Knocked down

killalanerr · 23-02-2012 4:56pm #1

I was heading up to meet the guys for the club run this morning when a car just pulled out from the right and just ran me off the road, lucky i am fine just a bit of road rash but the good bike is i bit scuffed and a big hole in my leggings and overshoes,the lady who was driving got very up set it looked like she was the one knocked down,she has agreed to replace my clothing but what would be reasonable to look for in bike parts besides the handle bar tape my brand new Shimano Ultegra right hand pedal and brake leaver are lightly scuffed but other wise working fine,what is the norm in theses situations

Lumen · 23-02-2012 4:58pm

I would say you deserve to have your bike and clothing returned to the state it was in before she knocked you over, which for practical purposes means new for old.

She can keep the scuffed stuff or sell it on.

manwithaplan · 23-02-2012 4:59pm

I'm bugger all use on the 'what to do' question but I'm very glad to hear you're OK.

So, did you do the spin?

KTRIC · 23-02-2012 5:00pm

Was it reported to the Gardai ? Do this and then contact a solicitor.

C3PO · 23-02-2012 5:10pm

Lumen wrote: »

I would say you deserve to have your bike and clothing returned to the state it was in before she knocked you over, which for practical purposes means new for old.

She can keep the scuffed stuff or sell it on.

That would seem very reasonable to me too!

jameverywhere · 23-02-2012 5:20pm

make sure you report it to all the proper authorities etc etc

07Lapierre · 23-02-2012 5:26pm

Not sure if i agree with reporting to Gardai/Solicitors etc. Is there damage to the drivers car? How remorseful was she? do you think she'll be on the phone tomorrow looking for compensation?

If the driver has agreed to compensate you for the damage to your bike and clothes, I'd leave it at that.

Tenzor07 · 23-02-2012 5:34pm

07Lapierre wrote: »

If the driver has agreed to compensate you for the damage to your bike and clothes, I'd leave it at that.

+1

killalanerr · 23-02-2012 5:49pm

07Lapierre wrote: »

Not sure if i agree with reporting to Gardai/Solicitors etc. Is there damage to the drivers car? How remorseful was she? do you think she'll be on the phone tomorrow looking for compensation?

If the driver has agreed to compensate you for the damage to your bike and clothes, I'd leave it at that.

This is how i feel re Gardai/Solicitors etc she was very up set,but im just not sure she realizes the cost the might be involved to putting the bike back to its non scuffed state as it were,we will see how this one goes

killalanerr · 23-02-2012 5:50pm

So, did you do the spin?

[/QUOTE]

what would you think :rolleyes:

kennyb3 · 23-02-2012 6:00pm

07Lapierre wrote: »

Not sure if i agree with reporting to Gardai/Solicitors etc. Is there damage to the drivers car? How remorseful was she? do you think she'll be on the phone tomorrow looking for compensation?

If the driver has agreed to compensate you for the damage to your bike and clothes, I'd leave it at that.

Disagree, always report it to the Gardai. People change their story after the event. Happened my girlfriend.

Personally now i would never leave the scene without phoning the gardai first and having them come and establish what exactly happened.

If you find out in a few days your sore and miss a few days work or have a crack in your frame, whats to stop her turning her story around to avoid a big bill/insurance claim.

Just my 2c.

PS Hope you are okay Killalaner

dave_o_brien · 23-02-2012 6:03pm

kennyb3 wrote: »

Disagree, always report it to the Gardai. People change their story after the event. Happened my girlfriend.

Personally now i would never leave the scene without phoning the gardai first and having them come and establish what exactly happened.

If you find out in a few days your sore and miss a few days work or have a crack in your frame, whats to stop her turning her story around to avoid a big bill/insurance claim.

Just my 2c.

PS Hope you are okay Killalaner

Definitely. Even if you do not intend on following through with solicitors, etc, having a legal record of any event is important further down the line when she is told that the bike was €2000, not her anticipated €200.

Hope you're not off the bike for long.

07Lapierre · 23-02-2012 6:12pm

dave_o_brien wrote: »

Definitely. Even if you do not intend on following through with solicitors, etc, having a legal record of any event is important further down the line when she is told that the bike was €2000, not her anticipated €200.

Hope you're not off the bike for long.

New Bike??

"Ultegra right hand pedal and brake leaver are lightly scuffed but other wise working fine"

dave_o_brien · 23-02-2012 6:29pm

07Lapierre wrote: »

New Bike??

"Ultegra right hand pedal and brake leaver are lightly scuffed but other wise working fine"

Not saying he needs a new bike, but it's important to get a record of what happened to who, what was involved and the value of the things involved. Leaving it with no legal record leaves him with no legal recourse SHOULD there be any difficulties with regard to compensation/repair/replacement. I don't think he should claim, or pursue this legally in any manner if she is reasonable. But making a statement to the gardai at least leaves him with a record if it is necessary further down the line. And not just on the bike itself, but the possible need for medical costs too. Again, this all may seem ott, but having a statement is better than leaving it open for her to misremember the event, which could complicate what may be a simple matter.

gman2k · 23-02-2012 6:40pm

Dibs on the scuffed lever.....

CardBordWindow · 23-02-2012 6:48pm

I was knocked off a few years ago by a motorist turning left. His BMW had a few scratches on the side, and i ended up with a crushed little finger, and a slightly buckled wheel.
I was in shock, and traded numbers with him. Wasn't thinking straight at all really. From talking to people, I found out he was in the wrong, so i asked the Gardaí to confirm who was in the right in the situation. They confirmed it was me.
I rang the guy, and he informed me that some of the marks on his door were only scuff marks, so he had decided he wouldn't need to get it resprayed. (insinuating that I'd have to pay for it) When I told him that he was in the wrong, he said 'I know the rules of the road,and I wasn't in the wrong'.
When I responded, 'Well, the Gardai know it a bit better' he just told me to quit while I was ahead and hung up.

kumate_champ07 · 23-02-2012 7:58pm

from my understanding the insurance value is not what you paid for it, its how much it would cost to replace it with the current model, or if that model line is gone it would be a similar quality item.

RobFowl · 23-02-2012 9:43pm

I'd advise going straight to a GP.
He/she will ease your pain by taking some of the weight off you (more specifically your pocket). Then go to a solicitor, he/she can also ease your pain by taking more of the weight off you.
Go back to your GP for more "treatment" and get more relief from carrying excess items (such as notes/loose change). They will then advise going to a physio who will rub you a bit before relieving your load.
At this stage Solicitor will ask you back and get a request for a medical report. For this you will have your pockets tidied. The medical report (or Assos shorts as the GP calls it) will get sent to your solicitor and then the solicitor will negotiate strongly with the defendant (b*stard motorist) and their insurers/legal reps. This is done either informally (over pints at the local) or in court (over lunch on Stephens green).
At the end of a long and thorough process (2-3 years) you will get a pocket full of cash (as will your/their solicitors, insurers, loss adjusters, Gp's, Physios, courts etc).

Or else report it to the guards as a backup plan and hope the lady in question lives up to her word...

PS Get well soon

el Bastardo · 23-02-2012 10:07pm

Involve the guards, always. Last time in happened to me, I thought I was okay, bike was okay etc... only to find out later that front shocks, front hub and dual-levers were knackered, not to mention that the accident caused me to lose my house keys thus necessitating an expensive taxi ride to a friends house to pick up a spare key! I suffered more than physical bruises: It was an EXPENSIVE repair job and being the nice (in shock) guy, I never took his details, even after he offered three times or so.

galwaycyclist · 23-02-2012 10:36pm

Report it to the guards make sure it goes into the station daybook if the guy at the desk starts writing on a spare piece of paper or his notebook its no good. For all you know she has already been to the station and recorded a very different understanding of the same events.

triggermortis · 23-02-2012 10:38pm

+1 on informing the Garda. Once she's had time to think/discuss with her other half, her story may well change

djbproductions · 23-02-2012 10:42pm

I think most people agree that it is a good idea to get Garda involved but I know myself that when you feel nothing is broken you are happy that you dont have to visit a doctor/hospital. My last accident was when a guy open a car door as I was going up the inside on a cycle lane. I jammed on the brakes but hit the door with the front wheel at an angle and then bounced off the car. When I got up the woman driver got out and examined me (she was a nurse!) and said "well nothing broken". The man was so applogetic and seemed honest, offered to bring my bike to the shop as the front wheel seemed a little bent. He asked how much the bike cost, when I replied eur2,000, he went white himself. He gave me eur30 for a taxi as I lived a distance away and said to call him if I wanted him to pay for any damage. I was just glad to be home and after 2 pints of beer (my favourite pain killer) i felt better. Next morning the pain set in but that wasnt the worst part, my front suspension fork had damage and the wheel was badly damaged. I had a spare wheel & purchased new forks that week so was a little out of pocket. I never rang the guy and regret it ever since.

I would only get a solicitor onto the case if I was badly injured or out of pocket (which I have done in the past to make sure the guilty party paid for the bike damage etc), too many people claim massive amounts for minor injuries and that is why the insurance industry charges drivers high premiums in this country.

07Lapierre · 23-02-2012 10:59pm

killalanerr wrote: »

This is how i feel re Gardai/Solicitors etc she was very up set,but im just not sure she realizes the cost the might be involved to putting the bike back to its non scuffed state as it were,we will see how this one goes

Let us know how you get on. I'm confident it'll work out for you.

LeoD · 24-02-2012 9:32am

To the OP, I'm glad you're okay as I'm sure it must be a frightening experience to be involved in an incident with a car. Unfortunately what doesn't surprise me are the responses to the OP. Did anyone question the level of the OP's culpability in this incident? Why is it assumed that the motorist is 100% guilty? Nobody here knows what happened. To the OP, if you crashed by yourself and scuffed your pedal, would you replace it?

Palytoxin · 24-02-2012 9:38am

Well he was already on the road, so he had right of way, and then she pulls out straight into him, knocking him down, can't be his fault I'd say.

Beasty · 24-02-2012 9:58am

LeoD wrote: »

Unfortunately what doesn't surprise me are the responses to the OP. Did anyone question the level of the OP's culpability in this incident? Why is it assumed that the motorist is 100% guilty? Nobody here knows what happened. To the OP, if you crashed by yourself and scuffed your pedal, would you replace it?

Unless the other party is a boardsie or signs up to give her side of the story, the OPs account is all we have to go on. Why should we question his account? It's perfectly reasonable for posters to reply on the basis the incident as explained by the OP is what actually happened (and it's uneasonable to assume otherwise unless you have some evidence to the contrary)

Whether he would have replaced a scuffed pedal in the absence of such an incident is completely irrelevant. If the damage done is the fault of someone else he is entitled to compensation

RobFowl · 24-02-2012 11:25am

LeoD wrote: »

To the OP, if you crashed by yourself and scuffed your pedal, would you replace it?

Ehhh, Yes :eek:

Couldn't be seen about the place with a scuffed pedal FFS.

seamus · 24-02-2012 11:32am

LeoD wrote: »

To the OP, if you crashed by yourself and scuffed your pedal, would you replace it?

That's kind of irrelevant. I understand why it appears petty to have a scuffed part replaced. But if it's brand new, scuffing instantly devalues it. Whereas beforehand it could have been sold for probably 80% of the list price, once it's been damaged you might get 50% list price for it.

Whatever about it being cosmetic damage, there's a tangible accountable value loss there which the OP is entitled to be compensated for. You wouldn't replace it yourself in the same way that if you lose €50, you take it on the chin. But if someone else loses your €50, you'll ask them to give you a new one.

07Lapierre · 24-02-2012 11:51am

RobFowl wrote: »

Ehhh, Yes :eek:

Couldn't be seen about the place with a scuffed pedal FFS.

I have the "Alberto Contador Special Edition" Yellow, LOOK Keo pedals....the sooner there scuffed the better!

dave_o_brien · 24-02-2012 12:37pm

LeoD wrote: »

To the OP, I'm glad you're okay as I'm sure it must be a frightening experience to be involved in an incident with a car. Unfortunately what doesn't surprise me are the responses to the OP. Did anyone question the level of the OP's culpability in this incident? Why is it assumed that the motorist is 100% guilty? Nobody here knows what happened. To the OP, if you crashed by yourself and scuffed your pedal, would you replace it?

By the account we have been given, it sounds like his culpability is non-existent. The other party may have another interpretation of it. The differences between these interpretations may be factors which lead do difficulties in adequately resolving the potential issues that arise following such incidents. Without either (or preferably both) parties submitting a report to the Gardai, neither of them have any reliable, fixed account of the event. So reporting it at least provides a record of the event as soon as possible after the event. Remember that filing a report is not the same as pressing charges. Personally I would hope that the issue would be sorted without the need for any legal back and forth between the two, but not filing a report is just asking for trouble, no matter how menial the event.

Roadtoad · 26-02-2012 2:33pm

Years ago (1960s actually) a friend scratched her new bike that Santa brought her, and her ma had to put a plaster on it to ease the pain.
I never looked at that bike without thinking how pathetic their whole family were.
Ring up yer wan and wish her a nice day or something. Save the big stuff for the big stuff.

Knocked down

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