Personal injury claim and LBS outcome?

downfader
downfader Posts: 3,686
edited October 2008 in Commuting chat
Well it seems the damage isnt as bad as it looked. My bike (after being hit last month) has around £340 worth of damage, got a written quote for the insurance claim (finally got the drivers details :) ). So its 340, plus 70 quid for the top, 40 quid for the helmet... the trackies were 4 quid primark so I cant be bothered with that, lol! 10 quid for the camera mount

What I now need to do is phone his insurers and make the claim. Can I claim for personal injury off his car insurance? Just wondering if its worth it if I can... :?

Comments

  • linsen
    linsen Posts: 1,959
    I think you'll find you can, but I'm no expert.

    I presume you saw a doctor at the time and he listed your ouches?
    Emerging from under a big black cloud. All help welcome
  • robd75
    robd75 Posts: 147
    Yes you can, In the first instance I would suggest that you contact thier insurer direct, they will often these days offer an intervention service, this means that if they admit liabiloity they will deal with you directly, failing this it would be best to obtain a solicitor, if you have home insurance, you will probably have a legal expenses policy attached and they will provide one for you, if you don't and cant't afford to fund one yourself, there are plenty of ambilance chasers that will be falling over themslevs to help
  • downfader
    downfader Posts: 3,686
    Cheers for that.

    Linsen, have you changed your avatar again?
  • kr1s
    kr1s Posts: 125
    If the guy admitted liability then deal direct with his Insurers - If you were hurt then definatly claim personal injury - and claim for everything - they would off you if it was the other way round - if you have no joy off the insurers there are plenty of no win no fee
    Trek Madone 5.2 08
    Specialized Tricross
    Scott Scale
    Twitter @ChrisBedford1
  • linsen
    linsen Posts: 1,959
    downfader wrote:
    Cheers for that.

    Linsen, have you changed your avatar again?

    It would seem so :wink: [/img]
    Emerging from under a big black cloud. All help welcome
  • cougie
    cougie Posts: 22,512
    I'd have gone with a solicitor in the first place to be honest - someone like Alyson France at Bikeline - she's handled cases for a couple of my riding pals. Did you get photograpsh of your injuries and damage and everything ?
  • spen666
    spen666 Posts: 17,709
    Do not make a personal injury claim without a solicitor

    You are like a Christian in the lions den without one
    Want to know the Spen666 behind the posts?
    Then read MY BLOG @ http://www.pebennett.com

    Twittering @spen_666
  • DonDaddyD
    DonDaddyD Posts: 12,689
    Downfader,

    I hope you don't find this insensitive but what insurer are you with?
    Food Chain number = 4

    A true scalp is not only overtaking someone but leaving them stopped at a set of lights. As you, who have clearly beaten the lights, pummels nothing but the open air ahead. ~ 'DondaddyD'. Player of the Unspoken Game
  • cjcp
    cjcp Posts: 13,345
    spen666 wrote:
    Do not make a personal injury claim without a solicitor

    You are like a Christian in the lions den without one

    Word.
    FCN 2-4.

    "What happens when the hammer goes down, kids?"
    "It stays down, Daddy."
    "Exactly."
  • downfader
    downfader Posts: 3,686
    spen666 wrote:
    Do not make a personal injury claim without a solicitor

    You are like a Christian in the lions den without one

    In most cases yes, but my injuries (although still giving me jip in some respects) were pretty minor. I did walk out of A&E. I have photos, police involvement, etc.

    DondaddyD, I'm not insured. So hence doing this off my own back. Have read up on it as best I can.
  • cjcp
    cjcp Posts: 13,345
    downfader wrote:
    spen666 wrote:
    Do not make a personal injury claim without a solicitor

    You are like a Christian in the lions den without one

    In most cases yes, but my injuries (although still giving me jip in some respects) were pretty minor. I did walk out of A&E. I have photos, police involvement, etc.

    DondaddyD, I'm not insured. So hence doing this off my own back. Have read up on it as best I can.

    Downfader - I think there are Personal Injury Pre-Action Protocols which need to be followed. I don't think it's as straightforward as one might think it ought to be for minor injuries.
    FCN 2-4.

    "What happens when the hammer goes down, kids?"
    "It stays down, Daddy."
    "Exactly."
  • spen666
    spen666 Posts: 17,709
    downfader wrote:
    spen666 wrote:
    Do not make a personal injury claim without a solicitor

    You are like a Christian in the lions den without one

    In most cases yes, but my injuries (although still giving me jip in some respects) were pretty minor. I did walk out of A&E. I have photos, police involvement, etc.

    DondaddyD, I'm not insured. So hence doing this off my own back. Have read up on it as best I can.

    You would be a mug to represent yourself

    I did not even attend A&E when I had an accident last year. I did go the following day though and drove there and back.

    I got £3000 for personal injuries. I also had a solicitor.

    How are you going to value your injuries PROPERLY? Have you access to Kemp & Kemp perhaps?

    How are you going to get a PROPER medical report confirming the injuries and the future prognosis?

    You can represent yourself. You will certainly be throwing money away in doing so.

    As I said earlier, like a christian into the lions den.

    Would you go into a war without proper equipment? So why go into this war without proper equipment?

    His insurers are not a charity. They will do everything they can to minimise the amount you get
    Want to know the Spen666 behind the posts?
    Then read MY BLOG @ http://www.pebennett.com

    Twittering @spen_666
  • gabriel959
    gabriel959 Posts: 4,227
    Do as they are saying mate. It seems reasonable!!
    x-x-x-x-x-x-x-x
    Commuting / Winter rides - Jamis Renegade Expert
    Pootling / Offroad - All-City Macho Man Disc
    Fast rides Cannondale SuperSix Ultegra
  • downfader
    downfader Posts: 3,686
    Just phoned the insurer and was told I'd be put through to a claims line. Claims line is one of those automated things... guess what.. no option relevant to me. Not even an operator :? :x

    Will phone that solicitor I spoke to some time this week...
  • ChrisLS
    ChrisLS Posts: 2,749
    ...spen is right, you must get yourself a solicitor. I had Russell Jones and Walker represent me for personell injury.
    ...all the way...'til the wheels fall off and burn...
  • redvee
    redvee Posts: 11,922
    cougie wrote:
    I'd have gone with a solicitor in the first place to be honest - someone like Alyson France at Bikeline - she's handled cases for a couple of my riding pals. Did you get photograpsh of your injuries and damage and everything ?

    +1 for Alyson France and her team, her ad was the first I phoned when I came off 2nd best to a car 5 years ago.
    I've added a signature to prove it is still possible.
  • ansbaradigeidfran
    ansbaradigeidfran Posts: 526
    ChrisLS wrote:
    ...spen is right, you must get yourself a solicitor. I had Russell Jones and Walker represent me for personell injury.
    Personell injury? Did you get done for corporate manslaughter? </smartass>
  • iain_j
    iain_j Posts: 1,941
    I used Fetch a couple of years ago and they sorted out my personal injury claim, repairs to my bike (had to be done by a LBS in the Fetch scheme - mine is) and replacement clothing. Very good they were too.

Categories