Road Traffic 'Incident': a follow-up.

unclemalc

Early Feb I was wing-mirrored by an elderly lady in a big car. I came off at 15-20mph in the path of (fortunately) road-aware motorists and avoided a crushing. I did however suffer cracked ribs and assorted bruising and abrasions. (Yes - it does take 6 weeks to heal properly..)
Bizarrely, the bike and clothing were essentially undamaged.
She admitted responsibility but the Police did not wish to pursue the matter. I did, having spent another fun 2 hours in A&E and so after a brief letter, a reply and a telephone call, I am to receive 'compensation' for personal damage.
I argued that it was all well and good being able to make a monetary claim for equipment, based upon receipts: what about a similar value based upon personal pain and inconvenience. How much was Lady Luck worth??

So, if something similar happens to you, contact their car insurance broker amicably and see what happens.
At the very least, there is a chance that next time the perp wants insurance, their premium may be prohibitively higher than before.

STEFANOS4784

At least you're feeling a bit better now , just in time for the rain

How much did you get out of the biddy then?

Mettan

Glad its sorting itself out Malc - all the best 8)

cougie

I'd have gone to a bike friendly solicitor to be honest. They would know what the 'going rate' is for your injuries - and you'll get more for that than you would for just a scratched bike.

Glad you're happy with the outcome and you're better now.

mm1

Similar imcident happened to me in November, clear straight road plenty of room to overtake but got mirrored by a florist who was running late for work (obviously in a hurry to make up a wreath for the last cyclist she encountered). Torn 3/4 shorts, cut and bruised. Being handled by BC lawyers, driver has just admitted liability, so hope to settle with her insurers soon - will update then. Not a word from plod or CPS and no sign of an apology. BC lawyers seem to be very good.

unclemalc

mm1 wrote:

(obviously in a hurry to make up a wreath for the last cyclist she encountered).

LOL!

I bartered and got £750, which was more than I was expecting, bearing in mind I have no expense claims or after effects.
I wish I had done this a couple of years back when the old perp who had me off then got a written police warning. That fracas cost me a twisted hip and a couple of months on a stick....
You live and learn, or as someone on the forum signs off "at any rate you live "(or is it learn...?).

dag_on_a_bike

What were your injuries again?

I can give you a fair guestimate on value - believe me insurance companies will do you no favours and are not usually generous.

cougie

My mate got a grand for really minor abrasions - and that was about ten years back !

dag_on_a_bike

Generally, the courts are actually awarding lower sums for minor injuries. An injury 'worth' £750 now may have been 'worth' £1500 5 years ago.

However, insurers are regularly disadvantaging injured parties by offering less than an injury might justify. I can (but wont) name at least 4 'big name' insurers who regularly undervalue injuries, often by as much as 50%. They don't care about you, only their profits.

fossyant

BC are handling a case for me too - got driven into when I was on a roundabout - car coming from side road, straight into me. Third party has admitted liability, but any compensation may be some time off as I recon I'll need an op to sort out damage to my shoulder - still painful after 3 months, despite twice weekly physio.

dilemna

fossyant wrote:

BC are handling a case for me too - got driven into when I was on a roundabout - car coming from side road, straight into me. Third party has admitted liability, but any compensation may be some time off as I recon I'll need an op to sort out damage to my shoulder - still painful after 3 months, despite twice weekly physio.

I had something very similar happen to me on a roundabout in 1999 while riding home from work. On this occasion there were loads of witnesses as it was rush hour, the police and ambulance turned up, I went to hospital, the driver was reported for careless driving, convicted, fined a tiny amount and 3 points added to his licence (at least he had one and insurance). As the AA bloke said of me "He was lit up like a fecking Xmas tree and he still hit him.” The conviction for careless driving should have been reckless really, but no mind, as this in law is clear indication of negligence so his insurers couldn't do anything but admit liability. Then passed a period of about 4 years where the solicitors I chose out the back of a cycling mag argued with the defendant insurers over what my injuries - left side, hip, elbow, knee and hand would cost them. In the end I got just over £20k which included repairs to my training bike which at the time was a Condor Baracchi 853 team bike. The rear triangle and wheel were a bit bent as well as the left corner of the bars and Ergo lever. I still suffer a bit of ache in my hip when cold and damp, and from time to time it seizes up and I need a massage. I spent two nights in hospital and three weeks off work.

Get a good solicitor preferably one that does not rack up their costs because although they cannot take payment for their costs from your damages the insurer will have a total figure that your claim is worth, including legal fees, so you can see the more the solicitor can ring out of them the less for you. You only have to look to those dodgy lawyers at Beresfords who swindled the miners out of most of their compensation and were struck off. My solicitor’s costs paid by the defendant insurer were £17,400, and yet my damages were just under £20k!! Legalised theft in my mind. But after 4 years fighting I had had enough and just wanted closure.

Shop around for a solicitor. Don’t just sign up with the first one. Make sure they are specialists in dealing in personal injury work not just ambulance chasers. Keep a record of every single receipt or payment that you have made as a result of your injuries or damage to property and minute every single conversation with the solicitor or other parties while your case runs presuming of course you are luckily not so seriously injured that you can do so. Also always take pics. Those of my injuries proved very useful as well as those of the scene as the defendant insurers were 200 miles away and I don't think ever went to the roundabout where the driver drove into me.

When my hip and lower back hurts and I get twinges and pain down my left leg I reflect and just wish that I had not been on that roundabout at that time. No amount of money can repair the damage done to me.

fossyant

I'm using BC's solicitors who have been spot on, and at least the third party's insurers are covering out of pocket costs - the bike survived other than a few scratches/chunks missing (was using my MTB) but it was my shoulder that took the brunt of it - I'm racking up nearly £80 per week in physio and it's more 'pain control' than tacking the issues. I'm off to a specialist next week - so we'll see what they recommend...

I was lucky I didn't dislocate the shoulder, or do some of the more serious injuries (snapped tendons etc....) but the Physio recons surgery

I took photos of the accident scene, of the bike damage, but my injuries were 'internal' - very little gravel rash (winter - wet and lots of kit on) and just a bit of bruising (I don't bruise easily).. As soon as the photo's went in of the scene, and how well I was lit up....the third party's insurers said'not contesting liability'.