP bill but it's too late for me to get money for all the after treatments.

Seriously, GP and the Gardai. You might regret it in a few months otherwise. I know I do.

Zoodlebop

I'm going into a doc on Monday.

After that story above, I don't think I'll take any chances. As a student there's no way I could pay for any of that stuff myself. You know that you could still claim for the accident (@ above)?

BostonB

Same as cosmic +1.

I got knocked in Nov. No serious injuries, just cuts and bruises. So didn't do anything about it at the time. Did go to doc and got xray. But only realised I had slight whiplash afterwards, about a week or more later, and neck is still giving me minor twinges and aches now. Check for any CCTV in the area. They usually wipe them in 7 days. Regret not making a bigger deal of it now.

griffin100

I say this because the same thing happened to me on Clanbrassil St in December and now I'm having terrible problems with my hip which had actually gotten knocked out of place (it wasn't sore at the time so it was never X-rayed) and I'm having to foot the bill myself for all my physio and osteopathy. The idiot driver paid for my bike repairs and the GP bill but it's too late for me to get money for all the after treatments.

May not be so. If you dealt directly with the driver and he paid you out of your own pocket you can still submit a claim to the Injuries Board for compensation http://www.injuriesboard.ie/eng/
His insurance will be reponsbile for paying out. Even if you signed a disclaimer for him saying that that was the end of the matter you can still take a civil case as such disclaimers have no meaning in law. If you signed a full and final settlement with his insurance company at the time then that's a different matter and the case would be much more difficult to persue but you could still try via the injuries board. Making a claim with the injuries board costs €50 and you do not need a solicitor to do this. You only will need a solicitor if his insurers decline to accept liability for the claim and you have to take a civil court action in the old fashioned way. PM me if you want more info.

It sounds like you have a genuine case. You have two years from the date of the accident to take a claim and like I said, it only costs €50.

blorg

Go to the doctor and get yourself checked out. Don't sign anything saying X is in full and final settlement as you may have medical issues down the road.

Doc and yourself should have a fair idea if you are seriously hurt or not. I have gone the full compensation route when the driver was a wanker and caused a fracture but that was six weeks of pain and possible future complications. Personally I would not push it beyond him paying for the repairs/new bike if he was being halfway decent about it and I was not seriously injured (e.g. just scrapes and bruises.) He should of course pay for your medical costs (GP, physio, etc.) Note however you ARE legally entitled to compensation for injuries should you want to pursue it.

There is no point running to a solicitor if you just need your bike replaced, the costs would far exceed the cost of a new bike, and indeed even if you do have injuries the PIAB is where you should be going, not a solicitor.

Traumadoc

I deal with a lot of medicolegal cases as part of my practice. I would agree with a lot of the advice given.
I often find it takes a few days for some injuries to become apparent.
I feel if you are not seriously injured take compensation for your damaged bike and be thankful you were not seriously injured. I have seen injuries where no financial compensation trully compensates ( eg spinal, severe head injuries)

If you are injured see a GP. Also consider PIAB.

cosmic

griffin100 wrote: »

May not be so. If you dealt directly with the driver and he paid you out of your own pocket you can still submit a claim to the Injuries Board for compensation http://www.injuriesboard.ie/eng/
His insurance will be reponsbile for paying out. Even if you signed a disclaimer for him saying that that was the end of the matter you can still take a civil case as such disclaimers have no meaning in law.

Oh wow, thank you so much! I had resigned myself to having to pay it all out and blaming my ignorance at the time for not taking things further. The Guardai made me sign a disclaimer saying that it was out of their hands (i was kind of bullied into that, but that's another matter!) and I didn't want to have to go through small claims because I thought I'd have to pay solicitors fees because that would just cost more money. This looks really promising though. Thanks a million!

SerialComplaint

cosmic wrote: »

The Guardai made me sign a disclaimer saying that it was out of their hands (i was kind of bullied into that, but that's another matter!)

Please explain more? Was this part of a witness statement that you signed? What did they get you to say?

I came off the bike on Tuesday when a pedestrian who was already walking on the road clipped my handlebars and the front wheel went from under me. I had already seen her and thought I had a safe line around her, but I ended up with some nice road rash (see attached if you're not squeamish) and a ripped saddle.

I don't really want to sue her, and it could be difficult to go legal (no insurance, college residence address), but I really think I should get something out of her to pay for the many dressings & bandages I've gone through this week, as well as just general pain and disruption.
It seems a bit icky to phone her and look for money - opinions welcome?

Gavin

SerialComplaint wrote: »

I came off the bike on Tuesday when a pedestrian who was already walking on the road

Don't think you have any 'right' to sue her in this instance ? A pedestrian already on the road has right of way, according to the rules of the road.

IM0

you have had a pretty serious crash there...It sounded frighningly familiar to myself.

1) Call the cops and Ambulance to the scene even if you think you are 'ok'
they interview and take witness statements, and exchange ins info.

2) Get in the ambulance (easier said than done!)

4) Get checked out at the hospital and inform them its an RTA (road traffic accident)

____________________________________________________

You did none of that so now

- Go to the GP for a record of any injuries and assesment
- Inform the Cops
- Get some legal advice (its free consultation)

They will tell you about the injuriesboard.ie (check that site out in detail)
which is how your claim will be assesed.
you can either then pay for the solicitor to put in a claim for you €1900~ (why would nayone do that)

they just point you towards the state process of injuries board.ie

or you can start talking to the insurance company (not really advised unless your pretty streetwise and savvy in a solicitor kind of way)
more just listen to what they have to say, about options. They will tell you your rights (which Ive pretty much covered) then make your choice

injuries board - less hassle
solicitor - less money! (for you)
insurance - more hassle

whatever you do make DAMN sure you dont sign any waivers to insurance
you have about 18 months to put in a claim so wait and see how things pan out.

cosmic

SerialComplaint wrote: »

Please explain more? Was this part of a witness statement that you signed? What did they get you to say?

Well I was a bit naive about the whole thing to be honest. I've been cycling in Dublin city for nearly 10 years and have never had an accident like that so I didn't have a clue what to do really! In hindsight I should have done everything completely different now but sure it's too late for that!

About the Gardai, it's kind of complicated and long winded. OK, I'll sum it up as much as I can. When the driver hit me I initially couldn't stand up and had to be helped up but once I was standing, I was still in complete shock, adrenaline completely kicked in and I got furious. He was still sitting in his car doing nothing and I banged on the bonnet and kicked the drivers door a couple of times. I know it was silly but I really didn't even realize I was doing it, I don't even have a short temper normally, strange! Anyway, I was wearing little pumps (soft girlie shoes!) so there's no was in hell I did the slightest bif of damage, especially considering that my legs were so weak I could hardly even stand! Anyway... the story goes on....

That night I went to the station to press charges and it was all ok to go ahead. Then the Garda phoned the driver who said that he'd press charges for criminal damage to his car if I pressed charges against him for careless driving. I knew that I did absolutely no damage but the Garda said criminal damage charges cover intent. I knew that there was absolutely no way I'd be convicted given the situation and that I'm normally a law abiding citizen but I was told that I'd still have to go to court and pay for legal representation.

So anyway, the Garda talked me into dropping the charges on the condition that I got the money back from the driver for my bike repairs, doctor and hospital bills (a bargain for the driver at €119) Then he drew up a letter stating that all charges were dropped and that if I wanted to take matters further it would be nothing to do with the Gardai, but it would be a civil matter.

Basically, what I have now realized is that the lovely Garda in question wasn't bothered doing all the paperwork that would be involved in the whole thing so bullied me into dropping it all. It's frustrating but at least I know that if something happens to me again (not that I ever want that!) I'll know what to do.

Re your fall: Looks nasty I hope you're ok!

Jawgap

Gavin wrote: »

Don't think you have any 'right' to sue her in this instance ? A pedestrian already on the road has right of way, according to the rules of the road.

She may still be liable for a civil claim even if she was abiding by the law of the land - big problems proving she was negligent though before you get to extracting whatever damages you might get awarded from her.

griffin100

So anyway, the Garda talked me into dropping the charges on the condition that I got the money back from the driver for my bike repairs, doctor and hospital bills (a bargain for the driver at €119) Then he drew up a letter stating that all charges were dropped and that if I wanted to take matters further it would be nothing to do with the Gardai, but it would be a civil matter.

Basically, what I have now realized is that the lovely Garda in question wasn't bothered doing all the paperwork that would be involved in the whole thing so bullied me into dropping it all. It's frustrating but at least I know that if something happens to me again (not that I ever want that!) I'll know what to do.

Garda deal with criminal matters hence ''dropping of charges.'' Claims for compensation and damages are civil matters. The only involvement for the Garda in a civil claim such as this would be confirming that the accident did indeed occur and you could get a record of it from them for your injuries board submission. If you go to the injuries board it will cost you €50 and you can forget about it until a response is issued back to you. Worst case scenario is that the driver's insurance company will decline liablity and you will have to take a case using a solicitor if you are really serious about getting some compensation / medical expenses. At the minute IME insurers are getting more likely to decline liability for any claims as they are starting to see an increase in petty claims due to the recession and the 'ATM' attitude of the injuries board. However if you have a genuine claim to make don't be shy. That's what car insurance is for.

cosmic

Thanks griffin100, I'm completely clueless about all this stuff to be honest!

griffin100

Thanks griffin100, I'm completely clueless about all this stuff to be honest!

No problem. Go to www.injuriesboard.ie and print off Forms A and B; complete Form A yourself, get your doctor to complete Form B, post both with a cheque for €50 to the injuries board and forget about it for a few months and wait and see what happens.

At this stage do not involve a solicitor as this will delay the process and cost more money for everyone concerned.

SerialComplaint

cosmic wrote: »

That night I went to the station to press charges and it was all ok to go ahead. Then the Garda phoned the driver who said that he'd press charges for criminal damage to his car if I pressed charges against him for careless driving. I knew that I did absolutely no damage but the Garda said criminal damage charges cover intent. I knew that there was absolutely no way I'd be convicted given the situation and that I'm normally a law abiding citizen but I was told that I'd still have to go to court and pay for legal representation.

So anyway, the Garda talked me into dropping the charges on the condition that I got the money back from the driver for my bike repairs, doctor and hospital bills (a bargain for the driver at €119) Then he drew up a letter stating that all charges were dropped and that if I wanted to take matters further it would be nothing to do with the Gardai, but it would be a civil matter.

Basically, what I have now realized is that the lovely Garda in question wasn't bothered doing all the paperwork that would be involved in the whole thing so bullied me into dropping it all. It's frustrating but at least I know that if something happens to me again (not that I ever want that!) I'll know what to do.

Re your fall: Looks nasty I hope you're ok!

I'm still fairly confused. Was the 'letter' a witness statement, i.e. on a witness form, with your name, and with the standard warning about what happens to you if you tell porkies? I presume the letter didn't have any mention of yer man paying for your damages?

I'm not sure if this letter has any legal standing at all, so if you want to change your mind over the civil charges or even over the legal matter, you could make a good case for doing so. I'd guess you're right, that it would suit the Garda not to have to process the case formally, but if you made a mistake in agreeing to his plan, just go back to him and tell him.

The arm is recovering, though still a bit raw, thanks for asking.

Jawgap wrote: »

She may still be liable for a civil claim even if she was abiding by the law of the land - big problems proving she was negligent though before you get to extracting whatever damages you might get awarded from her.

Thanks for clarification.

cosmic

SerialComplaint wrote: »

I'm still fairly confused. Was the 'letter' a witness statement, i.e. on a witness form, with your name, and with the standard warning about what happens to you if you tell porkies? I presume the letter didn't have any mention of yer man paying for your damages

Oh no, the witness statement was completely different. This was just a little note type thing basically that he wrote in his little Garda notebook thingy. The payment was mentioned in the note. Then he said he'd photocopy the note and post a copy to the driver. Strange he never offered me one. And I never thought to ask. I know I was a very silly girl but I was still in shock at the time and clearly wasn't thinking straight!

I think I'll be happy going to the Injuries Board

blanco

SerialComplaint wrote: »

Please explain more? Was this part of a witness statement that you signed? What did they get you to say?

I came off the bike on Tuesday when a pedestrian who was already walking on the road clipped my handlebars and the front wheel went from under me. I had already seen her and thought I had a safe line around her, but I ended up with some nice road rash (see attached if you're not squeamish) and a ripped saddle.

I don't really want to sue her, and it could be difficult to go legal (no insurance, college residence address), but I really think I should get something out of her to pay for the many dressings & bandages I've gone through this week, as well as just general pain and disruption.
It seems a bit icky to phone her and look for money - opinions welcome?

I think you should give her a call and say you're going to sue her for damages.
You stated that you had already seen her, so lets hope she or the cops don't ask why you failed to stop in time.

SerialComplaint

blanco wrote: »

You stated that you had already seen her, so lets hope she or the cops don't ask why you failed to stop in time.

It's not really a matter of stopping. I saw her on the road, and I had a clear line around her.

I really don't know what happened then. I can only guess she stepped out further, and caught against the handlebar, which pulled the front wheel from under me.

I don't see any role for the Gardai - It's a civil matter anyway.

blorg

@SerialComplaint- I don't think you would get very far in a claim against that pedestrian.

chasm

griffin100 wrote: »

No problem. Go to www.injuriesboard.ie and print off Forms A and B; complete Form A yourself, get your doctor to complete Form B, post both with a cheque for €50 to the injuries board and forget about it for a few months and wait and see what happens.

At this stage do not involve a solicitor as this will delay the process and cost more money for everyone concerned.

Hi Guys,
from what i have been reading as regards lodging a claim with the injuries board, you have to first send a "letter of claim" to the person whom you hold responsible for your injuries, within 2 months of the accident.

cosmic

chasm wrote: »

Hi Guys,
from what i have been reading as regards lodging a claim with the injuries board, you have to first send a "letter of claim" to the person whom you hold responsible for your injuries, within 2 months of the accident.

No, you don't have to. I was worried about that too but I phoned the Injuries Board up and they said they advise that you do it but you really don't have to at all. No need to worry

lenomark

p wrote: »

You realise that attitude is one of the reasons that insurance costs are so high in this country, right?

Suing people is not a 'victimless crime'.

All insurance payments are ultimately passed on to customers, so by all means put in a claim, but do it fairly and honestly, anything else is just stealing from your friends, neighbours and family.

"Right" im a male 29 yo fully licensed driver the past 10 years i have had no accidents at all . when i was 19 i got insured for the first time and it cost me 4300 pounds for a year third party fire and theft ! not because of people claiming when they got knocked off there bike but in fact it is because i was male , 19 yo, and had no experience on the road in the following years i also payed 3800 pound ,3400 pound ,and so on and so on my insurance is now 302 euros fully comp , i also own a bicycle and if someone knocks me off it i shall claim for anything i can and will be right to do so .:cool: