Got hit by a car

cojomo2

Quick question folks:

My mate got hit by a car while on the bike. The car was a commercial car, and the lad that was driving it claimed no responsibility.

Ambulance was called but in the end, not needed. Police arrived and gave the driver a bit of grief when he denied he was responsible and told him he was fully responsible.

Police took his insurance details and my mate , still in shock , went home.

When he got home, he realised his bike was wrecked and rang the driver on his mobile to say he would require a new bike. Driver said 'i have an old bike in the shed- you can take it'' which my mate refused.

Driver then gave my mate his office no. and a name a a girl if the office that deals with 'claims' and such. He rang and left a message, she called back the next day but he missed it. He still hasn't been able to make contact.

I told him to forget about ringing her and ring his insurance company immediately and report the accent and claim for new bike and medical costs (had to get xrays etc).

whats the best procedure to follow here?

Thanks

seamus

The Gardai aren't supposed to assign blame at the scene, but it wouldn't surprise me if they did.

Yes, he should ring the driver's insurance company directly to put a claim in. They may claim that they have to be contacted by another insurer, they're lying. You can put a claim in directly yourself.

Ray Palmer

Insurance company after the driver being such an idiot

cojomo2

thanks, that's what I thought.

My mate was honest with the chap, he had the bike built from scratch, some parts 2nd hand etc, cost him 6-700 , and that's what he wanted..he wasn't bothered about the medical bill or any of that until the chap started offering him an old bike in his shed saying 'sure your not a professional cyclist , what difference does it make''

He can't remember what ins. co it was but he will get in touch with the cops to get the details. Is there any time limit in which a claim has to be made?

galwaycyclist

Did your mate get contact details for the Guards? Either way he should go down to the station and report it himself and see that it gets put up on the system.

CramCycle

Having recently been in a similar situation, call into the garda station and get the record of the incident and all statements given. Get your mate to give one immediately if he has not done so.

Some Gardai will not give out the info to you, if this is the case, write a letter to the Superintendent asking to view any and all reports or for a copy of them. There may be a small fee, depends on the super, if you request them for personal use they might let it slide but if it is your solicitor then they will charge 35quid to him. If you want to cheap skate it you could ask for it under the FOI for 7 quid but always be nice as there is no need to hassle them over it.

Call the insurance company ASAP, if they refuse to deal with you, ask for them to wait for you to explain that if they are not helpful you will be onto your solicitor and most likely the PIAB (as most solicitors will want to make enough to cover their costs). They will usually be more understanding after this. Keep a note of any aches, pains you(r friend) develops, and photo any scratches or cuts from the accident.

While this seems over the top, it is for your own protection should the driver change his mind and turn it on you(r friend)

R P McMurphy

No driver should admit responsibility for an accident. It is not their place to do so and will affect their cover, it is up to the insurance company to assess what has happened and then admit liability if the driver was in the wrong

pgd-pgd

He should contact his Solicitor immediately and also see his GP immediately. I'm not saying to jump on the ol' claim bandwagon straightaway , but he coulld suffer as a result of his injuries in next few days ,weeks or even years. From someone who got knocked off his bike , it took me years to get sorted out with a claim and all I wanted was my bike replaced!!
Tell him to record evrything in diary form as well, if making contact with insurance companies.... Names, Times , Dates etc...

Hope all ends well for him.

radiat

just as an aside. You said your friend went into shock after the accident. The same happened to me about a year ago. A car went to do a U turn while i was passing on the outside. It hit me and i went flying. I was so dazed i got up, apologised and cycled home!!!!!!!!! That evening i had to go to the doctor and get checked over. I was ok bar a very impressive bruise on my thigh. If anybody reading hasn't been in an accident before make sure you stop and take time to recover and get your full bearings before you go or do anything.

mmclo

NB: FOI deosn't apply to Gardai, maybe Data Protection Acts if it is deemed personal record

I'd say the insurance co will just pay out

Fieldies Dreams

My mate got hit by a car



i hope he hit it back

mbiking123

Hi

I would say make a statement to the gardai, possibly the DPP will prosecute the driver. If the DPP brings the driver to court your friend will have to attend court and give evidence. Gardai dont give details out until the DPP has made a decision to press charges or not. The gardai makes the report and the super recommends to the DPP on what he/she believes should happen

The Gardai will have all the info on the driver (based on what you said) and after that all I can say is that if your your friends not injured he/she is lucky and insurance probably cough up quickly for new bike. They may wish to take a look at the bike so dont fix it up until then.

Hope info helps

Karma

R P McMurphy wrote: »

No driver should admit responsibility for an accident. It is not their place to do so and will affect their cover, it is up to the insurance company to assess what has happened and then admit liability if the driver was in the wrong

You must be resposible for your actions in a car(or any other vehicle), that includes liabillity(not for insurance companies to decide-2 customers with the same broker...) this "admit nothing"* will just confirm to people, why you are a bottom feeder.
*admit nothing, is what advice the guilty get told by concened friends.

I find your point lacking any credible fact....


what to do, stay here or watch the muppet show...:rolleyes:

langdang

Karma wrote: »

You must be resposible for your actions in a car(or any other vehicle), that includes liabillity(not for insurance companies to decide-2 customers with the same broker...) this "admit nothing"* will just confirm to people, why you are a bottom feeder.
*admit nothing, is what advice the guilty get told by concened friends.

I find your point lacking any credible fact....


what to do, stay here or watch the muppet show...:rolleyes:

Check any motor insurance policy. It's one of the terms and conditions that you do not accept responsibility for the accident.

Cabaal

langdang wrote: »

Check any motor insurance policy. It's one of the terms and conditions that you do not accept responsibility for the accident.

Thats so the insurance company are given wiggle room so they won't have to make a payout, if you admit liability it gives them feck all ability to wiggle

coolbeans

R P McMurphy wrote: »

No driver should admit responsibility for an accident. It is not their place to do so and will affect their cover, it is up to the insurance company to assess what has happened and then admit liability if the driver was in the wrong

Hate this attitude, if you're wrong, you're wrong and no insurance company should preclude you from admitting responsibility. If people took responsibility for their actions life would be easier for all.

CramCycle

coolbeans wrote: »

Hate this attitude, if you're wrong, you're wrong and no insurance company should preclude you from admitting responsibility. If people took responsibility for their actions life would be easier for all.

It is a terrible attitude but it is one that is forced on most drivers, if you admit liability, your insurance is null and void, therefore you no longer have any insurance with which to pay out whoever you had an accident with. If you say nothing, the insurance company covers you and if you were in the wrong they will pay out for you.

coolbeans

CramCycle wrote: »

coolbeans wrote: »

Hate this attitude, if you're wrong, you're wrong and no insurance company should preclude you from admitting responsibility. If people took responsibility for their actions life would be easier for all.

It is a terrible attitude but it is one that is forced on most drivers, if you admit liability, your insurance is null and void, therefore you no longer have any insurance with which to pay out whoever you had an accident with. If you say nothing, the insurance company covers you and if you were in the wrong they will pay out for you.

Are u joking? If you admit responsibility you're noy insured. I doubt that. In fact if that is true I count myself very lucky as I had a low speed impact on the Quays in January that was entirely my fault. I admitted as such at the scene, confirmed this with the insurer and lost my NCB.
If you're wrong you are wrong and this should be admitted (where it is clearcut where responsibility lies).

Karma

i admitted liabillity for my accidents over the years, every time(all 2 of them) my insurance was fine about it. you policy can not make you break the law...
denying responsibillity... had much of a cnut do you need to be??? the rules of the road take precidence(?) over company policy... my insurance company got ****ty about me admitting responsability, but as i pointed out, i was saving everyone time... as i was in the wrong. Of course the police report was going to say i was in the wrong...

funkyjebus

Just to clarify here as there is a bit of mis-information, but as an Insurance broker I can confirm that a policy asks an insured driver to not admit laibility, however doing so does not null and void the policy / claim.

If it states somewhere in your policy that it is warranted (or to a lesser extent, if it was a condition) that you do not admit liability, then the policy / claim could be void, however I've never ever seen a motor policy written like this. Such a condition could be deemed as putting an unreasonable onus on the driver, ie: to lie.

For the OP, do not contact the driver again, just deal with his insurer, who will very happily pay for your new bike and medical expenses to alleviate the possibility if you seeking damages.

Oldlegs

Karma wrote: »

You must be resposible for your actions in a car(or any other vehicle), that includes liabillity(not for insurance companies to decide-2 customers with the same broker...) this "admit nothing"* will just confirm to people, why you are a bottom feeder.
*admit nothing, is what advice the guilty get told by concened friends.

I find your point lacking any credible fact....


what to do, stay here or watch the muppet show...:rolleyes:

Wow - such a balanced response from a Hosted Moderator :eek:

For what it is worth - "not admitting liability" is not the same as trying to get off scott free. It actually makes sense in terms of getting all involved to deal with the situation in a calm way outside of the initial shock of the incident.

If there is a threat of a court case, most insurance companies will pay a small claim irrespective of the 'guilty' party and just pass on the cost as an increase in premium :-(

In this case, I would be very surprised if the insurance company did not pay out ASAP, difficult to pass the blame from a car-driver to the cyclist, even if they were inclined to.

You should lodge a claim, but take you time accepting any "full and final" settlement until you are sure that there are no longer-term injuries resulting from the incident.

kuro_man

By buying insurance you have paid a third party (the insurance company) to accept liability for any incidents that are covered by the policy. The reason they ask you not to admit liability is it is no longer yours to admit, it is theirs. It could be possible, in complex circumstance, to admit liability erroneously.
It is not about hiding or getting off, but stopping knee-jerk/emotional responses at the scene from clouding the investigation.
When you fill in an incident report it asks if you are "at fault" for the accident and this is the proper place to do it.

cojomo2

Thanks for all the replies. I have linked my mate to this thread ..hopefully he will get sorted wit a new bike /expenses soon.

average_runner

Just a matter of interest, I cycle and drive a car. But if i get by a car and damage the car, and i am responsible, can the drive sue me for damages?

funkyjebus

average_runner wrote: »

Just a matter of interest, I cycle and drive a car. But if i get by a car and damage the car, and i am responsible, can the drive sue me for damages?

Indeed they can, although they would need you to provide them with your details. It is irrelevant what you are doing, once you cause property damage or bodily injury as a result of your negligence, you can be sued.

People have been sued for less.

rollingscone

A few salient points on the discussion of liability at the scene:

1. The reason to not discuss liability at the scene is that you will probably be in some form of distress and might admit something that's not your fault.

2. If you apologise verbally at the scene a reasonable court will usually accTept that you weren't thinking clearly due to the accident.

This is much harder to argue with WRITTEN statements so never ever write or sign one at the scene.
Stay calm and agree to discuss things later or the following day.

The advice to the OP to contact the driver's insurer is good advice.

The driver might be a plonker but the company and their insurer will take a longer view on what makes sense.

Snako

Got hit by a car on my bike yesterday,

Gards were called but never showed up,

After a few hours in the hospital went back to my local station,

unfortunately called in while the rugby was on, and the young Guard who emerged to serve me had no interest and told me to basically f**k off to a station closer to the incident,

whole right side of my body is black and blue, ankle and wrist are in bits, and couldn't muster up the energy to get myself to the other station,

not exactly sure why I'm posting here, three conclusions

1) Gards are self absorbed ignorant, moronic, unpleasant ****
2) Cyclists are purely at the mercy of reckless negligent drivers
and
3) Always wear a helmet

Paul Kiernan

Snako wrote: »

Got hit by a car on my bike yesterday,

Gards were called but never showed up,

After a few hours in the hospital went back to my local station,

unfortunately called in while the rugby was on, and the young Guard who emerged to serve me had no interest and told me to basically f**k off to a station closer to the incident,

whole right side of my body is black and blue, ankle and wrist are in bits, and couldn't muster up the energy to get myself to the other station,

not exactly sure why I'm posting here, three conclusions

1) Gards are self absorbed ignorant, moronic, unpleasant ****
2) Cyclists are purely at the mercy of reckless negligent drivers
and
3) Always wear a helmet

Sorry to hear about your accident. Hope you recover soon.

You don't say how the accident happened. Was the other driver at fault? Did you get his details? Were there any witnesses? How did you get to hospital?

Snako

The accident happened when a woman in a Micra cut me off to switch lanes into the shopping centre slip road, which just opened at that point, so I wasn't at any fault.

The woman didn't stop, she continued to the lights, where another woman pulled alongside her, and began shouting and beeping, not clear on what was said in their exchange, but it resulted in both of them returning to the scene,

At this point I was quite shocked, but had quickly got to my feet to get myself and my bike off the road, others had pulled over and some pedestrians had come to see if I was alright,

Unfortunately I was not in a logical frame of mind, and failed to collect a single witness's phone number, I did manage to get the registration and phone number of the driver, and am hopefully of getting the number of the woman who called the Gards,

After the Gards didn't show, made a few phone calls, got picked up and went to get checked out, very luck no broken bones, took the impact from the car with wrist, and the rest on my right-hand side as I fell, as far a I can remember, happened so fast.

Bike took a knock, gears are bent, devastated cause its only new,

Since my last post, I have managed to make a statement with the Gards, who were relatively more compliant on my second visit, and Iv also been called by my GP who wants to make "more thorough notes" should any future difficulties arise.

Paul Kiernan

I'm not an expert on this but AFAIK if somebody is injured the guards have to attend and the parties involved have to remain on the scene and give a statement.

The guards should provide you with the details of the driver (inc. insurance details) and I presume also the person who called them who is probably a viable witness. Even without witnesses, it is quite likely that the drivers statement (unless they lie!) may be such that their insurance company will accept liability. In that case, you should have no problem being reimbursed for damage to your bike, any medical costs, loss of earnings (if you can't work) and you are also entitled to compensation for your injuries through the Personal Injuries Assessment Board.

GGorman

I heard it happen a couple of times but don't forget to include the price of a new helmet, ripped clothing or broken cleats in the claim if it does occur.

GinjaNinja

A car pulled out into me on Tuesday.
Fighten the boll-ics out of me. The car pulled out accross me and I crash sidways into it at about 26kph. ambulance called. and guards. all arive in 10 minutes. it was in seville pl so close to Matter.
Parametics did a spinal at the scene and i was carted off. I got a good verdict, no broken bones, cust scraps/abrasions on arm from smashin the window and brusing welling in my hip/side.

have 3 witness.

Bike is a write-off. annoying a 1k bike is gone and by the sound of it, it will take ages to recover/repair from a claim.

Luckly im in good spirits now.

Have to go to give statement on Monday, the driver never said a word to me whilst i was lying on the ground. Apparently his statement is claiming I cam out of no where . On a straight road I and the guard can't understand that. I have my gps data to back me up.

anyway. Anyone any advice. I've gotten x-rays and scans of all injured areas. just in case. after statements to gardai whats my next steps?

SerialComplaint

Ouch - hope you're feeling better soon. For something as serious as that, I'd be inclined to get a solicitor. You don't want an ambulance chaser. But you do want someone who will sort out the claim without you having to stress over it. Speak to family or friends to find a decent solicitor. Make sure you agree fees up-front.

CramCycle

GinjaNinja wrote: »

Have to go to give statement on Monday, the driver never said a word to me whilst i was lying on the ground. Apparently his statement is claiming I cam out of no where . On a straight road I and the guard can't understand that. I have my gps data to back me up.

LOL Metro Headline: Motorist confused as car hit by teleporting Cyclist.

Nesie

Does anyone know what you should do if you get knocked down by another cyclist? Obv not nearly as seriousas getting hit by a car but it happened me before Christmas and I was in such shock I just got up and went on. I was in pain for ages afterwards and had some pretty big bruises. There was damamger to the boke too whichI had to pay to get fixed.

GinjaNinja

GinjaNinja wrote: »

A car pulled out into me on Tuesday.
Fighten the boll-ics out of me. The car pulled out accross me and I crash sidways into it at about 26kph. ambulance called. and guards. all arive in 10 minutes. it was in seville pl so close to Matter.
Parametics did a spinal at the scene and i was carted off. I got a good verdict, no broken bones, cust scraps/abrasions on arm from smashin the window and brusing welling in my hip/side.

have 3 witness.

Bike is a write-off. annoying a 1k bike is gone and by the sound of it, it will take ages to recover/repair from a claim.

Luckly im in good spirits now.

Have to go to give statement on Monday, the driver never said a word to me whilst i was lying on the ground. Apparently his statement is claiming I cam out of no where . On a straight road I and the guard can't understand that. I have my gps data to back me up.

anyway. Anyone any advice. I've gotten x-rays and scans of all injured areas. just in case. after statements to gardai whats my next steps?

Thought I'd give a update.

Still off the bike, really miss it. been 10 months now. Just found out o have a labral tear in my hip joint, the one that took the impact of the car.

another 6-9 months of recovery potentially.

Its amazing what a stupid wa**er in a car no looking what he's doing and the damage he can cause.

Here hoping i get fixed and back on the bike in the year,. 2014 for l'Etape du Tour

manwithaplan

Hope the long recovery goes well.

We have all messed up at some point so I wouldn't be for hanging and flogging the driver unless he has been sticking to his rematerialisation story. Hope things are OK on that front.

Run_to_da_hills

The driver is an assh*le and the only language that this guy will understand is from a solicitor.

Seek one that is very familiar with cycle / motorcycle claims, he is entitled for a new bicycle, clothes that got damaged and personal injury/ shock.

Do not communicate with him or his insurance company, a solicitor will do this.

manwithaplan

Run_to_da_hills wrote: »

The driver is an assh*le and the only language that this guy will understand is from a solicitor.

Seek one that is very familiar with cycle / motorcycle claims, he is entitled for a new bicycle, clothes that got damaged and personal injury/ shock.

Do not communicate with him or his insurance company, a solicitor will do this.

This happened ten months ago - I imagine he is on it!

GinjaNinja

Yeah All done with solicitor,
injuriesboard underway. i'm 2k in the hole so far with it. and another 1k minimum on bills to come.

Have never spoken with driver, he never talked to me or applogiesed, but i guess given he accepted liability for injuries board to persue, i'd say he changed is mind on my magic materization. TBH the guy did come across as a right so and so.

Nothing from police on whether he was charged with wreckless driving or anything like that.

Sure look to to heal and move on, some humans are just like that, i just hope i don't become like that myself.

ford2600

He doesn't have to have accepted liability for injuries board to take up matter.
They will in time issue an authoritisation for a certain amount depending on your injuries. The insurance company can then decide to accept or reject that amount, as can you.
If it's rejected by either party, you enter the court system.
You need your solicitor to clarify your situation.
You also need clarity on the fees he will charge. The PIAB system doen't allow for costs, but Insurance companies will sometime offer a certain amount to cover costs and keep it out of court system.
If you haven't got it already get very clear details from solicitor on costs. Devil is in detail.
Be sure to haggle, but keep on good terms.
All the best with recovery

smacl

GinjaNinja wrote: »

Sure look to to heal and move on, some humans are just like that, i just hope i don't become like that myself.

Once you're aware of it you never will, life's too short. Good luck with the healing, return to the saddle at some stage next year, and 2014 tour d'etape.

del_boy13

I got knocked off the bike on Wednesday on the way home. Driver in the wrong pulling out in front of me to go the wrong way down the street.

He stopped moving when I landed in front of him. Was very lucky with no serious injuries just a couple of bruises and some aches and pains.

The driver stopped pulled over, helped me as much as he could, provided me with all his details and called the following day to see how I was. Has offered to pay the cost of replacing the bike over €800 as its a write off.

Just to say that they are not all muppets etc.

Back on the bike in the New Year as soon as I have gotten a new one.

seamus

I think it's fair to say that the vast majority of drivers aren't asshats immediately after an accident. They're apologetic and initially delighted that you haven't been squished under the wheels.

It's only when they get some time between them and the accident and have weasels whispering in their ears about pulling a fast one that they start making claims about the cyclist coming out of nowhere or not answering their phone or talking to solicitors.

Zyzz

..and this is why I ride with a camera

seve65

langdang wrote: »

Check any motor insurance policy. It's one of the terms and conditions that you do not accept responsibility for the accident.

what about ones personal integrity ?

slavedave

Knocked off my bike 5 weeks ago. Taxi driver just clipped my rear wheel on a roundabout and I went down like a sack of spuds. He stopped on the roundabout and started to try to lift me off the road, apologising all the time. He got me and the bike to the side of the road but my right shoulder was killing me and I hit my (helmeted) head hard on the road and was a bit disorientated to say the least. Anyhow, the guy drove off! I didn't get his number nor a reg and there were no witnesses that stopped (rush hour traffic). Fortunately someone further back down the traffic saw me on the side of the road and stopped and the driver was a medic. He checked me over and recommended a visit to the local hospital. Upshot was a fractured clavicle and a sore rib.
Reported it to the Gardai the next day but there was very little to go on and no other reports of the incident had been made to them. End of story.
However, this is the second time I have been hit by a car - the first was no big deal compared to this. I thought I was a logical, observant kind of bloke but both times I didn't have the presence of mind to take a photo with the phone or even id witnesses/ get reg nos. so it goes to show that a fall can often make you act out of character. Considering a helmet cam myself for when I get back on the bike again.
Be careful out there. If I get involved in another accident, getting the driver to wait while I collect my thoughts together is going to be high on my priority list in future. Let's hope I don't need to though.

opti0nal

ford2600 wrote: »

He doesn't have to have accepted liability for injuries board to take up matter.

The solicitor can help with any dispute over fault/liability. He should have said where that's at.

ford2600 wrote: »

The insurance company can then decide to accept or reject that amount, as can you.
If it's rejected by either party, you enter the court system.

If the insurance side reject the PIAB assessment, then when it goes to court, they'll be liable for both his costs and theirs assuming they're at 100% blame/fault.

If the claimaint rejects the PIAB assessment and the court awards less than the PIAB, then he gets stuck with his costs and those of the insurance company even if they're 100% at fault. This could wipe out the award. If the solicitor has not explained this, he's not experienced.

ford2600 wrote: »

Insurance companies will sometime offer a certain amount to cover costs and keep it out of court system.

A good solicitor will know the costs facing the insurance company and will haggle based on splitting the difference, so that they save half and the claimant gets the half that otherwise would have been eaten up by fees.

Other thing to think about is that once he's settled, he's no further claim if you find that his recovery has setbacks. So, if he can afford to be patient, use the time to be sure he knows the full outcome and costs for himself.

Document/diary everything and if he can afford it, attend doctor/physio with your ailments so that they can be verified and recorded as he recovers. That way he'll have a better case than just saying to the judge that he's was 'very sore'...

Best wishes.

jimmycrackcorm

slavedave wrote: »

Knocked off my bike 5 weeks ago. Taxi driver just clipped my rear wheel on a roundabout and I went down like a sack of spuds. He stopped on the roundabout and started to try to lift me off the road, apologising all the time. He got me and the bike to the side of the road but my right shoulder was killing me and I hit my (helmeted) head hard on the road and was a bit disorientated to say the least. Anyhow, the guy drove off! I didn't get his number nor a reg and there were no witnesses that stopped (rush hour traffic). Fortunately someone further back down the traffic saw me on the side of the road and stopped and the driver was a medic. He checked me over and recommended a visit to the local hospital. Upshot was a fractured clavicle and a sore rib.
Reported it to the Gardai the next day but there was very little to go on and no other reports of the incident had been made to them. End of story.
However, this is the second time I have been hit by a car - the first was no big deal compared to this. I thought I was a logical, observant kind of bloke but both times I didn't have the presence of mind to take a photo with the phone or even id witnesses/ get reg nos. so it goes to show that a fall can often make you act out of character. Considering a helmet cam myself for when I get back on the bike again.
Be careful out there. If I get involved in another accident, getting the driver to wait while I collect my thoughts together is going to be high on my priority list in future. Let's hope I don't need to though.

I too think that getting a helmet cam is essential as it's only a matter of time.

RainyDay

seve65 wrote: »

what about ones personal integrity ?

You can have your personal integrity if you prepared to accept the personal liability. If you expect your insurer to cover the liability, then you play by their rules.

slavedave

Picked up the bike from the bike shop after putting it into get checked over before getting back into commuting again after nearly two months off it today. Decided to buy a helmet in the shop for the cycle home whilst I was at it. Good job - within 600 yards I just missed getting hit again. Turning right on a roundabout, good vision for the traffic coming towards me from the other direction but alas, a mini driver was obviously more occupied with thinking about what she had to buy in the Blachardstown Shopping Centre she was turning into. It was only evasive riding and a large stroke of luck that I wasn't knocked off again. She apologised profusely but it didn't do much for the confidence - first ride back after the broken collar bone. Over christmas I ordered a pair of cheap minicams from China that I am going to adapt a mount for my helmet to catch videos of some of these drivers. I know it won't stop me getting in accidents but at least I may get some comeback next time.
Be careful out there peoples. Grrrr.:mad: