Post accident protocol advise please

fat bloke

I was t-boned yesterday on my holidays. Your man was concerned and sound, exchanged details, both went to the Garda station. It seemed like I'd gotten away with just cuts and bruises, bent derailleur and a buckled wheel but I've noticed today that the rear stay is actually cracked and broken all the way through .
I was happy enough to nearly leave yer man alone or just get the price of a replacement wheel but frame damage notches things up another level and probably means getting his insurers involved unfortunately, apart altogether from me being bikeless on a cycling holiday .

I have his insurer's details. My question is, do I ring his insurers or do I ring him, and who actually apportions fault or blame? As far as I'm concerned twas him, I had right of way and he drove out of a junction and hit me fully side-on. But of course he may or may not concur.

Stanford

I suggest you ring him and give him the chance to settle the damages first without involving his insurance company, his response will decide your next move

Alanstrainor

I would get a quote from a bike shop for the full repair and include everything that was damaged.

But most important of all make sure you are okay yourself, if you are still sore don't hesitate to go to a doctor or physio if need be.

LollipopJimmy

Inform his insurance company anyway, he can settle himself after of he wants. I was hit two years ago and that's what I did, the guy settled with me and I closed the claim with his insurers. People are generally sound until it hurts their pocket

Highway_To_Hell

Inform the insurance company. people can get a shock when you say the bike is worth a few thousand to replace. I was hit last year and the frame was broken. Insurance paid up in full for bike and ripped clothing and all other out of pocket expenses within a few weeks. If you are going to the Piab for any personal injuries it can be treated separately and not delay the bike replacement costs being paid.

Boxcar_Willie

Were you insured yourself ?

LollipopJimmy

Boxcar_Willie wrote: »

Were you insured yourself ?

That's completely irrelevant given the other person was at fault.

Fann Linn

Did he admit liability?

fat bloke

Fann Linn wrote: »

Did he admit liability?

Not in so many words, and not in writing or in any way that I can prove. As said above admitting liability for a couple of hundred quid is one thing, but frame replacement is a different level of cost. Ditto for settling outside of insurance. And that's fair enough in a way. Plenty of people have no idea how much bikes cost and Lord knows there's a culture of sticking it to insurance companies on claims. So it wouldn't surprise me at all if he came back with a completely different attitude in the face of costs an order of magnitude higher.
I guess I want to tread carefully, and deliberately, and correctly.

RobFowl

Phone the police and report it.
The insurance crowd usually insist on that.
If I were you I'd get a solicitor.
It's what they do and tbh they do it well.

Plastik

I would ring and talk to the man.
Then, regardless of what he says, I would ring his insurance company on Tuesday morning.
Then, depending on what he says, I would make enquiries with a solicitor.

When I had a similar experience I gave the guy my estimate of what the damage was - approx €5k. It went through his insurance and after going through an assessor the damage was assessed at approx €5k. He didn't contest, and the whole thing was done in about four weeks.

First impressions seem good - in that he was sound, and ye have both already attended the Gardai. I know, ultimately, it means nothing, but it's better than a situation where he jumps from the car calling you a f***ing eejit cyclist and being more concerned about a dent on his number plate than you on the road.

Boxcar_Willie

LollipopJimmy wrote: »

That's completely irrelevant given the other person was at fault.

It's very relevant.
Liability has not been established.
The OP seems to think that he was not at fault , car driver may have a completely different story.

wirelessdude01

Boxcar_Willie wrote:

It's very relevant. Liability has not been established. The OP seems to think that he was not at fault , car driver may have a completely different story.

Well seeing as they both went to the Gardai it looks like the driver isn't contesting.

ford2600

Kerry driver, Kerry guard and a Jackeen on a bike in Kerry.

Bi Ullamh baby

John_Rambo

I've been knocking around with a broken finger for the last three weeks after an accident.



The driver said she'd pay for the bike damage and my phone which was destroyed. Then she reneged... then she lied to the insurance company so I had to call a solicitor. Solicitor told me to go to the doc, I told the doc the only pain I had was in my finger, he sent me to hospital for an x-ray and there's a fracture on my finger!!! They're worried it's set incorrectly now.


Not sure what way it's going to turn out. I had to get the bike fixed and replace the phone.

CorneliusJames

Boxcar_Willie wrote: »

Were you insured yourself ?

You might find that FatBloke may be insured twice..... once though a Cycling Ireland membership (If he has one) and a second time though a household insurance policy (yes!)

fat bloke

Just as an update to this. It turns out the driver is denying liability and no solicitor has any interest in the case unless it's for personal injury. So... <sigh>... I don't know where that leaves me

amcalester

Sent you a PM.

RobFowl

fat bloke wrote: »

Just as an update to this. It turns out the driver is denying liability and no solicitor has any interest in the case unless it's for personal injury. So... <sigh>... I don't know where that leaves me

Unless you had some injury seems small claims court is your best option.

moonshadow

fat bloke wrote: »

Just as an update to this. It turns out the driver is denying liability and no solicitor has any interest in the case unless it's for personal injury. So... <sigh>... I don't know where that leaves me

So I’m guessing your a sound lad like me who didn’t want to get someone in trouble and therefore didn’t contact his insurance company.
If you had and the fact you had no serious injuries your “bike loss” would have been addressed straight away on signing of a caveat of no personal injuries.

fat bloke

moonshadow wrote: »

So I’m guessing your a sound lad like me who didn’t want to get someone in trouble and therefore didn’t contact his insurance company.
If you had and the fact you had no serious injuries your “bike loss” would have been addressed straight away on signing of a caveat of no personal injuries.

Not quite. I did ring his insurance company and their line now is what I said above - shrug of the shoulders, our guys says he's not liable, whaddya gonna do.

Plastik

That's very disappointing to hear. Is there anything you can use from when ye were both at the Gardai afterwards, any statement taken? I've no idea where you go here. If it was your good bike then you're going to be above the small claims court threshold and will have to go a step higher. You'll have to engage a solicitor one way or the other now though unfortunately. There must be some contacts through the club?