Collision with taxi - any point doing anything?

dario28

Cycling down malahide road in the cycle lane this morning past the church and before Clontarf golf club , there was a girl in the bus stop , 2 buses behind me and a taxi a bit in front of me , she stuck her hand out for the bus , the taxi had just passed her at this stage but assumed she was sticking it out for him , it was really obvious she wasnt as she didnt move toward the taxi and was under the bus stop shelter , he decided to pull in without any warning, no indicators or anything, i got trapped with just enough room for my wheel which is 23mm , took his mirror out of it with my elbow/shoulder and somehow ended up half off my bike in front of his taxi...

Hi immediately started apologising and accepted blame , I took his details etc

Now I have a very sore side and back

Is there any point taking the matter further or just forget about it ?

This is my first ever collision with a car so was a bit shaken after it.

hardCopy

Don't make your mind up until you've seen a doctor anyway. And make sure you don't need any repair work to the bike.

If you are hurt you probably won't notice it immediately because of shock.

Beasty

Hope you are OK dario28. You should get yourself checked out at the doctors, as sometimes the effects of an accident are not immediately apparent.

If you are injured you are required to report it to the Gardai (as should the taxi driver). You could be entitled to compensation for any personal injury or damage to your bike (and his insurance should cover this), on the assumption it is his fault (and based on what you are saying, it would appear to be clearly so)

Andrew33

Beasty wrote: »

(and based on what you are saying, it would appear to be clearly so)

Contradiction in terms. "compensation" setting in already? Its a dreadful condition, compo culture alive and well I see:rolleyes:

Well OP, if you're genuinely injured and you've sought medical advice thats one thing but remember, Karma, what goes around comes around.

mloc123

Taxi hit me about two years ago and destroyed my wheel. The guy was a grade A dick about it, I would have been happy if he gave me €50 towards a new wheel... he said no and told me to check with his insurance. To cut a long story short he was with Quinn and they were very helpful, all I wanted from it was the cost of a new wheel... they sent somebody out to me and he offered €1500 to settle it then :eek:

Lumen

Andrew33 wrote: »

It's a dreadful condition, compo culture alive and well I see

That statement seems pretty libellous to me. Beasty, call your lawyer!

Beasty

Andrew33 wrote: »

Contradiction in terms. .

Andrew33 wrote: »

"compensation" setting in already? Its a dreadful condition, compo culture alive and well I see:rolleyes:

So if you have an accident in your car which is not your fault, the possibility of a claim against the other driver's insurance does not enter your head?

Not sure what your problem is with my comments - if the cyclist is injured and/or his bike damaged, then yes, potential compensation is entirely relevant

Paul Kiernan

mloc123 wrote: »

Taxi hit me about two years ago and destroyed my wheel. The guy was a grade A dick about it, I would have been happy if he gave me €50 towards a new wheel... he said no and told me to check with his insurance. To cut a long story short he was with Quinn and they were very helpful, all I wanted from it was the cost of a new wheel... they sent somebody out to me and he offered €1500 to settle it then :eek:

No wonder they're struggling to make a profit:P.

Bikerbhoy

Follow it up both medically and file report to Garda if you feel compensation is required ..well thats up to you.... but dont just leave it ,if this means one taxi driver might have learned a lesson by reporting him ,well that has to be of benefit to us all.

Hope you get over the shock ok and best wishes

Beasty

Lumen wrote: »

That statement seems pretty libellous to me. Beasty, call your lawyer!

He's busy dealing with my other claims at present - hopefully he'll have sorted them in another couple of years or so:D

Danbo!

Beasty wrote: »

You should get yourself checked out at the doctors, as sometimes the effects of an accident are not immediately apparent.

Agree with this. My girlfriend had quite a bad fall recently and afterwards was a bit sore and quite embarrassed as it was in a crowded public area. I was insisting she go get checked out, but she said it was fine, she insisted she hadnt hit her head. As shock wore off she started getting weak, a severe headache, and found a big bump on her head. Straight to A&E and it turns out it was a bad concussion. So just make sure you are ok in the next couple of hours and getting checked by a doctor would be a very good idea, even if you feel fine.

Andrew33 wrote: »

Contradiction in terms. "compensation" setting in already? Its a dreadful condition, compo culture alive and well I see:rolleyes:

Well OP, if you're genuinely injured and you've sought medical advice thats one thing but remember, Karma, what goes around comes around.

Couldnt agree more. After the above happened, the amount of people who told me/her to take *where it happened* to the cleaners was astounding. "You'd get 10 grand" "Tell them you had to cancel a holiday" etc. etc.

Doctor Bob

Stee wrote: »

Couldnt agree more. After the above happened, the amount of people who told me/her to take *where it happened* to the cleaners was astounding. "You'd get 10 grand" "Tell them you had to cancel a holiday" etc. etc.

I'd suggest that there is a fundamental difference between someone having a fall in public and suing the Council (or whoever) for ten grand because they banged their head, and someone sustaining damage to their body or their property as a result of the stupidity, negligence or malice of another person. If there is a cost associated with the outcome of an event that was not your fault but was inflicted on you, is it not reasonable to assume that the perpetrator should cover that cost?

I fully agree that there are chancers out there, but don't throw the baby out with the bath water.

Lumen

Stee wrote: »

Couldnt agree more. After the above happened, the amount of people who told me/her to take *where it happened* to the cleaners was astounding. "You'd get 10 grand" "Tell them you had to cancel a holiday" etc. etc.

From what I've read, the public perception of compensation payments is not realistic.

Danbo!

Doctor Bob wrote: »

I fully agree that there are chancers out there, but don't throw the baby out with the bath water.

Sorry, should have been clearer. I would definitely chase for medical bills and bills for damage done, and I have done in the past after being hit, but the idea of people looking for thousands when they're nowhere near that out of pocket is horrible. I see that Beasty was only referring to compensation for bike and medical costs, so wasnt giving out about that.

kona

If you cycle away with no damage caused I wouldnt bother doing anything.

If you have to pay for costs as a result of his ignorant driving then you should be reimbursed. I wouldnt go looking to make money out of it either.

goose06

I was cleaned out of it by a van a couple of years ago, cracked a few ribs; some rib cartilage damage; disk cartilage was damaged in my back and the bike was wrote off.
Driver stupidity caused the accident but I was willing to let it slide if he replaced my bike and covered physio which would have worked out about €1200.
His boss refused to pay it and I had to take him to the injuries board which in the end paid out 15K compo, which at the time I thought was a bit ridiculous. Now 2 years later I'm sorry I didn't push for more as I still have back trouble and every time I sneeze or cough I can feel a popping sensation in my chest which is not very nice and nothing can be done about it.
Get your self checked out and if you are happy that you are ok try and get him to cover your expenses, you may find he is not so quick to assume responsibility once he has had time to think of it.

blorg

Paul Kiernan wrote: »

No wonder they're struggling to make a profit:P.

Quinn strategy is to offer a lowball figure to settle claims quickly. If there were any injuries at all and it went to the PIAB/courts the figure would be over €10,000, perhaps significantly, and that is before any costs. I'm pretty sure this strategy saved them money.

@OP- report it to the Gardai, get yourself checked out and if there are no serious injuries just ask for your doctor's visit and any damage to the bike to be dealt with. I'd wait at least a month before settling anything so you are sure you are OK. People make mistakes and the driver was good about it; I would not be making a claim for cuts and bruises. I would be for a broken arm, or anything that is still causing you problems a month down the road.

If there ARE serious injuries then you are completely entitled to compensation- the Injuries Board was set up to deal with these in an objective fashion and with minimal legal expense (€50 to lodge a claim.)

kennyb3

Dario hope you are okay, as others have said 1. get yourself checked out 2. check out your bike 3. report it to gardai in case he later denies it 4. give yourself some time to think about it and make sure you dont have any further problems.

glad there is no serious injury anyway.

seamus

Lumen wrote: »

From what I've read, the public perception of compensation payments is not realistic.

Not any more, I think the courts have somewhat gotten more realistic about it. However, they used to be enormous. Back in 1994, I was in a car crash with my parents and one of my brothers. Car was written off (burst into flames), I cracked the roots of a couple of teeth, and we all had bruises here and there, my Dad broke one of his little toes. My brother came out completely unscathed.

All in all, within a week my Dad had a new car and life went on. It went to court for whatever reason (I was 12, I didn't ask), and between the 4 of us, we received a total of £48,000 punts. My Dad obviously got the cost of his 7 year old car and lost earnings (he's self employed) and my Mum got the next largest amount, but I still got £6k. For nothing more than a bump to the head and a cracked tooth root which never affected me.

Crazy money in retrospect considering that I would have been more severely injured tripping in my own home. I can remember my Dad commenting at the time that if he was the other party, he'd probably think we had made stuff up to get more money.

oflahero

The disparity between the offending party's attitude at the time of the incident and even a day or so later can be amazing. My girlfriend was swiped clean off her Vespa by a car turning right straight across her. No injuries, just shock, scratched helmet and a well-banged-up scooter. Profuse apologies from the driver, here's my number, here's my insurance, of course I'll wait with you for the ambulance, oh dear I really am most dreadfully sorry, I will of course pay up for your scooter damage.

Inevitably, the friends and family obviously got to work on her over the next couple of days, and when next on the phone the tune had changed. "I really don't think I'm liable for any damage," she chirruped, "I just didn't *see* you." A threatened insurance claim quickly changed her mind.

Moral is, don't make any hasty character judgments based on words exchanged at the scene.

billyhead

I was hit by car in February. The drivers fault. I was tmildly concussed and the women who accepted liability drove me to the doctors. Checked out by the doc and told to go hom e and rest. I am fine now and remarkebly the only damage to the bike was the chain derailed. I recived brusies, scrapes, a black eye, brusied face and sore legs and elbows. When she left me off at the doctors surgey she drove off without me getting the chance to take her reg plate etc. I was in shock anyway. The doctor never send me on the bill in the post but when I contacted them they said she never returned to settle it. Fingers crossed I won't receive it anytime soon. Get checked out by a doctor OP and I hope you have the mans reg plate etc in case you may need to follow up with hime (he should cover your doctors fee at least

barrabus

billyhead wrote: »

I was hit by car in February. The drivers fault. I was tmildly concussed and the women who accepted liability drove me to the doctors. Checked out by the doc and told to go hom e and rest. I am fine now and remarkebly the only damage to the bike was the chain derailed. I recived brusies, scrapes, a black eye, brusied face and sore legs and elbows. When she left me off at the doctors surgey she drove off without me getting the chance to take her reg plate etc. I was in shock anyway. The doctor never send me on the bill in the post but when I contacted them they said she never returned to settle it. Fingers crossed I won't receive it anytime soon. Get checked out by a doctor OP and I hope you have the mans reg plate etc in case you may need to follow up with hime (he should cover your doctors fee at least

You can recover from the MIBI if an offending driver is unidentified and does a runner.

billyhead

barrabus wrote: »

You can recover from the MIBI if an offending driver is unidentified and does a runner.

Are they the same as the personal injuries assessment board becasue when I rang them they said they would need something to fall back on i.e a reg plate or address etc. The guards said the same which is only logical I suppose.

barrabus

billyhead wrote: »

Are they the same as the personal injuries assessment board becasue when I rang them they said they would need something to fall back on i.e a reg plate or address etc. The guards said the same which is only logical I suppose.

No totally different .. http://www.mibi.ie/

pm if u want info

Lumen

barrabus wrote: »

No totally different .. http://www.mibi.ie/

pm if u want info

Ambulance chaser

Hermy

Paul Kiernan wrote: »

No wonder they're struggling to make a profit:P.

blorg wrote: »

Quinn strategy is to offer a lowball figure...

I thought Paul was referring to us poor taxi drivers.:o

CramCycle

Last time I tried to report something after the fact to the Gardaí they told me that they would keep a record but I should have reported it at the scene AFAIK it's a legal requirement whether blame is agreed or not and alot smarter so there is no going back on a story by either side.

Alot of people assume calling the Gardaí is a bad thing in minor cases, maybe causing unnecessary hassle, but they informed me it's a requirement minor or major to call them and wait till they arrive.

CramCycle

CramCycle wrote: »

Last time I tried to report something after the fact to the Gardaí they told me that they would keep a record but I should have reported it at the scene AFAIK it's a legal requirement whether blame is agreed or not and alot smarter so there is no going back on a story by either side.

Alot of people assume calling the Gardaí is a bad thing in minor cases, maybe causing unnecessary hassle, but they informed me it's a requirement minor or major to call them and wait till they arrive.

I remember reading in the rules of the road that it's only a legal requirement to call them if someone is injured, otherwise you can just exchange details with the other party. However, on a bike, pretty much any accident is going to result in some sort of injury even if it's just cuts and bruises. I'm not sure how serious the injury has to be to meet the rules of the road definition of injury.

CramCycle

Deleted User wrote: »

I remember reading in the rules of the road that it's only a legal requirement to call them if someone is injured, otherwise you can just exchange details with the other party. However, on a bike, pretty much any accident is going to result in some sort of injury even if it's just cuts and bruises. I'm not sure how serious the injury has to be to meet the rules of the road definition of injury.

quite possibly true considering how many times i have had the law misquoted to me by the Gardaí. i think the benefit of it remains though, in that, if you have no witnesses, the Gardaí can take a statement at the time insuring no one changes their minds about what happened.

dario28

Thanks for the comments - Happy to say though the pain in my side is gone today and had a nice uneventful cycle in this morning.

I did call the Gardai at the scene but they said there was no point coming down as he had admitted responsibility and no one was badly hurt

BostonB

When I got knocked off I jumped up, and though I was fine. When I got home I realised I had a gash in my ankle, over the next week I got really bad whiplash, and I was bruised like someone had taken a bat to me. 2yrs on my neck still bothers me as does my shoulder. at the time I had loads of witnesses and didn't call the cops. I really regret not doing so now.

Basicially its good to get witnesses, and call the cops at the time. Even if you do nothing with it. Also as important is making the driver more aware of what they've done, and perhaps it might prevent them causing another accident in the future.

Chris Peak

dario28 wrote: »

I did call the Gardai at the scene but they said there was no point coming down as he had admitted responsibility and no one was badly hurt

Who did he admit responsibility to? And what's to stop him from denying it later? Sounds like lazy police work to me. Always insist that they come.

Take the name of the cop who answers the phone so when you call back to speak to the officer on duty if they're a bit slow responding, you have the name of the person you reported it to.

Even if you're not injured, you're supposed to call into a Garda station to report the collision within 24 hours.

As I said, supposed to, but not many cyclists do. I think they are too apologetic about they're existence on the road and don't want to cause any hassle. Either that, or they don't know they're rights and responsibilities on the road and don't want to get into any trouble for getting run over...

sumone

I reported an accident to the guards, a pedestrian walked off the path in front of me, she smacked her face on the ground and I came down hard on my shoulder so an ambulance was called. She admitted to the ambulance crew that she walked out without looking but the guards attitude was that it wasn't worth recording as 'these accidents with bikes and pedestrians are always a 50-50 situation.'