What To Do If Involved In A Cycling Accident

September 23, 2009 · Comments

crash

Fortunately I’ve only been hit by a car once and miraculously came out with minor injuries.  I’m sure many of you have experienced the same and I know a few of you haven’t come away so lucky.  It’s the most frightening thing a cyclists can experience  (a magpie strike is a close second).

The other common accident that can occur while out on the road is having another cyclist bring you down (I’m not talking about racing here).  This happened to me a couple weeks ago.  It was a sunny weekend morning and another rider ran straight into the back of me while I was waiting for a red light to change.  It wasn’t very hard and only knocked me over, but it damaged my bike more than getting hit by that car did.  My integrated seatpost was snapped off, my saddle rails were bent (which I can’t get straight), and a few spokes were broken.  What a disaster for such a small prang.

I wasn’t very well prepared for neither of my accidents as it turned out.  Who ever thinks of these things in advance?

What often happens is the offending driver or rider acts very apologetic and emotions run high (either anger or remorse).  Neither of you planned for this to happen and if there are no serious injuries you want to get out of there as soon as possible.  Contact details are exchanged and you deal with the damage costs and whatever else later on.

Unfortunately what also happens sometimes is the driver or rider at fault will change their story after the fact.  This is usually because he’s had time to rationalize and reflect on the incident (morphing it into your fault) or he has had a chat with his friends or even lawyer.  All of a sudden he’s not so apologetic and not taking any responsibility for damages or injuries incurred.

Here are a few things to think keep in mind if something like this happens to you:

  • Get off the road and deal with the incident away from moving traffic.
  • If there’s any possible chance of injury you should call an ambulance.  If you live in Victoria, TAC covers this cost if the accident happened on a public road.  I’m not sure about other states and if you live in another country you definitely should look into who pays for this.
  • Look for witnesses to confirm the incident details.  Don’t forget to get the witness contact details as well. These may come in useful later if the driver’s or rider’s story changes.
  • Get the other party’s contact details and driver’s license number.  Don’t trust him to give you the correct phone number. Have him phone you on the spot so you have his number in your phone records.   Perhaps don’t give him your details as he may screen your subsequent calls afterwards (forget I said that dumb suggestion).
  • Take a look around and see if there is anything significant with the accident scene that you can take a photo of that may be of use later.   Maybe even take a  photo of the other driver/rider or his rego number. We all have camera phones these days so this is a viable option if applicable.
  • The responsible thing for me to add that you should get checked out by a doctor even if you think the accident was minor.  Many times the adrenaline is pumping and you feel fine after a crash, but that’s your natural survival mechanisms kicking in.  No sense taking any chances.

In both my incidents I was very lucky that the guys who hit me were willing to pay for the damages.  They did the right thing and I had no problems.

This brings up a topic on cycling etiquette. I think most of us assume it is common sense that if a rider crashes another, the rider who is clearly at fault takes responsibility for the damages.  Unfortunately the person at fault doesn’t always see it this way and is not so cooperative after he gets away from the scene. This is why it might be a good idea to have insurance. It’s rarely worth your time and money to go after this guy in court.

Months back I had an article written on what to do if you come up on an injured cyclist.  This may be a good place to throw in this reminder.

I’m currently researching different bike insurance options for situations like this and that should be done relatively soon.  I’ve had lots of questions from readers about this and I still have many of my own!

Ride safe.

  • mark
    tac cover you for treatment wherever, you are considered a private patient. I treat private patients all the time where TAC is responsible for the bills. Obviously they need to approve procedures etc but they don't just cover public hospitals
  • I just wanted to say thanks for this post. I had read it when you put it up back in Sept and kinda mentally filed it away. Well I am very thankful you had posted this and that I had read it, because I got hit by, of all things, a police car while cycling to work this morning. I remembered the part on going to get checked out, the last bullet point, and I'm really glad that I did. I just have some bruises and bumps, but it makes it a lot easier with paperwork/insurance/etc. Thanks for this.
  • I'd like to add: go see a dentist. Found out, over 2 months later, that I had chipped some enamel on my teeth! So go see a dentist after a bike accident, even if you don't think you did anything. I definitely didn't think I had hurt my teeth; turns out I had.
  • Justin
    Just to confirm, I checked with BV regarding their insurance policy. From an email they sent me, I quote:

    "Please be advised that Bicycle Victoria membership insurance covers you for personal injury and third party property/injury. Our insurance covers you any time you are on a bike."

    Good to know, and I think worth $100 a year.
  • Pete
    The way I understand it, BV covers all injury (to yourself and others) and all third party property. It just doesn't cover your own bike.
  • Matt
    Having had this kind of incident before, Things I do know are that here in SA you are considered to be a vehicle so I have been attended to a few times before, sure you go to a public hospital but anything major here and you go to the same hospital, Once I had the bolt that clamps the bike seat to the post break, only me involved the home and contents paid for all of my damages including the clothes that were cut off. In December I got cleaned up, All I can say from the last one was go through your on contents cover they paid for a new bike just after verifying with the LBS that it was a write off and I should go down and pay the $100 excess and pick up my bike, after his insurance company was going to offer me something like 1/2 price cause my bike was not worth that much in the eyes of his assessor.
  • — Great advice, you should get contact info/statements from anyone who witnessed the accident too... that helped me when a motorist (at fault) tried to change his story later.
  • Justin
    Anon,

    When you say "TAC cover bills for road accidents", do you mean all bills, or just medical bills? As far as I knew, BV covers you for 3rd party property damage as well. I had a friend who got tangled up in some tram lines and ended up hitting and scratching some guy's fancy SS ute (that was parked), and my friend was liable for the costs to fix it. I've requested a copy of the policy wording from BV to confirm they cover this sort of thing, but maybe someone else already knows for sure?
  • rocketman
    Just to clarify, TAC in Victoria covers medical bills ONLY if a car is involved.
  • Anonymous
    Yes, only if a car is involved. TAC is primarily funded by vehicle registration. As Cyclists, runners, pedestrians do not pay Rego we are only covered by TAC in Public Hospitals if a vehicle is involved. Otherwise we could all be getting free medical services every time we trip over on the street.
  • Jake
    Justin, You're spot on (but please check your policy)- one of the reasons I have BV membership is for the 3rd party property- just in case I crash into a Porsche on beach rd one morning!
  • Anonymous
    BV suck. The $100 is a waste. TAC cover bills for road accidents and they just refer you to Slater & Gordon or Morris Blackburn lawyers, who you can go straight to anyway.
  • Simon
    Anon, TAC only covers Medical bills in a Public Hospital (and working in the sugical field I would rather put up with my broken arm for the rest of my life than have a junior registrar stuff it up. (Thats another point-All riders should take out Private Medical Insurance. You can't say you can't afford it if your training on Zipps and a 12K+ bike)and only if you are involved with a motorcar or motorbike. And when you are finshed winning all your money back with S&G they will take most of it off your hands.

    I have BV insurance after a friend recommended it to me. A month after I took it out I got cleaned up by a car. BV and their FREE legal advice got all of the money out of the driver to pay for broken bike, components and clothing as well as bike inspection costs and Dr's bills.

    Don't forget that BV also pays for damage to other peoples property if it's your fault. How many times riding along Beach Rd have you riden by a parked Porsche, BMW, Merc etc! Imagine how much panel beating and re spray of a Lambo's rear quarter panel would cost if you hit it. The drivers not going to say don't worry about it, its just my old Lambo.
  • JER
    Bicycle Victoria provide excellent personal and third party accident cover, but unfortunately don't cover equipment damage. For around $100, at least there is peace of mind regarding any personal injury you may suffer.

    Added benefits to members is personalised legal advice after an accident. This might be the difference between successfully having the costs of an accident paid, or being stuck with a hefty bill.
  • Jon
    Bicycle Queensland offer a similar service with 3rd party and free legal advice for $55/yr or something; I assume there would be matching associations in NSW, SA, WA etc.

    Everyone should have 3rd party personal as a minimum. If you cause an accident with a cyclist, pedestrian or car causing serious injury and are found to be negligent you can be up for financially crippling amounts of money.
  • Mike
    How does it work in bunch rides when someone might get a wheel chopped or similar; or a rider may cause several other riders to come down. Who is at fault / laiable? Is it part of the risk you accept when riding in groups like Nth Rd?
  • Twoeee
    I am with Cyclecover (highly recommended after my crash) and I am covered for racing and training down to specific items. I need to pay a carbon excess if my bike brakes but I would rather pay the excess than fork out major money for a new bike.

    Insurance highly recommended
  • hard_man
    how much is the poilcy costing per year .. you have a 12K bike so it must be a fair bit.

    do they discount if the bike is BRIGHT YELLOW ?
  • Twoeee
    Mine is white so it is all good.

    It includes contents and it is about $100/month. A necessary evil but worth it
  • Jason
    In my opinion
    Bunch rides like North Rd i would not expect 'the person at fault' to pay up. Doing a ride like that nobody intends to crash, and yet inevitably crashes do happen. Just as in racing, if someone puts me on the deck and my $3,000 wheel breaks i don't expect to be paid by anyone. That's just tough luck.

    Crashes and bike damage is unfortunately apart of cycling and i think most serious cyclists should allow for this in their budget, or take it as an opportunity to upgrade.

    However if you are riding by yourself or a few mates and some total random not apart of your ride ends up taking you out 'CT style'. then hopefully they have the guts to pay up.
  • I agree Jason. If I see some dangerous behavior happening on a bunch ride I'll usually try to get ahead of it. If you can't get ahead of it, being closely behind it is a bad place to be. Better to leave the bunch altogether. I feel that it's your responsibility in a bunch ride to make the right decisions and be within your surrounding comfort level.
  • Anonymous
    Why on earth would you have a 3000.00 wheelset on NNR? Maybe the bills wouldnt be so high if people used TRAINING bikes and wheels for TRAINING, and saved the fast stuff for when it counts......
  • Jeremy
    Because life is too short to ride with crap wheels.

    In regards to the chop, if you get done on your front then clearly it is your own fault. Either ride up front, or in a group of riders you trust and know, or stay the hell back.
  • Jason
    Don't stress anon, i was just using the $3,000 wheelset as an example when racing. i train on mavic aksiums and race on lighter clinchers for club/state racing and zipps for state/national racing.
  • That is a really, really pertinent question.

    Especially in the context of your insurance cover, and any exclusions.

    Is this type of scenario considered training? Is the situation considered high-risk and therefore in breach of the Ts and Cs.

    Clarky or his contact might have something to add, as many of us from Meltown on this blog will be in the North Rd or similar (or races) at one time or the other.

    Tim M
  • Geoff
    Hi CT,
    I had an incident about a month ago along Marine Pde just before the BP. A cyclist was riding in a small bunch and chopped me off. Put his rear wheel into my front wheel and broke a few spokes and crack a carbon rim. He admitted fault and gave me his phone number. He had agreed to pay damages and even gave the go ahead for repairs. Then rang the day after to say he had been "advised" that he was not at fault and didn't pay.

    As mentioned, always get drivers license or at least full name and address. Try and get a witness, otherwise it's your word against theirs. Don't trust them to follow through after the incident. Even fellow cyclists can change their spots when it effects the hip pocket.

    Also you mention insurance to cover your bike in an accident. Don't forget to cover 3rd party damage in case you end up been the rider at fault. Accidents do happen. I've seen what CT and his team mates ride/drive, if you run into one of them and if your not covered, I hope you mortgage has a good overdraft!
  • Andy
    Bikes these days are quite expensive (some cost as much as a small car)! So it stands to reason you should seriously consider insuring your bike (or bikes).
    There are a number specialist groups that will provide you with insurance cover for your bike. Most are simply an extension of your home and contents insurance. I know of 3 insurers (in Oz) that provide specific cover for cyclists:
    * CycleCover
    * CycleSafe
    * Velosure
    I wouldn't ride my bike without it...
  • Travis
    Clarky,

    I would love the details of the insurance company brand new s works can't get covered through home contents for damage on road
  • Clarky
    Crashing is always risky, the most important part is having the right insurance!!! My bike is covered by an excellent Home and Contents policy with only a $100 excess and coverage over all events excluding motor pacing and racing. There are no stupid additional excesses, so that means no carbon excess!

    In relation to the bike insurance Wade, if your interested shoot me an email and I'll put you in touch with a mate of mine whose family owns an Insurance Brokers business. The policy he got for me is fantastic and he could probably do some sort of special for CT readers.
  • Eddie
    Do tell re Policy?
  • I'm getting a bunch of insurance policy stuff together and Clarky has emailed me the details. I'll post next week so that there's a good comparison outlined
  • Pete
    Looking forward to this post, CT. I've just had a rescan of my policy wording, and I'm a bit baffled. I'd be very interested in hearing about the other options out there.
    Cheers!
  • Peter
    policy wording is critical, as the contents may cover for theft or damage to sporting goods, but not while they are being used for their intended purpose......so I am looking.....cant get car insurance to cover bike, neither motor bike....untapped market I would have thought
  • Pete
    Yeah, Allianz covers theft and damage, but not while riding. I'm often worried about my bike being stolen while I'm riding it!!
  • I should add, ALWAYS get their license details and report an incident. Hampton police told me it's actually unlawful NOT to report an incident or get the license (I can't remember which). In my second case above I was told (as I reported it a week or so later) that the sergeant might fine ME for not reporting it or getting the offendor's license (I can't remember which way around).

    It's always best to report it and have it on the record.
  • Domestique
    Hi all,

    Just to make things a little clearer. If you are involved in a crash / accident and you were on the road and it was "owing to the presence" of a motor vehicle you will be covered by TAC.

    If you are injured and or the bike or other property is damaged both parties involved are required by law to exchange names and addresses. There is no requirement for somebody to give you their licence number - unless its the police asking. If the other party doesn't comply they commit an offence.

    If you have a camera- phone use it. Photograph as much as possible. Also consider using the phones recorder for admissions. "Witnesses are a priority make sure you get a contact number and ask what they saw." It might be different to what you saw - didn't see. If you are getting the run around call 000 and request police attendance.
  • Here's my experience

    1/ Tboned by a semi trailer on Beach Rd near Elwood canal - driver did not give way on his right (to me). Outcome. Lying in middle of 3 lanes, subluxated collarbone, broken M Frames, Helmet, other damage.

    Action: witness details. Got off road. Got driver's license number etc.

    Rode 8km to Hampton police station and reported it (dripping blood, subluxation in place) - police rang driver, confirmed statements, issued fine+3 demerits.

    I rode home, GP (patch up), hospital for xray, filed TAC claim next day.

    Driver paid damages after 1 month chasing him - $1300.

    2/ Riding up Anderson St driver opened door on me (20km/h standing up on pedals). Me on road. Got d/license. Reported him to police. He disputed events. Station seargeant fined him anyway. Wrote him a letter of demand (he looked a bit poor). Followed upo by phoning him to pay for assessed bike damage ($600). He denied liability and tried to make it $100. He claimed the police said it was my fault and his friend said so too.

    I threatened lawyers and got the $600.

    3/ 3-4 other random bingles (usually collected by a driver turning straight across me on Beach Rd without indicating/looking) have ended without damage.

    Moral. Get cycle cover just in case.
  • MrT
    If a driver's hit you, chances are he's broken a law in doing so. (Well they did in both my accidents.) So they legally have to provide you with license details. Straight after visiting the doctor (you remember the TC incident!), write up a detailed statement and take it into your local police station. They were great and said they'd follow it up on both occasions. It's also good leverage down the track if you need it.
    Quickly get a quote for repairs and put any claims in writing/email. Press for it to be finalised as quick as possible before the drivers feeling of guilt fades.
  • Pete
    "Have him phone you on the spot so you have his number in your phone records. Perhaps don’t give him your details as he may screen your subsequent calls afterwards (just a suggestion)."

    The first part is a great idea, but how can you do both?! :)
  • ha! Dumb 1am suggestion on my part ;-)
  • Matt
    After having the remorseful driver later morph into blaming me, I can't agree more with the point on finding a third party witness. If it happened again I wouldn't hesitate to get the police on scene whilst details werestill fresh.
    TAC were great but you will still be out of pocket and for some reason TAC don't understand bike repairs should be classified as medical costs :).
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