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11 comments
Quick show of hands - if you were driving your car, and - with a cyclist waiting to come out - you turned right into a junction, would you just put your hand up and say "It's fair cop"?
I know I would.
Solicitors will only be interested if there is a reasonable personal injury aspect to the claim against which they can generate some fees. If it is just bike, helmet, clothing and a few grazes then you can as easily deal with the insurer directly. They will want any evidences of damage and costs but for (ballpark guess) anything under a few £grand it is not worth their time to dispute especially if there is clear evidence of their insured driver being in the wrong.
This does all assume that you have unequivocal evidence of the incident, camera footage or at the least independent third party witness statement and a Police incident number.
If you do not have the driver's insurance details for some reason, but do have the licence plate, then they can be traced through the Motor Insurance Database for a small fee.
https://www.mib.org.uk/managing-insurance-data/the-motor-insurance-datab...
HTH and that you are back in the saddle as soon as possible.
Thanks. Yes got details, witnesses and video footage. Thanks for the advise
If you do need to find a solicitor, Slater and Gordon are used by Cycling UK, while Leigh Day are used by British Cycling, so both should be well equipped to deal with your claim. As you're not a member, you'll have to pay but most solicitors will chat about your case to give you an idea of the costs involved before you commit to anything, and may offer a no-win no-fee structure.
That said, if all you're claiming for is the cost of the bike I can see fees eating into that quite substantially.
Great. Thanks for your reply.
If the evidence is clear, and your driver has a conscience then it would be nice to think that they would admit liability and settle with you quickly.
You may find you have "legal protection" on house or car insurance. I initiated things that way - all it is is a triage line, not worth paying anything to have, but that's another story.
Don't expect much (anything) from the Police beyond an incident number.
Don't approach the other party direct and refer any approach to you they may make to an advisor.
You may find they want to contest the claim/ what happened, so the legal advice and recorded witness evidence is vital.
I hope you don't have someone as I did, who while they might have been terribly sorry/upset at the scene but were merrily down to the police station to tell them a pack of lies about what happened. I had to keep my smashed-up Tourmalet for weeks in case it was required in evidence, I.e as further evidence of a side impact. Thank goodness for my witness!
There's a whole world of private GPs and accident claims specialists out there - are you sure you weren't injured? Better of course if the bike bore the brunt of it.
Don't forget that the No Win No Fee arrangement works on the basis of the loser paying the winner's costs - that's how they (hope to) make their money, so my experience is different to that of Munge.
I successfully claimed for broken bike, sprained ankle, costs of medical assessment and a course of physio. I "won", but after several months of back and forth, a horrid wrangle about money, but I'd give it all back to have seen some criminal action taken against that liar - it leaves a nasty taste 13 years later.
If you have their details you should be able to claim directly from their insurer I think. I had a similar situation (albeit about 15 years ago). The driver's insurance company couldn't have been more helpful. Is the insurer being obstructive?
As AS has said house insurance often provides legal assistance and or advice. Also it might be worth checking your company benefits - Both my and Mrs B's employers provide legal helplines.
Great advise. Thanks
A pleasure. I'd be really interested to find how you get on.
Sorry to hear of your collision and I hope you are ok. I can't give you specific legal help but I hope Police was involved and you have been to hospital to be checked for injuries as this could have a knock-on to any claims made. Ensure you also have reliable 3rd party witnesses as well.
Check your house insurance for coverage for making third party claims for incidents against yourself as they might have cover but only if you use certain companies.
After that, I suspect there are plenty of cycling specific "Ambulance Chasers" of varying quality on a google search.
Thanks for your reply.