Mercedes 815 vs cyclist, I was so lucky?

[jkeith]

I was cycling along on a nice sunny morning last week in the outskirts of Newcastle. A 7.5 tonne Mercedes 815 refrigerated truck decided to drive out from a side road and catapulted me into the opposite carriageway. Thankfully there was no traffic coming in the opposite direction.

I was very lucky to get away with cuts and bruises. The bike was trapped under the front of the truck and was dragged some 25 metres along the road. It's a total wreck which is a shame since I spent weeks last year getting it fully restored with lug lining and other details befitting a classic bike.

The police decided that as a result of me only having minor injuries that they would deal with the driver by way of a letter of caution. He didn't even get any points on his license. I feel just like a piece of road kill.

So now I have to wait some 6 months to get compensated. How much would you take if I wanted to hire you to cycle up the road and at some stage arrange for a truck to mow you down? I know I'm not going to get very much.

I do know that I was very lucky to escape with my life and have avoided serious injury. Ah well, enjoy life....you just never know.

 

[trapperjohn]

Glad you are OK.

 

[Dieselman]

Good to hear you're nor seriously hurt.
Why are you having to wait six months for compensation?

 

[jkeith]

I understand there are two components in the event of accidents involving personal injuries.

The vehicle (in this case my bike) is recovered from the other sides insurer. It may be that an interim award can be made for this component.

The second component is compensation for the personal injuries. It is good practice to allow a generous amount of time in order to avoid any latent symtoms. Cuts and bruises can recover within 6 to 8 weeks but some soft tissue injuries can take a few months to heal.

Other expenses including all of the clothing damaged should (I think) be priced along with the vehicle replacement costs. There is a huge amount of administration involved to supply the claim management company with the details required to make a robust claim.

One aspect that was very bizarre is the adrenelin and survival euphoria that lasted for a couple of days. After that I came down to earth with a bump and felt like a piece of dirt.

Aren't I lucky?

 

[Dieselman]

There is a huge amount of administration involved to supply the claim management company with the details required to make a robust claim.

Are you renting a bike while this gets sorted. Maybe get the claims handlers to rent you a Trek Madone 6.9.

That should gee the insurance company up a bit..

 

[jkeith]

I'd never thought about hiring a replacement. Will ask next week.

I do have my race bike (white Trek US Postal), a classic Holdsworth single speed and a Mercian with beautiful wide flange Pelissier hubs but try to use them only in fair weather.

The winter bike was a rare (?) Telfer 531 with Campag / 105 and lots of nice classic details including detailled lugs and a very nice Brooks saddle (now trashed). I hope the cost of a replacement can be measured by comparison with the price of the current Mercian bikes.

 

[Dieselman]

Mercian can probably make a bike very similar to the one you had. It's a couple of years since I went in there, but they had quite a few "classic" bikes there.

I would ask them to price you up a bike now as a bargaining tool for the insurance payout.

 

[jkeith]

Already got the Mercian estimate for a replacement bike which comes out at £2,300. Have sent that to the claim company. Deducting 20% for the 12 months since last years' refurb is a figure I still expect the insurer to throw out.

I'm expecting them to say it was over 20 yrs old so is only worth a tenner!

 

[ckember]

can you not claim on your contents insurance as most bikes are covered? they might even replace the clothing and stump up legal or the injuries

 

[st4]

can you not claim on your contents insurance as most bikes are covered? they might even replace the clothing and stump up legal or the injuries

If he is genuinely not at fault he should not have to....

 

[finisterre]

Perhaps luck does not exist at all?

If you were lucky to survive and unlucky to be hit do they cancel each other out?

Once something has happened however improbable was it a certainty? I don't know.

Good that you are okay though.

 

[jkeith]

My contents policy has a £500 limit and I don't want to have more than one claim.

I did try a 'reasonable' approach with the other side. The truck driver gave me his employers telephone number which just gave me an answer phone. At that stage I had not received the insurance company details. I was under the impression that this was a legal requirement within 24 hours of an RTA. So, I went to the address given and asked the employer to consider a settlement without any 'hassle'. This was not taken up so I then contacted a claims management company. Their insurers will have to cover their costs and they have been very supportive in advising me of how to proceed.

Aside from the claim process, I was surprised that neither the driver or his employer made any contact to apologise or check if I was ok. I realise the insurers' advice is to say nothing but the driver had already addmitted responsibility to the police. If I was driving any vehicle and caused personal injury to someone else, I would feel obliged to apologise and check if the injured party was ok.

I know life is not fair but I get kissed off at drivers who 'get away with it' and leave the injured party to do battle in order to get reasonable restitution. Anyway, I'm lucky to get away with the minor injuries, it could have been so much worse if the circumstances were slightly different.

 

[JOB-BLACK-RAT]

The police decided that as a result of me only having minor injuries that they would deal with the driver by way of a letter of caution..

Sorry but think the way your RTC as been resulted by your local Police is just awful!

If the circs are as you have written above the only way I would have dealt with it would have been sending the driver to court for without due care. Sending a 'letter' just does'nt cut it in my book.

 

[mattyg]

My OH uncle is in Intensive care after being knocked off his bike a few days ago. He had a 4 hr operation on his brain, And is currently unconcious and on a ventilator. Young girl drove straight into the back of him sending him through her windscreen.

Its touch and go whether he will survive.

You were very lucky indeed

 

[jkeith]

The inappropriate police penalty is one of the main reasons I feel so agrieved. If I had been killed he would have been done for causing death by dangerous driving. If I had been seriously injured he would have been done for dangerous or without due care and attention.

Just because I was fortunate enough to be hit while there was no traffic on the opposite carriageway / avoided getting dragged under the truck / was fit and wearing good cycling clothing, he gets off!

Trying to see the neutral view (difficult given my position), I suspect the police are seeking to get a penalty befitting the severity of the consequences. It also minimises the paperwork they need to do for the CPS.

The actions by the driver were no less dangerous and no less careless. I shudder to think of the outcome if it was a 9 year old child he hit. It's a bit like motoring Russian roulette, but I don't see how the penalty can be totally dependant on the consequences. The driver was not breath tested, his mobile phone was not checked and I was left feeling that the police were just not interested in doing more. I'm no expert on motoring law but I did think that this is much more serious incident than the offences that automatically attract fines and penalty points.

Looks like I was wrong again.....

 

[219]

Even though the police don't want to act in this case , I think the circumstances you have described speak for themselves and it is difficult to envisage , based on what you have described , how the lorry driver could evade responsibility . Remember , it is not the police who bring a prosecutiuon but the procurator fiscal ( or whatever the equivalent is in England ) - I would therefore make representations to them to see if the driver , and/or the company could not be charged with driving without due care and attention . A successful prosecution would be most helpful in any subsequent claim for compensation .

You could also consider bringing a private prosecution against the lorry driver/company which would have the same outcome - best avenue for that might be via a no win-no fee type legal firm , or your existing claims management firm .

 

[219]

I don't see how the penalty can be totally dependant on the consequences.

Legally , the consequences are irrelevant - it is the degree of carelessness/negligence that determines the charges .

Ask a suitably qualified lawyer .

 

[jkeith]

Matty G, I'm so sorry to hear about your uncle. I sincerely feel for him, all his family and friends. Please keep us advised on his progress, I hope he will make a satisfactory recovery but know it is too early to get fast confirmation of that.

Brain surgery is an awful issue to deal with. Not withstanding the medical progress and talent of the surgeons, it is a scary issue for anyone to deal with. Trying to stay positive is in itself a real challenge but I feel for you and the rest of the family for what you are going through, even more what your uncle is experiencing.

Where in the uk are you?

 

[jkeith]

Hi Derek, thanks for your comments. The Crown Prosecution Service do the prosecuting in England rather than the Procurator Fiscal.

I have a strong suspicion that the Police are spreading their resources to get the best results and in doing so, anticipate the outcome and measure their workload accordingly. It was not a traffic police unit that attended the scene. In fact, the paramedic had been and gone for 20 minutes before the police turned up.

I discovered that the driver was on holiday from his bulk milk delivery job and had a phone call the night before at 22.30 asking him to go in at 04.00 the next morning to cover another absent driver. I don't know if he had been drinking or not.

When I eventually picked myself up off the tarmac, it was me who rang the emergency services.

At that time, apparently all police units were already designated to other jobs and the wpc was pulled off another job to attend the scene. She did not carry a breath test kit.

I'm reluctant to go back to the police now and ask them to take a harsher line. I should have made a song and dance about it at the time but was still in shock and suffering survival euphoria. I think I need to discount that reluctance and have a word with them about any options still open. In fact, I will ring them tonight. Thanks,

 

[219]

I discovered that the driver was on holiday from his bulk milk delivery job and had a phone call the night before at 22.30 asking him to go in at 04.00 the next morning to cover another absent driver.

Could also be worth looking into his driving hours , in case he had been working the previous day and been over .