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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9339
Experience:  I have been practising for 30 years.
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I have been knocked off my bike by a car which was parked

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I have been knocked off my bike by a car which was parked illegally. I have a witness to prove it was the other drivers fault. My bike is broken, and my computer is damaged as well as pain to my knee. I have spoken to the driver who refuses to replace my bike. how do i make a claim
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.
What were the mechanics of the accident?Did someone open the driver’s door?Can you explain the situation in detail please?
Customer: replied 1 year ago.
HI thereYes the driver opened his door as I was cycling past. I fell infront of a lorry who braked suddenly. I jumped out of the way after falling onto the floor and the lorry ran over my bike.
Expert:  F E Smith replied 1 year ago.
Thank you. I thought that might be what happened.Ignore the fact that the vehicle was illegally parked. It is not relevant. The driver who opened the door is at fault. There is a legal test called the “but for” test which states that but for this incident, the damage would not have happened.But for the driver opening the door, the bicycle wouldn’t be damaged when you would not have hurt your knee.It is most unlikely that anyone falling off a bicycle does not have some kind of injury.You will probably find any solicitor that deals with personal injury matters will take this on for you on a no win no fee basis. It is certainly worthwhile contacting a local solicitor. They will only get paid in respect of the injury but any decent solicitor in this market will deal with the recovery the bicycle cost free of charge as part of the overall matter. If the solicitor agrees to do the injury claim not deal with the bicycle, find another solicitor.Incidentally, although this could have been a very serious incident if you had fallen in front of the lorry, and you could indeed be killed, it does not make the injury any more serious because there is no claim for nearly being killed.What you might have however is some kind of psychiatric injury if this has had a lasting impact on you and that would certainly be worth investigating as part of your overall claim if you don’t think that you are in effect mental state to go cycling again.In this case, it is not the lorry driver that is at fault but the owner of the car. If the owner of the car will not agree to give you their insurance details, and their name and address, you would sue the driver personally and it’s up to them whether they let their insurer deal with it or not.Because of the nature of the accident, and the damage to you and property, I suggest that you inform the police. Because they were parked, I think it unlikely that they would get prosecuted for failing to report the accident but that would come down to the police. Certainly, you do need to report it.Can I clarify anything specific for you?Please don’t forget to rate the service positive. It is an important part of the process by which experts get paid.Best wishesFES
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Customer: replied 1 year ago.
thank you for your reply. the police were called to the accident so i have the insurance details for the driver as well as the lorry drivers. while my knee isn't really damaged I really just want to have my bike replaced as it is my main method of getting to work. can i still speak to a no win no fee solicitor?
Expert:  F E Smith replied 1 year ago.
Unless there is a claim for an injury, you will not get solicitors to deal with the bicycle claim on its own on a no win no fee basis. Remember that if you even have a little bit of pain bruising or bleeding, you are entitled to compensation because that quite simply should not have happened.If you are only concerned about your bicycle, you can always issue small claims court proceedings for the cost of the bicycle, against the driver, and deal with it yourself.My personal threat is that you might as well have the money for the injury and any damage to clothing as well as the cost of the bike.I would certainly ring a few solicitors.It’s not something that I could deal with for you but my firm’s personal injury partner would certainly have take this on. You are better however using a local solicitor.
Customer: replied 1 year ago.
thank you. really helpful advice.
Expert:  F E Smith replied 1 year ago.
It was my pleasure to assist you.

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