Got hit by car today, what are the next steps

Hmmzis

Hi Everyone.

Unfortunately I got hit by a car today and had to go the hospital. Got assessed and there doesn't seem to be anything major damaged on myself. Will double check with the GP tomorrow. Garda and ambulance were called out on the scene and driver stayed on site and gave details to the gards. There was also a witness that gave his details to me and the gards.

The helmet and the bike seem to have suffered more damage than me. There are some indentations and a rip in the foam of the helmet from the impact. I'm suspecting that means a new one is in order. The bike is now in the garda station so I'm not sure how much damage it sustained. The only immediate thing I noticed was that the bars were not straight any more. The big concern is the carbon forks.

Tomorrow I'll go and see a doc just in case and then I'll head to the station to collect the bike.

I'm assuming I'll need to get the insurance details from the gards in case the bike has suffered some damage. Also, the doc fee and the taxi from hospital cost money, would like to get that back too.

Apologies if the above looks a bit like a ramble, I'm still feeling a bit shaken up.

Any advice on how to best approach this would be very welcome.

Thanks.

kingoffifa

the bike is metal (and carbon) - and completely replaceable.

so don't bother your head about that.

Glad to hear you are ok. note tomorrow you will feel pain somewhere that you didnt today so do take it handy.

ford2600

While it's still frsh in your head, writedown exactly wht happened. Your road position, speed, road conditions, every detail you can remember.
Get copy of witness statement as soon a s you can.
Rest up, let your body recover from shock and trauma.
The rights and wrongs of it can wait till your head is right.

If in any doubt about fork or frame etc don't use it. Let the Insurance company find an engineer to certify that bike is safe to use. If the bike has any serious damage it'll probably be cheaper to write it off.

PM if you have any bother on that score when the time comes

Take in handy in meantime

Hmmzis wrote: »

Hi Everyone.

Unfortunately I got hit by a car today and had to go the hospital. Got assessed and there doesn't seem to be anything major damaged on myself. Will double check with the GP tomorrow. Garda and ambulance were called out on the scene and driver stayed on site and gave details to the gards. There was also a witness that gave his details to me and the gards.

The helmet and the bike seem to have suffered more damage than me. There are some indentations and a rip in the foam of the helmet from the impact. I'm suspecting that means a new one is in order. The bike is now in the garda station so I'm not sure how much damage it sustained. The only immediate thing I noticed was that the bars were not straight any more. The big concern is the carbon forks.

Tomorrow I'll go and see a doc just in case and then I'll head to the station to collect the bike.

I'm assuming I'll need to get the insurance details from the gards in case the bike has suffered some damage. Also, the doc fee and the taxi from hospital cost money, would like to get that back too.

Apologies if the above looks a bit like a ramble, I'm still feeling a bit shaken up.

Any advice on how to best approach this would be very welcome.

Thanks.

Run_to_da_hills

If the third party was at fault see about getting a good solicitor that is familiar with push bike incidents and start claiming damages

Cookie_Monster

Run_to_da_hills wrote: »

If the third party was at fault see about getting a good solicitor that is familiar with push bike incidents and start claiming damages

there's no need to be ambulance chasing if it's not required. Get what you are entitled to for sure, loss of earning, medical expanses, bike replacement and so forth but the rest is just crap

Run_to_da_hills

Cookie_Monster wrote: »

there's no need to be ambulance chasing if it's not required. Get what you are entitled to for sure, loss of earning, medical expanses, bike replacement and so forth but the rest is just crap

Where did I mention "the rest".

Cookie_Monster

Run_to_da_hills wrote: »

Where did I mention "the rest".

claiming damages... getting a solicitor etc, the insurance company will take care if it all.

Run_to_da_hills

Cookie_Monster wrote: »

claiming damages... getting a solicitor etc, the insurance company will take care if it all.

You would be a fool not to seek a solicitor if there was PI involved.

An insurance company could easily overlook and belittle any claim and in particularly if there was a conflict of interest between insurance companies of the injured and the third party. IE the same insurance company entertaining both parties. An insurance company may also deliberately overlook possible medical complications that could possible arise later on in life such as rheumatism in fractured joints etc. .

Cee-Jay-Cee

You don't need a solicitor at this stage. Get the drivers insurance details from the Guards and ring them yourself. Ask to speak to a claims assessor and tell them the extent of the damage and your injuries. Tell them very simply that it will be cheaper for them to deal with you directly otherwise your going to a solicitor and taking a personal injury claim and full costs. Most insurance companies will want the path of least resistance and that means dealing directly with you....if your not happy with what they offer then tell them and see what more they offer. If they're not playing ball then get a solicitor.

endacl

Run_to_da_hills wrote: »

Cookie_Monster wrote: »

claiming damages... getting a solicitor etc, the insurance company will take care if it all.

You would be a fool not to seek a solicitor if there was PI involved.

An insurance company could easily overlook and belittle any claim and in particularly if there was a conflict of interest between insurance companies of the injured and the third party. IE the same insurance company entertaining both parties. An insurance company may also deliberately overlook possible medical complications that could possible arise later on in life such as rheumatism in fractured joints etc. .

Going to have to break a loooong-standing pattern here and agree with RTDH...

After a crash that left me with physio bills for nearly three years, the other driver's insurance company proposed to write off my car and pay me the scrappage value, and offered me E350 'for my trouble'. Solicited advised against accepting, luckily. The settlement didn't cover the damage plus physio (or even nearly cover it), but it meant I didn't have to cover all if it myself.

The other driver's insurers don't have your best interests in mind, OP. Or even the other driver's best interests, for that matter. Engage a professional to represent you. His insurance company will pick up the bill. He won't suffer any additional financial burden, as his NCB will be taking a hit anyway, if he's admitted liability.

This isn't about milking a crash, or taking advantage of a situation. Just make sure you get good advice OP, and aren't taken advantage of.

Run_to_da_hills

endacl wrote: »

Going to have to break a loooong-standing pattern here and agree with RTDH...

After a crash that left me with physio bills for nearly three years, the other driver's insurance company proposed to write off my car and pay me the scrappage value, and offered me E350 'for my trouble'. Solicited advised against accepting, luckily. The settlement didn't cover the damage plus physio (or even nearly cover it), but it meant I didn't have to cover all if it myself.

The other driver's insurers don't have your best interests in mind, OP. Or even the other driver's best interests, for that matter. Engage a professional to represent you. His insurance company will pick up the bill. He won't suffer any additional financial burden, as his NCB will be taking a hit anyway, if he's admitted liability.

This isn't about milking a crash, or taking advantage of a situation. Just make sure you get good advice OP, and aren't taken advantage of.

After my own personal experience I would only deal through a solicitor.

A solicitor is hired on your behalf to look after your interests something which insurance companies will try to fob off, you can chat to them about rates prior to making any deal.

I broke my toe on in a motorbike crash after a car cut me off at a junction. Quinn Direct sent a rep to my house with a cash settlement of 5K a week later. I was tempted to take it as they told me that that was the PIAB rate for a broken toe. They lied.

After going through my solicitor and correct medical procedures, doctors reports etc which took several weeks I was told I had a hairline fracture in a joint which could lead to rheumatism in later life. The correct PIAB settlement listing for that injury was three times the rate what Quinn Direct came out with.

Insurance companies are crooks just like the banks.

xxlauraxxox

Mr Sail wrote: »

Was it your fault ? Many cyclists are very reckless these days[/QUO

most drivers are very reckless and dont watch out for cyclists they have a right to be on the road 2

Tomred13

Mr Sail wrote: »

Was it your fault ? Many cyclists are very reckless these days

That kind of comment doesnt help the poor chap that was in the accident! He said he got hit by a car so i think that resolves that issue. And saying that "many" cyclists are reckless is an uneducated and ignorant generalisation. There may be a few bad mannered cyclists out there but that can be also said of motorist.

longshanks

Mr Sail wrote: »

xxlauraxxox wrote: »

Hmmm if you cycle are carelessly as you type and use the quote function you better give up the pedals

Ridiculous.

masseyno9

Cyclists can be reckless, car drivers can be stupid, motorcyclists can filter too quickly, pedestrians can be absorbed in writing a text, van drivers, taxi drivers etc... Bottom line is that people can behave like idiots and some of them happen to drive the above vehicles.

MOD VOICE: The post you quoted has been deleted for obvious reasons, but the rest of your post was a fair point to anyone else

opti0nal

Make a map of the scene. Get a medical photographer to photography your injuries. Make photographs of any damaged equipment. Make photographs of the scene. Get quotes or find receipts for anything that needs replacing. Including clothing. All claims will be scrutinised. Don't be tempted to exagerate.

Dont't speak to the driver or his insurance. Don't accept any offer from the insurance, they're playing on your ignorance.

Iniitial offer from insurance will be a quarter of what they think they might have to pay.

You can bypass a solicitor and lodge a claim directly with PIAB. If the claim is not big this is probably the most efficient route. Only If any chance of long term after effects, engage a reputable solicitor with long experience in litigation.

The Gardai rarely prosecute bad driving, so the only redress is compensation.

enas

There's been a lot of good advice here. Regarding getting a solicitor or not, let me add my own advice here (I'm not an expert, I only talk from personal experience).

It is likely that you don't need a solicitor yet, at that stage. You have a pretty clear situation: the driver hit you, he seems to have admitted liability, and you have the Guards investigating the incident. Bear in mind that in any case, Guards job is criminal prosecution, i.e. charge the driver if he's committed an offence, and not make the driver pay you a correct compensation. You still need them for two things though: they will hopefully do a good job at making a detailed report of the incident, so it removes quite a burden from you, and should they prosecute the driver and should he get charged as a result, it will make the attribution of liability clear (i.e. the driver's insurance company won't bother denying liability).

This being said, there's no reason you shouldn't claim the full extent of the damages you suffer. However, you can lodge a claim directly with Injuries Board (formerly PIAB), which is very easy and you don't really need a solicitor for that. Bear in mind that in an Injuries Board claim, you don't specify any amount to claim, you just try to put an as accurate as possible account of the situation, and their assessors come up with a figure that either party can accept or reject. Seeing as those amounts are fairly standardised, there's little risk in my opinion when making such a claim, which makes solicitors a bit redundant at that stage (the hardest bit when making an Injuries Board claim in my opinion is making the defendant accept liability, which is where a solicitor can make all the difference, but in your case that doesn't seem to be an issue).

Finally, if you do get a solicitor, bear in mind that in Ireland, solicitors are not allowed to charge you based on the amount of compensation you get (you have to agree on a charge before any compensation is awarded). That's the law, but you'll be surprised at how many solicitors nevertheless try to intimidate their clients to that effect. Additionally, some solicitors charge on a non win no fee basis, which adds peace of mind (you know you won't lose money, and you know that the solicitor is confident in your case). Try to look for those.

Undercover Elephant

As it hasn't been covered - that helmet is done. You'll need a new one.

Get photos of all damage. If the forks need replacing, try to get a written report from the bike shop.

Keep all your receipts.

Hope all goes well with the doc today. Make sure you mention any problems you've had since the accident, even if they're minor and you can't see the connection. It makes it that much harder for an insurer to say that any continuing problems weren't caused by the accident.

fishy fishy

the OP did not say whose fault the accident was - surely that will be a factor for insurance. Maybe the motorist is planning to sue the cyclist. The OP only said that they were hit by a car - but they did not explain HOW they were hit, were they in the wrong place, were they where they should be on the road, etc.

Seweryn

I experienced a similar case this summer.

The Guards were called by the Driver, made a statement and left the scene. I never bothered with a Solicitor and I did not visit a doctor. Few cuts and bruises, that was all and I felt OK. Some of you may say, you need to go to a doctor. I did not and did not feel like it was needed. I am still fine though.

I got the car registration number from the Garda Station and they also gave me the Insurance company name of the other party. I sent a letter with the details of the accident to the insurance company and after about six weeks an independent engineer met me to asses the damages. Then I was requested to sent him all backup details of the damages to the bike, which he forwarded to the Insurance company. After another few days I received a call from them and they agreed to send me a cheque to the value I was looking for.
And that was all.

Hmmzis

fishy fishy wrote: »

the OP did not say whose fault the accident was - surely that will be a factor for insurance. Maybe the motorist is planning to sue the cyclist. The OP only said that they were hit by a car - but they did not explain HOW they were hit, were they in the wrong place, were they where they should be on the road, etc.

If it's of any importance to this thread then here it is.

Was coming out of a bus lane into a cycle lane (the bus lane ends there and a cycle lane starts) and got taken out by a car turning right into a side street that is at the end of the bus lane. I think my road positioning was alright and I had hi-viz and lights on.

enas

Seweryn wrote: »

And that was all.

That's as straightforward as it should always be. Unfortunately, not everyone is as lucky as that. In my case, the insurance was making things hard (for both parties), and they ended up having to pay much more than the few hundred euros of actual damage I was only asking in the beginning. Which makes me wonder why not all insurance companies act the way they did for you, since they should know that most people spontaneously ask for much less than what Injuries Board or a court would award.

ford2600

Good post.

As someone who deals with Insurance companies in a professional capacity just a few points.

OP focus on getting yourself better rather than trying to get your ducks in a row to get compensated for an injury(in fairness to op he has say anything about looking for compensation for injury).

PIAB deal with compensation for injury not material loss i.e. bike

Insurance companies handle OUR money. It's a pool we all pay into. Be firm, fair and straight up, fight your corner, but no more.

Include everything you need to be compensated for, bike, clothing, helmet, bike fit for new bike, first aid, day off work whatever. But your price on it and don't settle for less. You may need to go higher originaly to get what you deserve you may not.

Most importantly, the witness if he supports your version is SOLID GOLD. Everthing else is secondary. Find out what he has said. Liability won't be seriously an issue if driver was wrong an you have independent witness, who gave statement at scene, to support your version.

Finally get well and then get your money for your gear

Seweryn wrote: »

I experienced a similar case this summer.

The Guards were called by the Driver, made a statement and left the scene. I never bothered with a Solicitor and I did not visit a doctor. Few cuts and bruises, that was all and I felt OK. Some of you may say, you need to go to a doctor. I did not and did not feel like it was needed. I am still fine though.

I got the car registration number from the Garda Station and they also gave me the Insurance company name of the other party. I sent a letter with the details of the accident to the insurance company and after about six weeks an independent engineer met me to asses the damages. Then I was requested to sent him all backup details of the damages to the bike, which he forwarded to the Insurance company. After another few days I received a call from them and they agreed to send me a cheque to the value I was looking for.
And that was all.

Hmmzis

Thanks for all the helpful comments here. I have an appointment with the doc in the early afternoon. Head feels fine today, hand also getting better. Feeling the shoulder today a bit more, it must have taken more of the impact than I thought at first.

Given the doc says that I'm fine I'll get the bike from the station and ship it off to CSS for damage assessment. Took also some photos of the helmet, will see if I can get a new one.

cdaly_

enas wrote: »

Additionally, some solicitors charge on a non win no fee basis, which adds peace of mind (you know you won't lose money, and you know that the solicitor is confident in your case). Try to look for those.

Is it not the case that, while there will be no solicitor's fee, you can still end up liable for expenses incurred and, more significantly, the other party's costs? On that basis, there's certainly opportunity to lose money...

Gurgle

cdaly_ wrote: »

Is it not the case that, while there will be no solicitor's fee, you can still end up liable for expenses incurred and, more significantly, the other party's costs? On that basis, there's certainly opportunity to lose money...

What he said ^^
http://www.injury-compensation.ie/news/no-win-no-fee-solicitors-in-ireland/

enas

cdaly_ wrote: »

On that basis, there's certainly opportunity to lose money...

That is correct. But you would be paying that anyway (regardless of whether the solicitor is applying a no win no fee). However, the piece of mind comes from the fact that a no win no fee solicitor will assess a claim and probably accept it only if he's well confident in the outcome (that compensation will be awarded), in order to get paid by the defendant. Typically, for genuine and clear cases such as the OP's one, it offers an affordable way to have a solicitor representation (which is also the conclusion of the link given by Gurgle), so it's definitely something to consider, in my opinion.

Seve OB

kingoffifa wrote: »

the bike is metal (and carbon) - and completely replaceable.

so don't bother your head about that.

He has to bother about it, especially if it is damaged!

ford2600 wrote: »

Good post.

As someone who deals with Insurance companies in a professional capacity just a few points.

OP focus on getting yourself better rather than trying to get your ducks in a row to get compensated for an injury(in fairness to op he has say anything about looking for compensation for injury).

PIAB deal with compensation for injury not material loss i.e. bike

Insurance companies handle OUR money. It's a pool we all pay into. Be firm, fair and straight up, fight your corner, but no more.

Include everything you need to be compensated for, bike, clothing, helmet, bike fit for new bike, first aid, day off work whatever. But your price on it and don't settle for less. You may need to go higher originaly to get what you deserve you may not.

Most importantly, the witness if he supports your version is SOLID GOLD. Everthing else is secondary. Find out what he has said. Liability won't be seriously an issue if driver was wrong an you have independent witness, who gave statement at scene, to support your version.

Finally get well and then get your money for your gear

I think this is the best assessment of the situation. The OP is not looking for compensation, just his out of pocket expenses, and everyone seems to be pushing the guy to claim against the drivers insurance. Woh down a minute and hold your horses.

Wait and see how you get on this afternoon with the Doc. One of two things will happen.

1. All clear, save for the bit of stiffness you are suffering. You just need to be compensated for damaged items, hospital and Doc expenses, taxi etc. Now as both a driver and a cyclist, I dont see why everyone is sending you to the insurance company. Talk to the driver first and tell him the score. At the very least it is only good manners. He may opt to pay your out of pocket expenses directly himself, to save the hassle of going through his insurance company and hiking his premium.

2. You are personally injured and require further attention, maybe just some basic physio or possibly more. I would still contact the driver and tell him the situation. Like I say, it is only manners and they may prefer to deal with you directly, but if medical expenses come into it, then they may tell you to go through insurance.

If you get the all clear from the doc today (hopefully you will) the only thing that the driver or the insurance company may take issue with, would be the double expense of hospital fees and follow up doc fees after your were already given the all clear.

Make sure you are ok and not out of pocket. Hope you are back up on the bike soon!

That wasn't you by Harold's Cross yesterday was it? I was in a bus going back into town, would have been around 18:45 or so, saw someone sitting on the wall chatting to the gardaí.

Regardless of the bike, glad to hear you're looking after yourself by going to the doctor.

humbert

stevieob wrote: »

1. All clear, save for the bit of stiffness you are suffering. You just need to be compensated for damaged items, hospital and Doc expenses, taxi etc. Now as both a driver and a cyclist, I dont see why everyone is sending you to the insurance company. Talk to the driver first and tell him the score. At the very least it is only good manners. He may opt to pay your out of pocket expenses directly himself, to save the hassle of going through his insurance company and hiking his premium.

Please do this. I was knocked down a while back and took a pretty serious knock to the head (and spend 24hrs in hospital) and while the driver was at fault they weren't driving aggressively or dangerously, just a brief lapse in concentration.

When I was completely sure I had no serious injuries and a clear idea what costs there would be I contacted the driver (the gardai were happy enough to give me her number) and she was happy enough to cover my costs. As it turns out it was better for her not to go through her insurance (the gardai told me that she did have insurance) so we didn't.

It was all very fair and amicable. Don't get sucked into this insurance and solicitors shit unless it's really necessary. Makes the world a crappier place for everyone.

SerialComplaint

Run_to_da_hills wrote: »

After going through my solicitor and correct medical procedures, doctors reports etc which took several weeks I was told I had a hairline fracture in a joint which could lead to rheumatism in later life. The correct PIAB settlement listing for that injury was three times the rate what Quinn Direct came out with.

In fairness, you don't need a solicitor to tell you want the PIAB book figure is. Just look it up.

Make sure you tell your doc that this could go legal. They might even send you to a different doc, as not every doc does the medico-legal work. The doc will tell you to get your solicitor to write to him to ask for the report, so that he can bill the solicitor. Tell the doc you're dealing with it yourself for now.

RacoonQueen

Got taken off my bike this morning by a driver who didn't use indicators or look for cyclists he passed not long earlier. Helpful thread for me too. Thanks all.

Re: bike obviously I should make sure the frame etc is ok, should I ring his insurance company before bringing bike in somewhere?

Seve OB

RacoonQueen wrote: »

Got taken off my bike this morning by a driver who didn't use indicators or look for cyclists he passed not long earlier. Helpful thread for me too. Thanks all.

Re: bike obviously I should make sure the frame etc is ok, should I ring his insurance company before bringing bike in somewhere?

Hope you are ok.

As I already mentioned, why don't you speak with the driver before going straight to the insurance company?

Get a quote either way before getting any work done.

Run_to_da_hills

SerialComplaint wrote: »

In fairness, you don't need a solicitor to tell you want the PIAB book figure is. Just look it up.

Make sure you tell your doc that this could go legal. They might even send you to a different doc, as not every doc does the medico-legal work. The doc will tell you to get your solicitor to write to him to ask for the report, so that he can bill the solicitor. Tell the doc you're dealing with it yourself for now.

PIAB settlements are rated according to the seriousness or complications that could arise from a particular injury.

EG a broken toe could be anything from 10 to 30K, arm the same, A good solicitor will make sure you get the correct amount you deserve and will make sure the TP insurance company dose not overlook anything.

SerialComplaint

Run_to_da_hills wrote: »

PIAB settlements are rated according to the seriousness or complications that could arise from a particular injury.

EG a broken toe could be anything from 10 to 30K, arm the same, A good solicitor will make sure you get the correct amount you deserve and will make sure the TP insurance company dose not overlook anything.

True, though someone is going to be paying for the solicitor. The PIAB may not pay your legal fees, so that's going to be coming out of your settlements. Here's what PIAB say about when they might/might not pay.
http://www.injuriesboard.ie/eng/Forms_and_Publications/Guidelines/Section_44_Guidelines.pdf

Submission of details
If legal fees and expenses are being claimed, an itemised bill together with the
reason as to why the fees and expenses were incurred must be submitted to
the Board for consideration. If details of fees and expenses with an explanation as to why they were incurred are not submitted, they will not be considered in the assessment of the claim.
The average estimated time that any solicitor will expend on such cases will
vary depending on the individual circumstances involved. In cases where the
Board has allowed fees and expenses to date the average amount allowed was €390 excluding VAT.
Where fees have been allowed
Examples of cases where fees and expenses may be allowed include but are
not limited to:
o Minors
o Fatalities
o Uninsured or untraced motorists
o Identity of respondent issues Guidelines on Legal Costs under Section 44 of PIAB Act 2003
Where fees have not been allowed
As the Board provides assistance for claimants to complete their application
and comply with the provisions of the Act it is not envisaged that fees and
expenses will be allowed in circumstances where the claimant could have
availed of the Board’s services. Additionally fees and expenses are not allowed
for legal costs incurred which are not for the purposes of complying with the
requirements of the Act. For example:
• Advice in relation to the bringing of the claim
• Advice in relation to liability or the likely success of the claim
• Medical and actuarial reports not commissioned by InjuriesBoard.ie
• Lack of understanding of the PIAB Acts and the Rules made thereunder.
• Consideration of whether to accept or reject the assessment and the
consequences under the Personal Injuries Assessment Board
(Amendment) Act 2007.

cdaly_

RacoonQueen wrote: »

Got taken off my bike this morning by a driver who didn't use indicators or look for cyclists he passed not long earlier. Helpful thread for me too. Thanks all.

Re: bike obviously I should make sure the frame etc is ok, should I ring his insurance company before bringing bike in somewhere?

Bring the bike in for assessment straight away. If it turns out to be significant cost involved, you should probably show the estimate to the driver/insurer before going ahead with the work and should keep damaged parts and receipts for work done.

Run_to_da_hills

SerialComplaint wrote: »

True, though someone is going to be paying for the solicitor. The PIAB may not pay your legal fees, so that's going to be coming out of your settlements. Here's what PIAB say about when they might/might not pay.

Another way of putting it, a good solicitor will add clout to any case and will cut out any "messing".

The solicitor will be carrying out all the correspondence between yourself and the third party once you hand the job over to them. This alone is worth any peace of mind.

They will also make up the difference of their fees so you will not be out of pocket. My solicitor cost me 3k but the difference between what the Insurance company originally offered and what I got from going through a legal firm was well worth it.

Quinn Direct also told me that if I went through a solicitor it would take up to two years to get paid, they lied again, I got sorted out n six months through my Solicitor / PIAB

RacoonQueen

stevieob wrote: »

Hope you are ok.

As I already mentioned, why don't you speak with the driver before going straight to the insurance company?

Get a quote either way before getting any work done.

Thanks.

He did actually ring this evening to see if I was OK, he never mentioned paying anything himself earlier and has already contacted his insurance company himself.

cdaly_ wrote: »

Bring the bike in for assessment straight away. If it turns out to be significant cost involved, you should probably show the estimate to the driver/insurer before going ahead with the work and should keep damaged parts and receipts for work done.

Will do. Will figure out where to bring him. He doesn't seem damaged but I haven't really had that good a look and I know feck all about bikes anyway.

Hmmzis

Hmmzis wrote: »

Hi Everyone.

Unfortunately I got hit by a car today and had to go the hospital. Got assessed and there doesn't seem to be anything major damaged on myself. Will double check with the GP tomorrow. Garda and ambulance were called out on the scene and driver stayed on site and gave details to the gards. There was also a witness that gave his details to me and the gards.

The helmet and the bike seem to have suffered more damage than me. There are some indentations and a rip in the foam of the helmet from the impact. I'm suspecting that means a new one is in order. The bike is now in the garda station so I'm not sure how much damage it sustained. The only immediate thing I noticed was that the bars were not straight any more. The big concern is the carbon forks.

Tomorrow I'll go and see a doc just in case and then I'll head to the station to collect the bike.

I'm assuming I'll need to get the insurance details from the gards in case the bike has suffered some damage. Also, the doc fee and the taxi from hospital cost money, would like to get that back too.

Apologies if the above looks a bit like a ramble, I'm still feeling a bit shaken up.

Any advice on how to best approach this would be very welcome.

Thanks.

Who's fault was it?

Hmmzis

Dónal wrote: »

That wasn't you by Harold's Cross yesterday was it? I was in a bus going back into town, would have been around 18:45 or so, saw someone sitting on the wall chatting to the gardaí.

Regardless of the bike, glad to hear you're looking after yourself by going to the doctor.

Most likely that was me, the time and place matches up.

Doc said that I'm all clear and there's no harm done to the head or neck. She prescribed some anti inflammatory pills for the shoulder just in case.

Was in the station today but the officer that I needed only starts his shift at 9pm, will be heading out shortly for the bike.

Have already taken the MTB out of the shed, just need to put on the lights and pedals from the road bike, maybe also a bottle cage. Spare tube and mini pump will go into the backpack The missus has kindly agreed a loan of her road bike for Saturday morning.

So far all good, hopefully also CSS will give me some good news when they have a look at the bike and next week I can do the pedal swap again. I really hope there isn't much damage, I would miss the campy levers and the comfy frame of the BH.

SerialComplaint

Run_to_da_hills wrote: »

Another way of putting it, a good solicitor will add clout to any case and will cut out any "messing".

The solicitor will be carrying out all the correspondence between yourself and the third party once you hand the job over to them. This alone is worth any peace of mind.

They will also make up the difference of their fees so you will not be out of pocket. My solicitor cost me 3k but the difference between what the Insurance company originally offered and what I got from going through a legal firm was well worth it.

Quinn Direct also told me that if I went through a solicitor it would take up to two years to get paid, they lied again, I got sorted out n six months through my Solicitor / PIAB

Glad to hear it worked out for you. I wouldn't assume that 'They will also make up the difference of their fees', as the PIAB page points out. If it is a straightforward claim, and you choose to engage a solicitor, the fee will come out of your pocket. That's the whole purpose of the PIAB.

The real question is not about what they originally offered and what you finally got. It's about what the PIAB would have got you without a solicitor.

Lemlin

Run_to_da_hills wrote: »

SerialComplaint wrote: »

True, though someone is going to be paying for the solicitor. The PIAB may not pay your legal fees, so that's going to be coming out of your settlements. Here's what PIAB say about when they might/might not pay.

Another way of putting it, a good solicitor will add clout to any case and will cut out any "messing".

The solicitor will be carrying out all the correspondence between yourself and the third party once you hand the job over to them. This alone is worth any peace of mind.

They will also make up the difference of their fees so you will not be out of pocket. My solicitor cost me 3k but the difference between what the Insurance company originally offered and what I got from going through a legal firm was well worth it.

Quinn Direct also told me that if I went through a solicitor it would take up to two years to get paid, they lied again, I got sorted out n six months through my Solicitor / PIAB

6 months is very quick for PIAB. They generally receive your claim and give the respondent 3 months to reply;

The Respondent has 90 days to confirm whether or not they consent to the assessment of your claim. If we receive consent from the Respondent, we will proceed with the assessment of your claim.
[\quote]

Then PIAB can take up to nine months to decide the award:

A: In the majority of cases we will issue an assessment of the claim within 9 months from the date the Respondent (the person or entity against whom a claim is made) agrees to the InjuriesBoard.ie process.
[\quote]

Then there's another month at the end generally:

A: We will let the Claimant and the Respondent know in writing the amount of the Assessment i.e. level of compensation awarded. Claimants have 28 days in which to accept the award, Respondents have 21 days in which they can accept the award. If you accept the Assessment, you must acknowledge this in writing to InjuriesBoard.ie.
[\quote]

opti0nal

SerialComplaint wrote: »

The real question is not about what they originally offered and what you finally got. It's about what the PIAB would have got you without a solicitor.

In my opinion, direct to PIAB is OK for a cut & dried claim with no likelihood of long term after-effects.

Remember, once you settle, you've no come-back, you get one bite at the cherry. In a serious accident, for example, involving a broken limb, it could take some time before you can be confident that you will not have ongoing issues.

You must claim within two years, so it's sometimes wise to use this time to be sure about your health outcome.

That said, in a relatively minor collision involving cuts, bruises and equipment damage, there's no need to drag things out.

Mucco

For future reference, there is a useful post on LFGSS (UK based):
http://www.lfgss.com/thread4213.html

Run_to_da_hills

Lemlin wrote: »

6 months is very quick for PIAB. They generally receive your claim and give the respondent 3 months to reply;

Yes, about six months to get word, a few weeks later to get sorted from Solicitor. Big difference from two years as told by QD.

BostonB

I'd also check around for CCTV footage as many places wipe/overwrite it after 48 hours.

When I got knocked off I got severe whiplash for a few weeks afterwards, but it didn't appear for about 3 to 4 days afterwards.

Lemlin

Run_to_da_hills wrote: »

Lemlin wrote: »

6 months is very quick for PIAB. They generally receive your claim and give the respondent 3 months to reply;

Yes, about six months to get word, a few weeks later to get sorted from Solicitor. Big difference from two years as told by QD.

What about the three months at the start that the respondent can take to reply?

And you said above you were sorted in six months but now it's six months and a few weeks.

Apologies if it seems I'm trying to split hairs but I work in insurance and deal with these claims every day and very few of them turnaround in six months.

kennM

Lemlin wrote: »

What about the three months at the start that the respondent can take to reply?

And you said above you were sorted in six months but now it's six months and a few weeks.

Apologies if it seems I'm trying to split hairs but I work in insurance and deal with these claims every day and very few of them turnaround in six months.

I'd agree with Lemlin here.... they say the average processing time is just over 7 months. NOTE: This 7 months doesn't start until liability has been accepted by the respondent... which can take up to 3 months.

Mine was sent in circa August 2011... still with them

Wishbone Ash

Seweryn wrote: »

I experienced a similar case this summer.

The Guards were called by the Driver, made a statement and left the scene. I never bothered with a Solicitor and I did not visit a doctor. Few cuts and bruises, that was all and I felt OK. Some of you may say, you need to go to a doctor. I did not and did not feel like it was needed. I am still fine though.

I got the car registration number from the Garda Station and they also gave me the Insurance company name of the other party. I sent a letter with the details of the accident to the insurance company and after about six weeks an independent engineer met me to asses the damages. Then I was requested to sent him all backup details of the damages to the bike, which he forwarded to the Insurance company. After another few days I received a call from them and they agreed to send me a cheque to the value I was looking for.
And that was all.

My experience and follow up were fairly similar.

I was taken down by a car. Spoke to driver at the scene. Garda took details. Went to hospital for assessment - nothing broken but bruising and soreness. Brought bike to LBS and they did out a rather generous assessment of repair costs. Sent it to driver - he opted to go through insurance. Faxed it to insurance company with hospital bill and medication receipt. Recieved cheque following week which they rounded up. Had a new bike a week later. Insurance company didn't assess damaged bike nor did they want it - told me I could do what I liked with it so it was repaired and sold.

I didn't want the hassle and delays getting a solicitor involved and I have no interest in this culture of "claiming". It only rises everyone's costs.

kennM

Wishbone Ash wrote: »

My experience and follow up were fairly similar.

I was taken down by a car. Spoke to driver at the scene. Garda took details. Went to hospital for assessment - nothing broken but bruising and soreness. Brought bike to LBS and they did out a rather generous assessment of repair costs. Sent it to driver - he opted to go through insurance. Faxed it to insurance company with hospital bill and medication receipt. Recieved cheque following week which they rounded up. Had a new bike a week later. Insurance company didn't assess damaged bike nor did they want it - told me I could do what I liked with it so it was repaired and sold.

I didn't want the hassle and delays getting a solicitor involved and I have no interest in this culture of "claiming". It only rises everyone's costs.

Credit where credit is due! Completely agree with your mindset....

Unfortunately in my case it was a little more complex, bunch of broken bones etc.

billyhead

kennM wrote: »

Credit where credit is due! Completely agree with your mindset....

Unfortunately in my case it was a little more complex, bunch of broken bones etc.

I had a somewhat different experience when I was knocked down. Clearly the woman drivers fault and she accepted liability at the scene. Howevr the Gardai were not called. I was rushed to the local GP and was in complete shock and was mildly concussed. After the woman drove me to the GP and left my damaged bike in with a householder living near the accident she said she would wait in the waiting room for me but of course sh didn't she fecked off leaving me to foot both the bill for the doctor and the damage to the bike. I was given the all clear from the doctor luckily with just bruising, road rash burst nose and cut lip and send home to rest with painkillers. Had to take the next day off work so I rang the Guards to report the incident and hope that CCTV would pick of the car reg but there were none pointing in the direction of the accident or outside the GPs surgery. I actually thought she was very genuine and nice at the scene and would have left it at that is she hung around but due to her dishonesty if I did ever find out who she was I would have took her to the cleaners and claimed as much as I could out of her insurance. Nver spotted her car agin though:(