Crash- car, bicycle and mini roundabout

[cjw207]

I was the cyclist in this incident. Here is my account of what happened:

I was approaching the roundabout. Slowed down as I approached and saw a car at the 9oclock postion (I myself was at the 6 o'clock) Upon seeing it slow down approaching the line, I continued across, assuming I was being gievn right of way, as is the case to the person on the right (Highway Code 161 I think)I proceeded over the line. As I did so, the car pulled out into my path but then stopped in my path in the middle of the roundabout, presumably upon seeing me.. . I swerved and tried to brake to avoid it, but not able to slow down sufficiently as I had been caught by surprise and a car was approaching from the other side, and crashed into the side wing, going over the bonnet, through the air and landing on my knees.

The bike costs in excess of 1600 pounds and the frame is ruined, the carbon on the forks and bars will also be damaged. My question is will I receive a payout for this incident? I have his details and a witness was present.
He said he did not see me when he pulled out which I can't fathom, as I saw him.

I have no insurance either, the bike itself was only a week old as well.

Any feedback would be greatly appreciated.

Chris

[maviscoull]

if you were in a car then you would be covered by HIS insurance so i would expect the same on a cycle. i would put forward for a claim !!
if not.....( i know this isnt fair on you ) but if you have home contents insurance it sometimes covers unitemised goods up to a certain value, but im not sure if cycles are included.

[Toureman]

From your description of the incident you are not in any way to blame.
You should claim for all costs of repair and injuries from the car driver's insurance, as the car driver has already stated he did not see you he has admitted it is his fault.
This sort of thing happens all the time to motorcyclists and the excuse is always "sorry did not see you"
Get in touch with one of the companies advertising to the right of this answer.
Claim on his car insurance not your home insurance.

[homer75]

I could never understand why cyclists, as road users, don't have to have insurance ! I've lost count of the near misses I've seen involving their antics - surely this is a classic example of the need for insurance cover when riding a cycle on the highway ?

[Toureman]

Adverts vanished google compensation companies, will not cost you anything.

[cjw207]

I am only 19 and a University student, so do not have insurance. He is fully covered with company insurance he has told me, and has got it sorted his end. Now need to wait. Am I likely to get money for personal injuries like cuts on the knees and bruises?
Is it worth getting legal representation at this stage. I thought that was what to do if I was unhappy with the way things were going.

[Loosehead]

Take no notice of the "bikes need insurance" argument, always a non starter.

Yes, as above, clearly the all too common miopic motorists fault, claim whatever you can. There may be a case for engaginge one of the injury lawyeres but bve careful, there are some sharks among them.

[Buenchico]

Whenever you suffer loss or injury through the negligence of another person, you're entitled to claim damages from them. That applies irrespective of whether it's a road accident and irrespective of whether or not the person has insurance cover.

Your claim is 'officiallly' against the driver but, in practice, it will be handled by his insurance company. Contact the driver's insurance company, as soon as possible, notifying them of your intention to make a claim against his insurance. Give details of the accident and state that you will be seeking quotations for the repair of your bike and that you will be forwarding them shortly. Also, invite the company to make an offer for compensation in respect of the shock and injury to yourself. (Send a copy of your letter to the driver).

Get a specialist cycle shop to give you a written quote for repairing your bike. (If possible, get several quotes. insurance companies usually ask for 3 but they might be prepared to accept fewer if you live in an area where there are only one or two firms who could do the job). Forward these quotes to the insurance company. (Once again, send a copy to the driver).

Hopefully, that should be all that you need to do. You definitely DON'T need to use the services of one of the many firms of 'compensation lawyers' who advertise in the media UNLESS you fail to get a satisfactory response from the insurance company.

Chris

[Simeon]

I think you are on a hiding to nothing with regards to injury compensation. In any accident if there is any injuries whatsoever then the police have to be called. As for yor bike then yes the car driver is to blame and his insurance company should cough up. I don't exactly know how you would make a claim yourself against someone else, I would expect you would need some legal representation to make the claim on your behalf. don't worry about the cost as I am sure the lawyer would claim costs aswell. good luck.

[Grunty]

It is not true that the police have to be called if there are injuries involved. The car driver's responsibility was to give you his name and address, the name and address of the owner of the car, and to produce his certificate of insurance. If he had not done so, he would have to report the accident to the police as soon as reasonably practicable, and in any case within 24 hours. Do not be put off by that red herring. Buenchico and Toureman are right.

[Andy Boz]

Also, and I imagine you will already know this, get photos of your injuries, bruises etc, and pictures of bike and car if possible. This will help your case later on if needed

[Azlan]

Hi

re your accident - as far as I'm aware you always give way to traffic from the right so whether he saw you or not is irrelevant - it is his fault. I take it you were on a motor bike?? Word of advice - get yourself insured - third party fire and theft should be adequate if fully comp too expensive. My sun was knocked off his bike in exactly same circumstances - it turned out the driver was drunk|!!!