Sister knocked off bike. What now?

Romantic Rose

My sister was knocked off her bike a few days ago. She was already on a small roundabout in a housing estate and a driver came from her left to exit roundabout and knocked her from her bike. My sister should have right of way as she was already on the roundabout. My sister ended up being thrown a few metres ahead, her leg is severely swollen to twice its size but thankfully no breakages that the hospital could tell of.
This happened at 7.30p.m and was wet with poor visibility but my sister had all her safety gear on herself and her bike. My sister will be out of work for the next 3 weeks at least, will have to pay for ambulance and the taxi which brought her home from hospital. Also her new bike has been written off.
The Gardai came to the scene but weren't that helpful. I just want to know where my sister stands? I'm worried about her covering the above expenses and being out of work. The driver was at fault. Can she claim off the driver's insurance?

smacl

Romantic Rose wrote: »

The driver was at fault. Can she claim off the driver's insurance?

Were there any witnesses to the accident?

K.Flyer

She would be best to speak with a good solicitor and furnish them with all the details including details of any witnesses and they would be able to advise her accordingly.

Cloudio9

Romantic Rose wrote: »

Can she claim off the driver's insurance?

Yes of course. Probably best to consult a solicitor to help lodge the claim as there is a personal injury involved.

AlanG

Simple answer is she can put in a claim on the drivers insurance, how successful it will be depends on attitude of driver and witnesses.

cnocbui

If she was in the right and she has the drivers details, then she should be able to claim off the drivers insurance.

Your sister should go to the local Gardai station and sort out the business of them not being helpful. Perhaps ask to speak to the superintendent.

Cloudio9

cnocbui wrote: »

Your sister should go to the local Gardai station and sort out the business of them not being helpful. Perhaps ask to speak to the superintendent.

Ehhh no don't do that. "Not being helpful" could mean anything. People often have an unrealistic expectation of the Guards role in an accident.

Beasty

If they attended the scene the Guards should have taken all the relevant details. It's up to them whether they wish to prosecute the driver. However the details they do have should be passed onto your sister's solicitor (or ask the solicitor to contact them directly for the information). That will allow your solicitor to pick it up with the driver's insurers.

I would add though this can be a very long-drawn out process, which may involve the Injuries Board assessing appropriate damages. I was involved in a RTA back in August and don't anticipate a resolution perhaps for another 6 months or more, despite there being absolutely no doubt over the other party being at fault.

pickarooney

Did she speak with the driver and fill out an accident report? Or did he/she flee the scene?

ED E

Injuries board is the appropriate route for this.

Retain all medical documentation and receipts.

Wishbone Ash

I wouldn't be rushing out to line the pockets of a solicitor without trying the direct route first. I had two accidents where motorists were at fault and I sorted both out myself via the motorist's insurance companies.

Chuchote

AlanG wrote: »

Simple answer is she can put in a claim on the drivers insurance, how successful it will be depends on attitude of driver and witnesses.

Surely her first stop is the driver's insurance company? If she's quick about it, the insurance assessor will look at the state of her bike and herself (take photos of bruises, etc) and the state of the car and it will be clear who was at fault. If she was hit from behind by a car entering a roundabout (or hit from behind at all), I'd imagine (not legal advice) that the driver would automatically be at fault?

Unknown Soldier

Romantic Rose wrote: »

My sister was knocked off her bike a few days ago. She was already on a small roundabout in a housing estate and a driver came from her left to exit roundabout and knocked her from her bike. My sister should have right of way as she was already on the roundabout. My sister ended up being thrown a few metres ahead, her leg is severely swollen to twice its size but thankfully no breakages that the hospital could tell of.
This happened at 7.30p.m and was wet with poor visibility but my sister had all her safety gear on herself and her bike. My sister will be out of work for the next 3 weeks at least, will have to pay for ambulance and the taxi which brought her home from hospital. Also her new bike has been written off.
The Gardai came to the scene but weren't that helpful. I just want to know where my sister stands? I'm worried about her covering the above expenses and being out of work. The driver was at fault. Can she claim off the driver's insurance?

It's quite simple, just take it up with the Car Drivers insurance company.

That's why the driver paid for insurance.

Crazy... I know...

Romantic Rose

Thanks for all the replies. I just want to make sure my sister is doing the right thing going forward.

The car driver got out of the car after the accident and started shouting at my sister that she had right of way, she must have been in shock but jeez some people have a brass neck and no manners. No direct witnesses, only the people who came of their houses after the accident to help my sister when she was screaming in pain.

Be safe out there cyclists. It's horrible to say but I was waiting on this call, I'm just thankful that she's not too hurt. Cyclists are so vulnerable and fragile out there.

Wishbone Ash

Romantic Rose wrote: »

...The car driver got out of the car after the accident and started shouting at my sister that she had right of way, she must have been in shock but jeez some people have a brass neck and no manners...

Don't read too much into that - the driver probably got a shock and jumped into defence mode.

Romantic Rose wrote:

...my sister when she was screaming in pain....

That's usually a good sign. At the scene of an accident, those that aren't screaming are usually given priority. Hope she gets well soon.

Chuchote

Romantic Rose wrote: »

Thanks for all the replies. I just want to make sure my sister is doing the right thing going forward.

The car driver got out of the car after the accident and started shouting at my sister that she had right of way, she must have been in shock but jeez some people have a brass neck and no manners. No direct witnesses, only the people who came of their houses after the accident to help my sister when she was screaming in pain.

Be safe out there cyclists. It's horrible to say but I was waiting on this call, I'm just thankful that she's not too hurt. Cyclists are so vulnerable and fragile out there.

Doesn't matter what the driver shouted; what matters is the evidence on the car, the bicycle and the cyclist. If she was clearly hit from behind, and this is shown by the state of the bike and the damage to the front of the car, he presumably didn't have right of way. Right of way doesn't include driving through other road users!

Wishbone Ash

Chuchote wrote: »

..., he presumably didn't have right of way...

What makes you presume the driver was male?

Chuchote

Wishbone Ash wrote: »

What makes you presume the driver was male?

I thought I read that "he got out and shouted" - my mistake.

magicbastarder

a colleague who was knocked off his bike with liability and injuries roughly similar to the above went through his solicitor; took a while for it to all process, but he got compensated in the end.
one thing he did say was that when the various professions know that they're doing things for an insurance quote, it's like everyone's birthday has come at once. when they sought the notes made by the doc who saw him at A&E, in order for an admin staff member to photocopy the notes, and have the doctor sign them as genuine (i may have the exact procedure wrong there), the hospital charged €450.

i don't remember any charge being mentioned for the ambulance. which ambulance service responded to your sister's incident?

Chuchote

It would be good practice (where possible) for gardaí to take a quick photo or two of an accident site for future use.

This could be used for all kinds of purposes: illustrating when a road junction is potentially dangerous; in court cases; for the doctors treating people's injuries; for insurance claims; to back up garda testimony…

I love Sean nos

I'd start with a solicitor, then the Gardai, then the insurance company. The solicitor will know how to deal with the Gardai better than you. With the insurance crowd too.

Keep all receipts and correspondence. Get your sister to start thinking of future medical concerns as a result of this, not just getting through the here and now.

Given recent events, the Gardai might have recorded the incident as a 15-car pile up. That might be a problem. :pac:

Samuel T. Cogley

You don't need to engage a solicitor at this stage but if you have a good family solicitor just give them a heads up, most will advise in the initial stages for free. Assuming the driver is deemed liable by their insurance company (they will look at damage to the car etc.) then the insurance company will try and settle the claim. GET ADVICE AT THIS STAGE. They're easy and nice to deal with at this point for a reason and love the lawyers are all bastards mentality.

Mercian Pro

If you do a search here in the Cycling forum on Boards for "accident", you will see plenty of examples of successful claims for personal injury and bike damage. In one of my own cases, my solicitor advised that I deal directly with the Injuries Board when I couldn't get a reasonable settlement from the insurance company. In the other, I was happy with the sum offered and accepted. In both cases the guards attended the scene and took statements from witnesses that helped establish who was at fault.

Romantic Rose

I met my sister today and she showed me her leg, very bad injury (very bruised and swollen from her knee up to her hip) and I don't know how she won't have side effects from the accident in the future. She cycles everywhere as she does a lot of shift work in the healthcare profession in various hospitals so she really needs a cheap and quick method of transport. I can't see her getting on a bike again in the next month at least.

Apparently the Gardai are treating the case as dangerous driving on the drivers part. The driver apparently said she didn't see my sister until she on the bonnet! At least she applied the brakes then!

If my sister is claiming off the car drivers insurance, will they take into consideration loss of earnings or will she just be claiming for her damaged bike? I'm not quite sure about this part?

Mercian Pro

Have a good look at the Injuries Board website and other cases here.

Samuel T. Cogley

Romantic Rose wrote: »

I met my sister today and she showed me her leg, very bad injury (very bruised and swollen from her knee up to her hip) and I don't know how she won't have side effects from the accident in the future. She cycles everywhere as she does a lot of shift work in the healthcare profession in various hospitals so she really needs a cheap and quick method of transport. I can't see her getting on a bike again in the next month at least.

Apparently the Gardai are treating the case as dangerous driving on the drivers part. The driver apparently said she didn't see my sister until she on the bonnet! At least she applied the brakes then!

If my sister is claiming off the car drivers insurance, will they take into consideration loss of earnings or will she just be claiming for her damaged bike? I'm not quite sure about this part?

This is why people get their knickers in a twist over 'compo' claims. Yes all that will be taken into consideration along with the 'cost' associated with the injury itself. I say that with no aspersions over PI claims the vast majority are genuine, like this one.

If you're and she are unsure how to proceed speak to a well recommended solicitor. Most will give you an initial steer for free.

Wishbone Ash

Romantic Rose wrote: »

....If my sister is claiming off the car drivers insurance, will they take into consideration loss of earnings or will she just be claiming for her damaged bike? I'm not quite sure about this part?

She needs to inform them of all losses she has suffered - personal and material. They may settle material damages first as they are easier to assess. Regarding loss of earnings - she may have to get an estimate from her employer. If she does shift work, be sure to include loss of premium pay also (eg night premiums, sunday/bank holiday premiums, shift allowances etc.) not just a 'flat' wage.

Don't be in a hurry to settle medical expenses/personal injuries. The insurance company may require your sister to attend a doctor of their choosing. This is perfectly normal.

I love Sean nos

Romantic Rose wrote: »

The driver apparently said she didn't see my sister until she on the bonnet!

Driver has to say that. The alternative is to say that she saw your sister, but proceeded regardless, which wouldn't work as well. For some reason, claiming incompetence when driving is an acceptable defence to a charge of incompetent driving rather than an admission of guilt.

buffalo

magicbastarder wrote: »

i don't remember any charge being mentioned for the ambulance. which ambulance service responded to your sister's incident?

I got a bill in the post for an RTA I was involved in for ambulance call out. It was only after a couple of days of shock that I noticed the fine print that said it wasn't payable unless there was compensation involved, or something similar to that effect.

I was planning on disputing it on the basis that *I* didn't call the ambulance!

Hungrycol

buffalo wrote: »

I got a bill in the post for an RTA I was involved in for ambulance call out. It was only after a couple of days of shock that I noticed the fine print that said it wasn't payable unless there was compensation involved, or something similar to that effect.

I was planning on disputing it on the basis that *I* didn't call the ambulance!

Sorry a bit off topic but: That's funny if the person who phones is charged! I remember donkey years ago my car was stolen and found a few days later burned out. I got a hefty bill from the Fire Brigade for putting it out! Talk about rubbing salt into my wounds.

I love Sean nos

buffalo wrote: »

I got a bill in the post for an RTA I was involved in for ambulance call out. It was only after a couple of days of shock that I noticed the fine print that said it wasn't payable unless there was compensation involved, or something similar to that effect.

I was planning on disputing it on the basis that *I* didn't call the ambulance!

"I was having a lie down in the road..."