cycling collision with a car - what do we do next?

[manechanger]

dh cycles an hour each way to and from work. He's been cycling for about 4 years and has now been knocked off twice in three months.

The first time he had an elbow fracture and we contacted the insurance company. It was clearly driver's fault and quite clean cut although it's now going to court as driver seems to be going awol not so bothered about this one as what's done is done.

Anyway knocked off again this morning after overtaking standing traffic, car pulled out to do a u turn and dh went through the window with his head. Just got back from hospital having had glass pulled out and is ok so far. firstly I dont know if overtaking standing traffic will go against him but I would say it's careless driving as you should check mirrors before doing a u turn as it's an unexpected manouvre. Driver admitted liability at the scene but didn't when police got there. Also he'd like not to go through his insurance company and I think he's offered to cover costs but there are things like a day off work, not being able to cycle to work etc that also need to be considered. I don't know how to go about claiming nor how to work out how much, last time I called the insurance company but in this case how do we ensure he gets adequate compensation if not using insurance co?

Looking online it says we shouldn't contact insurers without using a lawyer but I would want to use a company with a bit of integrity at least and we do want to be compensated as these incidents are really stressful - last time it was the night before our holiday and it marred the entire holiday as we couldn't hire bikes and dh couldn't use the pools or do anyting active with the kids. Anyway, can anyone advise me on a course of action or give me details of trustworthy lawyers if needed?
Thanks

[specialsubject]

ouch.

I bet the driver doesn't want to go through his insurers, but that's not your problem. (BTW insurers don't like you to admit liability, but don't worry about that as it sounds like it was his fault for not lookng)

Hopefully someone can advise how you force him to tell his insurers - but please do that. Unless your husband is under 25, this kind of injury may have long term effects, although I hope not. He needs proper medical assessment. This is NOT to claim un-needed compensation, but to ensure he gets what he may need to put him financially where he would have been had the accident not happened.

ps the first one will go in your favour; even if the driver reappears, these people don't have the balls to lie in court once they realise the implications. It just takes time. Been there.

[bluejeansandbabies]

Cyclists are a pain in the fucking arse. And the law always goes with them. The sooner we have proper designated lanes everywhere to get the idiots out of the way the better.
That said glad your DH isn't hurt too badly and you don't need to worry about the driver not admitting fault because in these cases it is almost always judged that the driver is at fault.

[PacificDogwood]

I cannot advise on the legal side of things, but would recommend your DH invested in to one of those helmet camera thingmies

My DH communtes to work, so far has not been knocked off, but mainly is able to stay on cycle paths/parks etc.

[manechanger]

special subject thanks. he's been glued up at hospital. with the last one we had his car details plus witnesses and i found out the insurers and told them. driver claimed not to speak any english and i think there's probably a communication problem.
blue jeans - er thanks - i'm guessing you have your own issues.

[SunshineAndShadows]

Helpful blueJeans

As a cyclist and a driver I'm not sure how cyclists being a pain in the arse is remotely relevant or useful. It certainly doesn't absolve car drivers of the need for checking their mirrors before pulling out - that's a pretty basic driving skill.

[Fiddlerontheroof]

Car Drivers are a pain in the fucking arse. And the law always goes with them. The sooner we have proper designated lanes everywhere so that the cyclists can ride safely the better.


......just getting some equality here. Because massive sweeping statements aren't very helpful!

[manechanger]

pacific dogwood yup that's his birthday present sorted. august was the first time he was knocked off so we'd been fine up till then I'd love it if there was an off road route or cycle lanes but we're not well fixed for those in our area. At least his upcoming redundancy means we don't really need to worry about how he gets to work...

[PacificDogwood]

Yes, I know we are v lucky here - DH does 11-20 miles one way (depending on where he is based on the day) and I'd worry even more if he had to do more than he does on roads/in traffic.

I grew up in the country in which cycling is a general mode of transport and before helmets were compulsory. I had a significant head injury aged 13 because a care was ON MY SIDE OF THE ROAD as I came around the corner, I went over my handlebars, broke my nose, lost several teeth, was unconscious at the scene, lost 48 hrs if memory, driver drove off. I am sure I was the fucking nightmare there.

[Nulliferous]

I dont know if overtaking standing traffic will go against him

Don't worry OP. Perfectly legal manoeuvre. Only made dangerous by bad drivers, which are legion.

Best wishes to your DH from another cyclist whose life is daily threatened by total and absolute fucking idiot drivers.

[prettybird]

The sooner that drivers remember to look properly - and think about the possibility of push bikes and motor bikes the better.

Admitting liability at the scene shows the driver knew he was in the wrong.

I have a friend who had a serious accident on a motorbike on the last 2 miles of a 2,000 mike trip from Portugal, on het way to work to park the bike up which was totally the driver's fault. She was on the road coming up to traffic lights. The car was pulling out of an exit (ie not even on the road) - accelerated straight into the road and crushed her leg against her own bike. She had to have 4 operations in 2 days, muscles on her leg died due to lack of blood supply, she has had to have further operations to transplant thigh muscle to her calf, will be permanently scarred and walk with a limp - all because a driver didn't "Think Bike".

Separate cycle lanes are not the answer - they can't go everywhere and if cars remain oblivious to bikes, then accidents will still happen.

Also, most cycle lanes are designed for speeds under 10mph - so no good for fit, commuting cyclists.

At the moment, the law doesn't presume the driver was at fault. Negligence or fault does still have to be proved. Many Other European countries do have a presumed fault legal system re cyclists, where the driver has instead to prove that they weren't negligent.

[manechanger]

Null Thanks for that info and for the support.
Pacific sorry to hear about your experience, not stopping at an accident is particularly shit.
dh does similar distances to your dh - 16 miles each way, his brother has also been knocked off twice and has a helmet camera now so i'd already been thinking what a fun present that would be...

[helensburgh]

Accidents happen is what's going around in my head.

Why do we always have to blame someone, have compensation etc?

Sounds like your DH and driver both to blame to an extent. I'd leave it and be grateful he is ok.

Lets hope the car driver doesn't want his costs paid.

[manechanger]

you are so right. having someones head break your window must have really fucked up his day.

[SunshineAndShadows]

Not sure how the OP's DH is at fault? Cyclists are fine to vet take queuing traffic and cars pulling out from a queue need to check their mirrors

[Bumpedbonce]

When manoeuvring the onus is on the driver to always check their mirrors and to do a physical check due to blind spots. I reckon you'd be best pushing for going through insurance because I expect the driver won't want to pay for missed work or damage clothing and helmet let alone give anything towards the pain and suffering

[Branleuse]

you dont do a fucking Uturn in the road without checking your mirrors. How on earth was that the cyclists fault??

Im not even a cyclist, im a driver, but theyve got as much right as anyone to use the roads and are a hell of a lot more vulnerable.
Of course accidents happen but I hear far too many stories of motorists doing stupid things without checking because they think theyre the only ones on the road, and its never the car driver who comes off worse

[Nameexchange]

I am so sorry this has happened to your husband. I do hope he makes a full and speedy recovery. Poor man.

I recommend that you contact a lawyer called Martin Porter who specialises in cyclists' running down cases. He is a Cambridge educated QC and a keen cyclist himself. I know you can contact him through his blog which is thecyclingsilk.blogspot.co.uk. I am sure you could go direct to his chambers too. As he is a barrister, he would probably recommend a solicitor to you who is also experienced.

If you read his blog, you will find that, sadly, drivers often get away scot free despite clear evidence of them being at fault in causing serious personal life-changing injuries to cyclists riding perfectly well. I hope that doesn't apply to you.

Warmest wishes to you and your DH

[mausmaus]

seeking compensation for
-extra commutd costs

• replacement of broken means of transport
  
• days/weeks/months of work due to injury
  

-physio
-household help
........

[Nameexchange]

BTW don't agree any settlement until you know if there are any long term ill effects (I hope there aren't but there can be, sadly, from head injuries).

[VelvetEmbers]

Read a very interesting article the other day on why drivers fail to see cyclists here

[specialsubject]

that cyclist commuting an hour each way is one less car on the road.

my husband used to do exactly that, until he was also caught by the driver that wasn't looking. Yes, he is still here, and I frequently realise just how near that miss was.

most cyclists also drive so don't give me that 'we pay our taxes' crap. When you approach a cyclist, mentally replace their head with that of your nearest and dearest. That should ensure you share the road.

yes, there are idiots cycling with headphones in, jumping lights etc. There are also idiots driving while using a phone. Difference is that the driver is far less likely to be hurt as a consequence.

[manechanger]

Thanks very much for all the help and advice here. To be honest as things stand it doesn't look like a massively serious case but the process is laid out for you if you crash cars and I just wasn't sure how to go about it if not through our/their insurance. It seems a bit over the top to go through solicitors and I've always been suspicious of the nowinnofee type places but I spent a good couple of days sorting out the other one - which I'm hoping had far more impact than this one...and it would be far easier to hand it over to someone else just don't wnat to go with a lot of mercenary cowboys. So will look at the cycling silk blog.

dh doesn't jump lights etc and he tells me he doesn't go on roads with loads of lorries etc but im beginning to think he should drop it. i suppose once this job ends he may end up working outside london and wouldnt be able to cycle anyway..

[sanfairyanne]

what a nightmare
your poor dh
definitely go through insurers with a good solicitor
hope he is on the mend

(ignore the few idiot comments on here)

[VivaLeBeaver]

No way is it your Dh's fault. Hs allowed to overtake stationary traffic. Idiot driver should have looked in his mirror and I'm suprised the police aren't doing him for careless driving.

Go through your insurance and claim for losses such as the bike, time off work, etc.

[Itsfab]

Have you spoken to your insurers? If you can tell them the reg and make of car they can find out who it is so it is irrelevant that he doesn't want to go through the insurers. I wouldn't do what he wanted at all .

When I rolled into someone I rang my insurers to tell them giving them the other drivers details and they said I did the right thing in telling them and they would be in touch.

When someone crashed into me I again rang and reported it and so did she but she hadn't they would have got her anyway. You don't have to wait for the guilty party to do anything.

I hope your DH is okay and make sure he gets a new helmet.