Knocked off my bike

Cianos

Hey,
I'm just in the door after getting knocked off my bike about 25 mins ago (~7.25pm). I was cycling up towards the Charlemont bridge in Dublin while a car was turning on to the bridge from Charlemont Place.

The car hadn't fully stopped so I slowed down, and sure enough it began to pull out just as I was passing it. The front of the car pushed me off my bike, but I was going slow enough that I saved my fall without hitting the ground hard.

I got straight back up and she got out of her car and began apologising. She said that she was just following the sat nav and didn't notice me approaching. I said that I was ok, but noticed that my back wheel was stuck against the brakes, so that obviously took the impact, so I said I seem to be ok but my bike is damaged so that's going to cost to get fixed.

She gave me her business card and said she'd rather not go through insurance. I took her insurance details down from the windscreen docket anyway.

I felt a slight pain in my ankle at the scene, but it seemed fine so I didn't mention it. It's a bit worse now and very slightly swollen but really it's grand and should be back to normal in a day or two.

Anyway, just wanted to post here to see what I should do next. The back wheel probably just needs the spokes aligned so the bill shouldn't be much. 99% sure there's no serious damage to my ankle either.

Any advice would be appreciated.

xz

my tuppence worth, you should have reported this to the Gardai, either at the scene or now, secondly, unless you are a doctor and know for sure your ankle will be Ok, I would go and get it checked anyway.
This woman, who would rather NOT go through Insurance, was by her own admission involved in an accident because she was not paying attention, to her surroundings, she struck a cyclist and injured him. That is a road traffic offence and should be treated as such. You have her business card and Insurance details, take it further, ring the Gardai and report the incident, you'd be a fool not to.
To many people in this country have the "sure it's too much, hassle and I don't want to cause a fuss" attitude. You did nothing wrong, apart from not getting the Gardai involved straight away.

Thoie

Out of politeness you might let the lady know you've rung the gardaí as well. You can explain to her what you said here, that your ankle is swollen but that you expect it will be fine, and that you're only reporting it to the gardaí just in case.

In the meantime, stick something cold on the ankle and keep it elevated for the evening if you're not going to get it checked out.

easygoing39

I'd bring the bike to youre bikeshop and get their opinion.If youre ankle is still sore in the morning I'd go to youre doctor for his opinon.I personnally would'nt try to scr*w the driver by exaggerating either mine or the bikes injuries/damage,as good things never come from bad money.Reported a accident I had before involving the same thing as youve had and I never heard from the guards ever again,waste of time.

aspender

Her insurance probably wouldn't pay out anyway seen as she said what she did! Was there anybody else to hear it?

DirkVoodoo

xz wrote: »

my tuppence worth, you should have reported this to the Gardai, either at the scene or now, secondly, unless you are a doctor and know for sure your ankle will be Ok, I would go and get it checked anyway.
This woman, who would rather NOT go through Insurance, was by her own admission involved in an accident because she was not paying attention, to her surroundings, she struck a cyclist and injured him. That is a road traffic offence and should be treated as such. You have her business card and Insurance details, take it further, ring the Gardai and report the incident, you'd be a fool not to.
To many people in this country have the "sure it's too much, hassle and I don't want to cause a fuss" attitude. You did nothing wrong, apart from not getting the Gardai involved straight away.

Good advice. I wouldn't mention any self diagnosis to her but only go as far as saying I have reported it to the Gardai and I'll be going to my GP in the morning to get a full check up. I don't like to be cynical, but people can change their tune after the shock has worn off and they get some other opinions. I think it's ok to say you hurt your ankle and it's not a serious injury, but don't tell her it's fine if you don't know for certain.

It was a genuine accident caused by a lapse in concentration but like xz says it's still a matter worth reporting to the Gardai. I've heard too many stories of people doing a u-turn (no pun) and refusing to pay for anything. I don't get how these matters always polarize opinion into "sue for everything" or "bloody compo culture" (not happening here however), but don't feel embarassed about seeking what you are entitled to, namely any medical expenses and repair to your bike.

happytramp

Report it to the guards, but only for security in case she won't spring for the new wheel. Fingers crossed your ankle will be fine! Most ankle injuries start out bad and get better (not the other way around)

BostonB

Cianos wrote: »

....just following the sat nav and didn't notice me approaching. ....

Pretty bad to pull out looking at the sat nav...if thats the excuse...

jezko

Do go to a Doctor and get it check out ... Broke both elbows (Hairline) walked away from accident (Car+Pothole=face full of Tar mac) and next morning realized not all was ok...
As for the Cops... I guess you'd better inform them... (Not much time for them myself) but at least if you do find more problems (her not paying costs at least) you have covered yourself
And watch out for a Blue BMW!!! the P^!(K

Victor

Write everything down. Make an accident report to the Garda - if these thigns aren't reported, they aren't taken seriously.

Go to doctor - she's paying.

Gophur

Cianos wrote: »

Hey,
I'm just in the door after getting knocked off my bike about 25 mins ago (~7.25pm). I was cycling up towards the Charlemont bridge in Dublin while a car was turning on to the bridge from Charlemont Place.

..................

Glad to hear you are OK. I hope you get everything sorted out to your satisfaction.

xz wrote: »

.............
This woman, who would rather NOT go through Insurance, was by her own admission involved in an accident because she was not paying attention, to her surroundings, she struck a cyclist and injured him. That is a road traffic offence and should be treated as such. You have her business card and Insurance details, take it further, ring the Gardai and report the incident, you'd be a fool not to.
To many people in this country have the "sure it's too much, hassle and I don't want to cause a fuss" attitude. You did nothing wrong, apart from not getting the Gardai involved straight away.

Any admission at the scene of an accident is dubious as Insurance companies will not allow anyone make such an admission. There's nothing wrong with the lady not wanting to go through her Insurance. One whisper of this to her Insurance company and she will, likely, lose her NCB until such time as the case/claim is settled 100%.

OP, if you're happy to sort this out outside Insurance, go that route. If she changes her mind, then go to the Gardai and her Insurance company. (And get a new wheel, to hell with replacing a few spokes)

Jawgap

First things, glad to hear you're relatively unscathed.

as for what to do - Dirk's advice is pretty much spot on. If you haven't already, you should report it to the Guards, just to get it on the record now rather than 6 months from now if she changes her mind. She's probably been talking to people herself about the incident and once that happens and the initial jolt of adrenalin clears from her system she may decide to go a different route.

Out of courtesy, you should tell her you've informed the Guards.

At the very least your GP needs to examine the ankle and see what he/she thinks you need by way of x-rays etc. I doubt the driver would begrudge you a trip to your doctor to get checked out.

HivemindXX

Gophur wrote: »

There's nothing wrong with the lady not wanting to go through her Insurance.

I disgree. I was discussing this before and one of the people involved admitted that they had been in five car accidents in as many years. None of these had been reported to the police or gone through insurance. As far as anyone is concerned this guy was a driver with a perfect driving record.

Apart from paying out a few hundred quid once in a while he had no incentive to take more care on the roads. Perhaps after the first two crashes if his insurance premium doubled he might not have gotten in to accident three, four and five.

If he had run someone down and killed them in crash five I think it's safe to say he would use the "perfect" driving record to back up his "momentary lapse of concentration" defence.

Gophur

With respect, Car Insurance is a Civil matter. It is everyone's right to try to settle any claim privately.
To go through one's Insurance for something as trivial (as what this appears to be) as a bicycle wheel is 100% within the right of this driver.

As anyone, who has ever been in an accident , knows, the Gardai are not even supposed to get involved unless there has been personal injury.

Beasty

Gophur wrote: »

As anyone, who has ever been in an accident , knows, the Gardai are not even supposed to get involved unless there has been personal injury.

From the rules of the Road:

If you or another person are injured and there is no Garda at the scene, the accident must be reported to the nearest Garda station.
If the accident damages only property and there is a Garda in the immediate vicinity you must report it to the Garda. If there is no Garda available you must provide this information to the owner or the person in charge of the property. If, for any reason, neither a Garda nor the owner is immediately available you must give all relevant information at a Garda station as soon a reasonable possible

manwithaplan

It's been 17 years since I worked in insurance but I believe you have a contractual duty to inform your insurance company of any accident, regardless of whether you make a claim. Having said that, insurance companies don't exactly encourage compliance by removing no claims bonuses at the first whisper of an incident, even in cases where third party personal injury claims are highly unlikely.

To the poster who said that an insurance company wouldn't pay out because she was at fault, I think you have things a bit backwards!

Jawgap

Gophur wrote: »

With respect, Car Insurance is a Civil matter. It is everyone's right to try to settle any claim privately.
To go through one's Insurance for something as trivial (as what this appears to be) as a bicycle wheel is 100% within the right of this driver.

Try driving without car insurance, then see if it's a civil or a criminal matter:)

Gophur wrote: »

As anyone, who has ever been in an accident , knows, the Gardai are not even supposed to get involved unless there has been personal injury.

Cianos wrote: »

.......

I felt a slight pain in my ankle at the scene, but it seemed fine so I didn't mention it. It's a bit worse now and very slightly swollen but really it's grand and should be back to normal in a day or two.

...........

Call the Guards - it'll cost you nothing and could possibly save you a lot of aggro further down the line.

Gophur

Beasty wrote: »

From the rules of the Road:

You do know the Rules of the Road are not the same as the Law of the Land?

If you or another person are injured and there is no Garda at the scene, the accident must be reported to the nearest Garda station.
If the accident damages only property and there is a Garda in the immediate vicinity you must report it to the Garda. If there is no Garda available you must provide this information to the owner or the person in charge of the property. If, for any reason, neither a Garda nor the owner is immediately available you must give all relevant information at a Garda station as soon a reasonable possible

From this you can see, you are only obliged to inform the Gardai, if the owner is not present (in an incident where property, only, is damaged.) In this incident, there was no obligation for the car driver to inform the Gardai.

Beasty

Gophur wrote: »

You do know the Rules of the Road are not the same as the Law of the Land?

So what? Are you suggesting the rules of the road are irrelevant here?

Gophur wrote: »

From this you can see, you are only obliged to inform the Gardai, if the owner is not present (in an incident where property, only, is damaged.) In this incident, there was no obligation for the car driver to inform the Gardai.

I was simply pointing out the error in your statement.

Indeed, as has already been pointed out, there would appear to have been an injury, in which case the Gardai must be informed

Gophur

Beasty wrote: »

So what? Are you suggesting the rules of the road are irrelevant here?

..........

Pretty much, yes. They are irrelevant as they are not Law. They are only a Guide to Road use.

As for the Gardai? The OP told the driver he was not injured.

I said that I was ok

Hence, no necessity/obligation to call the Gardai.

seamus

Gophur wrote: »

Hence, no necessity/obligation to call the Gardai.

Wow, pedantic Pat here. He said he was OK as in, "I'm not dying, I don't need an ambulance, so don't panic". I'm sure aside from his ankle, he has cuts and bruises, which are also legally injuries. What he told the other driver is irrelevant - saying you're not injured doesn't mean that you're not injured.

In general, you should always report an incident between a bicycle and a vehicle to the Gardai as the unprotected nature of the cyclist means that it's extremely rare to come out of the incident with no injuries.

Beasty

Gophur wrote: »

Pretty much, yes. They are irrelevant as they are not Law. They are only a Guide to Road use.

I really can't be bothered trying to find the underlying legislation, but from the Rules of the Road

It uses must and must not to draw attention to behaviour the law clearly

demands or forbids

ie if it says "must" it reflects what the law requires

and more generally, no you cannot ignore the rules of the road:rolleyes:

Gophur

seamus wrote: »

Wow, pedantic Pat here. He said he was OK as in, "I'm not dying, I don't need an ambulance, so don't panic".........

That i conjecture, on your behalf. The OP clearly stated he told the driver of the car his bike was damaged, and he was not. You, on the other hand, are letting your imagination run away with you.

seamus wrote: »

..........In general, you should always report an incident between a bicycle and a vehicle to the Gardai .........

Not quite the same as being legally obliged to, is it?


In fairness to the car driver. She admitted she was wrong, the cyclist said his bike was damaged but he was OK. She responded to the incident in a fully appropriate manner, admitting liability and offering full compensation for the damage.

Jawgap

Gophur wrote: »

Pretty much, yes. They are irrelevant as they are not Law. They are only a Guide to Road use.

As for the Gardai? The OP told the driver he was not injured.


Hence, no necessity/obligation to call the Gardai.

I'm jumping to conclusions here, but I'm assuming the OP is an Irish male - we're always "grand" - we only go to the doctor if we're dead or dying - not like the Brits with their Royal-bloody-NHS who go clog up their GP's surgery every time they sneeze:)

I've seen concussed rugby players try and tell me they're grand!

seamus

Gophur wrote: »

That i conjecture, on your behalf. The OP clearly stated he told the driver of the car his bike was damaged, and he was not. You, on the other hand, are letting your imagination run away with you.

He's injured. What am I imagining about that? You, on the other hand are clearly imagining that your trolling is not being noticed.

Not quite the same as being legally obliged to, is it?

Exactly the same. If you are injured, the incident must be reported. Most bike accidents result in injuries, therefore you will be legally obliged to report most bike accidents.

Gophur

There's no trolling going on, and please do not accuse me of such.

I do not understand why you are turning the OP's account of the incident into something different. He told the driver he was OK. You are now saying she should have ignored it?

She was told that there was no injury. That is clear and unambiguous.

I am posting, based on the OP's account of the incident. Others, on the other hand, are making up stories. And I'm the one accused of "trolling"?



(BTW, she, as an insured person, is forbidden, by her Insurance company, from admitting any liability at the scene of any incident.)

Gophur

seamus wrote: »

He's injured. ..........

He told the driver he was not injured.

seamus

Gophur wrote: »

He told the driver he was not injured.

Irrelevant. If he told the driver he was a superhero, that wouldn't make it true.

Gophur

seamus wrote: »

Irrelevant. ........

It is not irrelevant.

Had he told the driver he was injured, there would have been an obligation on her to inform the Gardai.
Because he said he was NOT injured, there was no obligation.

Perhaps he should have told her he was injured?

When he now informs her that, yes, he is now injured, there will now be an obligation on her to inform the Gardai.

seamus

Oh FFS, you'll never be wrong will you?

Nobody was saying that they were obliged to call the Gardai at the scene, rather that they are obliged to contact the Gardai now.

:rolleyes:

mikemac

OP, report to the garda station.
And get a card with the gardas name and rank, should be no problem to get it.

But you report to the nearest station to the scence of the accident.

As I learned when I got knocked down in Howth, struggled home to Drumcondra.
And Fitzgibbon St which was the nearest sent me away and told me to go to Howth garda station :mad:

JMJR

@ OP

mt 2 cents.
Go to a doctor to have your ankle assessed, pay and get a receipt. The same for any follow on treatment eg Xray. If all clear and you just have inflamation or similar then you should consider booking a physiotherapy session. For physio to be effective it should be as soon as possible after the injury- today if possible. Any sports practice will do. Also have the bike assessed in LBS and get an itemised repair list. Pay for the assessment if you have to. If you think that you are then all clear medically talk to the car driver about a settlement of your expenses. You can do this in the next day or so. If things are looking more complex or you get stalled by the car driver then you will have to go the route of making a claim against insurance company. Either way I would advise also making a statement today at the relevant Garda station. You should check first to make sure its the one which covers the location of the accident.
John