Car Crash

Kissy Lips

I got knocked off my bike last night by a car. The driver completely failed to see me even though I have bright front and back lights and a polaris high-vis jacket. It was completely her fault and she said as much.

My saddle and pedal are wrecked. I will also need to put the bike into the shop to check the forks etc. I might need to go to the physio since my knee is hurting too.

What should I do about the costs of the bike check, pedal & physio etc?

Should I call her and get her to pay for it all? What if she says no?

Do you go through the insurance etc?

Captain Havoc

Follow it up but don't take the pee either, report it to the gardaí.

Raam

You can go through insurance if you wish. It's not the driver's choice.

feck sake lads

solicitor and pretty damn quick:cool:

niceonetom

Incident report with the guards.

Get thee to a doctor. What feels like a sore knee could well turn out to be something serious and if you need physio etc. it will be expensive. If the driver was at fault, she, or her insurance co. should pay these bills, including your first trip to the GP for assessment.

Don't let yourself be fobbed off with the price of some new pedals only to find out in a month that your knee is no better.

seamus

A number of us here have been through this and it's all too easy to shrug it off once you discover that you're OK.

- File an accident report with the Gardai
- Ensure that you have her insurance details
- Ring her to let her know what you intend to do and what possible costs she may have.

At the very least she will have to pay for a GP visit, replacement of the damaged bike parts and the cost of the shop evaluation. Any further costs arising out of this - physio appointments, drugs, frame replacement, etc should all be billed to her.

Go to a doctor. Go go go go go go go. It's too easy to "wait and see" and before you know it you've settled up your material losses but you're still off the bike due to your injury that you didn't get seen to.

Don't take the piss and exaggerate anything, but don't sell yourself short - she made the mistake and you're entitled to be compensated for your actual losses.

If she stops playing ball or pleads that she doesn't have the money, then just go direct to her insurance company.

Beasty

If there is an injury in an accident involving a motor vehicle it is a legal requirement to report the incident to the Gardai

briano

Don't call! Don't do anything that isn't recorded.

If it comes down to it, they may claim that you threatened them over the phone and it becomes your word against theirs.

It's sucky, but ask a solicitor to handle it for you. Then they can either write a letter asking for the costs or start a claim through the Insurance company.

blorg

You don't need a solicitor. Look up the PIAB (www.injuriesboard.ie) if you have a serious injury. Get yourself checked out by a doctor ASAP, write down immediately your account of what happened and make a garda report.

If there is nothing seriously wrong personally I would just want bike fixed and the cost of the GP visit. If they are problematic with that throw the book at them- but no insurance company will be. Don't sign anything about final settlement until you are sure you are OK.

Kissy Lips

briano wrote: »

Don't call! Don't do anything that isn't recorded.

If it comes down to it, they may claim that you threatened them over the phone and it becomes your word against theirs.

It's sucky, but ask a solicitor to handle it for you. Then they can either write a letter asking for the costs or start a claim through the Insurance company.

how much will the solicitor cost? is there a chance that I will get lumped with the solicitors bills? Perhaps if the witnesses decide not to go forward etc.

Raam

blorg wrote: »

If they are problematic with that throw the book at them- but no insurance company will be.

I'd like to agree with that, but first hand experience says no.

chakattack

Kissy Lips wrote: »

how much will the solicitor cost? is there a chance that I will get lumped with the solicitors bills? Perhaps if the witnesses decide not to go forward etc.

You only need a solicitor if things turn nasty.

If the other person accepts that it's their fault they will more than likely be honourable and pay for repairs/medical expenses.

Of course if this ends up being very expensive then they might want to go through their insurance company which can be a protracted affair (in my experience). The insurer will try to wrangle out of it even if the driver admits liability to them.

Best course of action is gardai, doctor and bike shop. Keep all quotes/bills and speak directly with the other person on the phone. Try to keep it amiable but follow up on all agreements in writing as a verbal agreement is your word against theirs.

Do you have any witnesses?

Give your bike a very detailed inspection (or get it done at the bike shop). I didn't even realise that my frame was destroyed until I was washing it a week after an accident.

Undercover Elephant

briano wrote: »

Don't call! Don't do anything that isn't recorded.

If it comes down to it, they may claim that you threatened them over the phone and it becomes your word against theirs.

I wouldn't worry too much about that. Claims that you threatened the driver don't make an iota of difference to your case. There's nothing wrong with recording the conversation if you want, and you should make a note of the call straight away, however it goes. Most people don't want their insurers involved and will co-operate without needing to involve m'learned friends. If you get any trouble, you can always go to the solicitor next.

Go and see the doctor first, though.

If you are dealing with solicitors, get a quote in advance and don't chat to them about the weather. They charge by the minute.

High Nellie

Report to Gardai definately.
I would replace the forks at least.
I would phone her and tell her you expect her to pay all bills - bike, physio, doc. etc., and see what she says. If she is a sensible person she will expect the problem to 'escelate' - that often happens
You don't 'go through her insurance' - she will only 'instruct' them if she is not willing to pay herself.
If you haven't a witness you could have a problem.

boege

Get bike checked out by bike shop as there may be hidden damage - if your bike is still under warranty it may now be invalid - ask shop to confirm.

I had an incident with a car on a bike that was still under warranty and I claimed for a full replacement.

BostonB

Glad to hear you are ok. When I got knocked off it took a few days till I really started hurting. With a bit of luck, maybe that won't happen to you. But just be aware of it.

Anyone who gets knocked off should grab a witness or two's details at the time. That makes it a lot easier, and also see if theres an CCTV. They get wiped on a regular basis, so check that early.

Kissy Lips wrote: »

...The driver completely failed to see me even though I have bright front and back lights and a polaris high-vis jacket....

All that helps, but its still easy for a driver not to see us.

Mucco

This thread has useful info, though the law may be different:
http://www.lfgss.com/thread4213.html

Kissy Lips

Thanks for all the advice..my knee is quite sore and stiff.

1) Bike is in getting checked in the shop.

2) Went to GP. He said I need an MRI on my knee.

3) Went to the Garda station in Tallaght. The garda at the counter said I dont need to file a report with them and just to talk to the driver involved. I walked out, got in my car and called the station and repeated the same story and a different garda said definitely file a report and let them take care of contacting the driver. The inconsistency in a case like this really pisses me off.

So I am going to go back to the garda station to file a report. Then after I know how much medical & bike repairs cost I will call the driver and take it from there.

...I also have 2 witnesses to the event!

chakattack

Kissy Lips wrote: »

Thanks for all the advice..my knee is quite sore and stiff.


3) Went to the Garda station in Tallaght. The garda at the counter said I dont need to file a report with them and just to talk to the driver involved. I walked out, got in my car and called the station and repeated the same story and a different garda said definitely file a report and let them take care of contacting the driver. The inconsistency in a case like this really pisses me off.

Someone didn't want to do the paperwork....

It's easy to get angry, but do your best to stay cordial with the driver. Just politely tell them that you've reported it as a formality rather than them getting a bit p*ssed off if they get a call from the Gardai.

poochiem

Kissy Lips wrote: »

Thanks for all the advice..my knee is quite sore and stiff.

1) Bike is in getting checked in the shop.

2) Went to GP. He said I need an MRI on my knee.

hope youre ok, knees can be an awful nuisance and the injuries sometimes take days to show once the swelling subsides. fingers crossed.

Thargor

What happened in the crash exactly?

Beasty

Thargor wrote: »

What happened in the crash exactly?

Now this is in the hands of the Gardai, please don't post further details of the actual incident here

Thanks

Beasty

C4Kid

Thats terrible, In the car or on the bike You can see these people who are in such a rush even late at night, that the don't see people or cyclists and come very close to accidents.

While watching IRT: Deadliest Roads one guy said :I'ts always somebody else thats causes Your accident and imo it could be an accurate statement for cyclists here.