What are steps to take if bike damaged by car/pedestrian?

mrcheez

Had a close call this eve where a guy opened the passenger door of a taxi on the bike lane just as I was passing resulting in a collision. Thankfully it was near traffic lights so I wasn't going at speed so noone was hurt and (from what I can tell) there's no damage to the bike. The passenger shouldn't have been allowed out of the car as the taxi wasn't pulled up to the curb.

But it got me thinking, if there was damage to the frame and the bike was trashed what sort of steps are involved in getting compensation or replacement? In this case I guess the taxi driver would be liable... But do I go to the police or do we both wait at the spot until a Garda comes by as you would if two cars collided?

Is bike insurance a requirement?

I have the incident on my bike cam so if there is any damage to the bike I have the taxi reg.

krissovo

I am very interested in this, I ended up in a ditch due to a lorry driver a few days ago. I have a meeting with the transport manager on Monday.

mrcheez

EDITED: If you have an issue with a Mods edit, please PM to discuss before questioning

crosstownk

mrcheez wrote: »

So, just phone and wait on the spot until the police arrive?

If there is an injured person the Gardaí will call pronto but if it's only property damage (bike, car, etc.) then it's a civil matter and then the Gardaí will consider it low priority and it maybe hours before they arrive. It's really up to you and the other party to sort it out between you.

If the incident is causing a major traffic disruption they'll be out quick smart.

Maybe I'm wrong but that's my understanding of it.

mrcheez

crosstownk wrote: »

It's really up to you and the other party to sort it out between you.

And if the guy just says "not my fault", ups and leaves, do I have any legal recourse? The cam footage probably comes into play then i guess

crosstownk

mrcheez wrote: »

And if the guy just says "not my fault", ups and leaves, do I have any legal recourse? The cam footage probably comes into play then i guess

Possibly. I suppose things like witnesses, cam footage, etc are bonuses.

A friend of mine got knocked from his bike by a car recently. There were plenty of witnesses and the Gardaí are involved but it's by no means a 'you (motorist) were at fault' scenario. He's been off work for the last 6 weeks, his bike is a write off but he has to engage a solicitor/PIAB to get recompense. He'll be OK to get back on a bike in a couple of weeks but he'll have to fund a new bike himself until the mess is sorted.

Beasty

crosstownk wrote: »

If there is an injured person the Gardaí will call pronto but if it's only property damage (bike, car, etc.) then it's a civil matter and then the Gardaí will consider it low priority and it maybe hours before they arrive. It's really up to you and the other party to sort it out between you.

If the incident is causing a major traffic disruption they'll be out quick smart.

Maybe I'm wrong but that's my understanding of it.

You are still required to report it to the local Garda station if there is damage to property.

However I attempted to report a personal injury to the local Garda station and was effectively turned away - they were not interested as no motor vehicle was involved.

No Pants

mrcheez wrote: »

And if the guy just says "not my fault", ups and leaves, do I have any legal recourse?

Could be interpreted as a hit and run. At that point I would definitely notify the Gardai.

mrcheez

OK so are these steps correct in various situations?

Car hit + personal injury

- Call Gardai
- Get license plate
- Get name/mobile number of driver (call the mobile to ensure it's correct)
- Get names/mobiles of witnesses
- Wait for Gardai...

Car hit + bike damage

- Get license plate
- Get name/mobile number of driver (call the mobile to ensure it's correct)
- Get their car insurance details?!?
- Arrange some sort of compensation (although if they don't stick to it how do I tie them down to it?)

Pedestrian walks out causing bike damage/personal injury

- Get name/mobile of person
- Get witness details
- Call Gardai if personal injury
- Arrange some sort of compensation if bike damage


Would bike insurance be an option to cover all the above and guarantee I have some sort of successful comeback?!?

fat bloke

I'm ashamed to say I did this myself once. As a driver I wouldn't stop in a bike lane and if I did I'd be very conscious of checking my mirrors and not letting a passenger open a door on an approaching cyclist but, it never even occurred to me when I was that back seat passenger in a taxi. It was one of those times when traffic was heavy near my destination and I just paid and said "fcuk it, just let me out here" & launched the door open.

sumone

If you're involved in an incident with a car you should always get insurance details, if it's personal injury or bike damage. If you have to claim against them an insurance company will look for a garda report so make sure you report it and get it recorded.

Again always look for witnesses and gets names and contact details otherwise it's a case of your word against their's.

Tenzor07

mrcheez wrote: »

OK so are these steps correct in various situations?

Car hit + personal injury

- Call an Ambulance
-

...would be my first thought...

Muckers

I was hit by a car on a roundabout 2 weeks ago, and sustained no bike damage but my kit was shredded. I insisted on calling the guards and in fairness they were on the scene in a few minutes. The driver accepted full responsibility for the crash to the police, and he will be paying for replacement kit and any physio that I require. Lots of cuts and road rash but no broken bones tg. I thought I was fine as I was taking medication for pain relief and also anti inflammatories. But since the medication stopped a few days ago, my left arm is giving me grief. I had to withdraw from the Midleton 200 today as a result.

mrcheez

Muckers wrote: »

I was hit by a car on a roundabout 2 weeks ago, and sustained no bike damage but my kit was shredded. I insisted on calling the guards and in fairness they were on the scene in a few minutes. The driver accepted full responsibility for the crash to the police, and he will be paying for replacement kit and any physio that I require. Lots of cuts and road rash but no broken bones tg. I thought I was fine as I was taking medication for pain relief and also anti inflammatories. But since the medication stopped a few days ago, my left arm is giving me grief. I had to withdraw from the Midleton 200 today as a result.

Get it checked out pronto

mrcheez

sumone wrote: »

If you're involved in an incident with a car you should always get insurance details, if it's personal injury or bike damage. If you have to claim against them an insurance company will look for a garda report so make sure you report it and get it recorded.

Again always look for witnesses and gets names and contact details otherwise it's a case of your word against their's.

Just want to re-open this thread...

What happens if the driver doesn't want to give me his insurance details? Then doesn't wait around and drives off?

Is he legally required to produce his insurance details if involved in a collision?

MS.ing

mrcheez wrote: »

Just want to re-open this thread...

What happens if the driver doesn't want to give me his insurance details? Then doesn't wait around and drives off?

youre fooked, but you knew that yeah?

Eamonnator

If a driver is involved in a collision, he is obliged to give, what is called appropriate information, which includes, name and address, reg. no. of car, and details of insurance.
A Garda may demand this information, but the other driver/cyclist/ pedestrian involved in the accident, is entitled to this information.
If the driver fails to give this information, he commits an offence.
Did you get the number of the car. If you did, report the matter to The Gardai.

Fian

Yes.

section 106 of the Road traffic Act 1961 requires the driver of a mechanically propelled vehicle involved in a accident which causes injury to person or property to stop, remain at the scene and provide details. I'm not sure how to make a "link" but paste the text below into your browser and you can read the section.


I can't post a link because I am a new user but if you paste the section into google I am sure it will pop up.

CramCycle

mrcheez wrote: »

Just want to re-open this thread...

What happens if the driver doesn't want to give me his insurance details? Then doesn't wait around and drives off?

Is he legally required to produce his insurance details if involved in a collision?

That's a hit and run, it may not be as dramatic as the ones on TV but leaving the scene of an accident is in itself a crime AFAIK

mrcheez

Eamonnator wrote: »

Did you get the number of the car. If you did, report the matter to The Gardai.

Nothing happened yet thank science, but just want to be prepared should the inevitable happen.

<snip>

Reminds me I need to purchase a rear-camera for my bike as well as the front one I currently have. Too many close calls of late.