Crash (Part 2)

Headhuunter
Headhuunter Posts: 6,494
edited December 2009 in Commuting chat
OK, so following my smash last Thu, I seem to be healing nicely. Am back in the office today having taken the bus in (what a nightmare). Will be on the bus for the rest of the week whilst my bruised hip recovers (going a nice shade of purple now) and until the stitches are removed from my shin.

The question is how to proceed in terms of compensation for the bike and injury etc. My bike was a 2nd hand Apollo (I posted pics of it here a while back) with upgraded wheels (2nd hand Mavic Open CD 4 or something like that). I suppose the bike would have only been about £200 new and the wheels - dunno, about anoth £50 or so?

However then there's the cost of taxis to A&E and back (£10) cost of bus to and from work all this week and perhaps into next, before I can back on the bike etc and this doesn't include anything for personal injury or my destroyed rucksack, helmet and ripped tights.

The driver sort of said that he would give me a couple of hundred quid to settle it off insurance. I tried to ask for £450. Question is do I try to get him to stump up say, £250 and leave it at that, or go through the long rigmarole of claiming through his insurance and perhaps including personal injury costs etc, and if I claim for personal injury, how much do I claim?

Anyone got any experience of this?
Do not write below this line. Office use only.
«1

Comments

  • sicknote
    sicknote Posts: 901
    I would say go through his insurance and let them deal with it.

    As you would lose out because of him, not on as far as I am concerned.

    If it was a car he hit, they would replace new for old, so why should not get the same.

    Hope you got well soon and back on the road.
  • Enough to know that the driver can't afford to settle off insurance.

    Okay, add up the cost of a NEW bike, all your clothes etc. The wheels would have been about £100 if they were open pro rims. Add to that a fortnight's travel costs. You over £400 yet?

    You also have a permanent scar and a not insubstantial amount of other physical damage. If the guy had injured, for example, a child crossing the road to the same extent this would be a big deal. The fact that you are a stoic old git is not relevant.

    You also may incur further costs you aren't aware of yet, associated with that bruising.

    Reimbursing and compensating you is what insurance is for. If he's a young kid driving around like an idiot and his insurance premium is going to trebble, that's a shame for him, but unfortunately entirely of his own doing and not your concern.
  • spen666
    spen666 Posts: 17,709
    Firstly, if other party is to blame- then you are doing yourself out of lots of money asking for £450..

    Instruce a lawyer- try Russell Jones & Walker or Bikeline- you have a claim for personal injuries as well as the damage to bike, and all out of pocket expenses.

    The solicitors will do case on a no win no fee basis.

    don't undersell yourself. You could be looking at a grand or two for your PI alone
    Want to know the Spen666 behind the posts?
    Then read MY BLOG @ http://www.pebennett.com

    Twittering @spen_666
  • fossyant
    fossyant Posts: 2,549
    As others have said, you might feel it's a hassle now, but add up what damage may be done to you....

    I'm coming up to 12 months since my accident, hit by car and my shoulder took the full force - didn't dislocate, or break anything, but I've been in pain with it for 12 months, and as the weather has got cold, it's got worse..... I get to see the 'independant' consultant this week to assess for PI.

    I thought I'd got away lightly with mine, but the pain really started after a couple of weeks. £2k of private physio has got it as good as it will be.

    So, get yourself a solicitor, and get a quote from a bike shop for replacement bike and kit.
  • Check your other insurances to see if you have "legal expenses cover".
    I do -with Direct Line household insurance.

    I had a similar smash in September, and it started modest then got sorer and sorer.

    Write EVERYTHING down.
    Any incremental costs can be reclaimed - taxis, commute costs (if you normally cycle) etc.
    Be aware that their insurance co will try and reduce for "reasonable wear and tear". Starting with a decent replacement quote for NEW kit would be a good position to negotiate.
    Also be aware that the injury side of payment / claim will absolutely dwarf the claim for bike and damaged clothing.

    Go through his insurers- whether he chooses to settle himself is a separate matter. He IS insured, isn't he? ...
    Commute: Langster -Singlecross - Brompton S2-LX

    Road: 95 Trek 5500 -Look 695 Aerolight eTap - Boardman TTe eTap

    Offroad: Pace RC200 - Dawes Kickback 2 tandem - Tricross - Boardman CXR9.8 - Ridley x-fire
  • And, just in case, use some of the compo to join CTC where, I gather from the experience of friends, free use of cycling incident experienced solicitors usually results in a satisfactory outcome.
  • BentMikey
    BentMikey Posts: 4,895
    Definitely go the lawyer route for that much money. Think also that he needs the consequences of raised insurance premiums to further bring home the lesson of his mistake.
  • In my view - take the cash and call it a day. Dealing with insurance companies, doctors and lawyers for months ahead will crush your soul. Alright so you might get a bit more cash but is it really worth it?
    <a>road</a>
  • sicknote
    sicknote Posts: 901
    In my view - take the cash and call it a day. Dealing with insurance companies, doctors and lawyers for months ahead will crush your soul. Alright so you might get a bit more cash but is it really worth it?

    He might not think that way if he has problems later on.
  • spen666
    spen666 Posts: 17,709
    In my view - take the cash and call it a day. Dealing with insurance companies, doctors and lawyers for months ahead will crush your soul. Alright so you might get a bit more cash but is it really worth it?

    Yes- and its likely to be a couple of thoudsand pounds more.

    Instruct a solicitor to act on your behalf and the matter is painless.

    £250 accepted and then find out you've got arthritis or need a hip replacement in the future and not able to claim compensation? Not very clever approach
    Want to know the Spen666 behind the posts?
    Then read MY BLOG @ http://www.pebennett.com

    Twittering @spen_666
  • Agree with the insurance route.

    He may have done it before, may have been driving without insurance (or a licence) and I agree that you never know how any injury may manifest itself in the coming months.

    Play safe and go formal.
    Specialized Roubaix Pro SL : Litespeed Titanium Siena : Specialized Allez : Specialized Tri Cross :
    Specialized Rockhopper
  • spen666 wrote:
    In my view - take the cash and call it a day. Dealing with insurance companies, doctors and lawyers for months ahead will crush your soul. Alright so you might get a bit more cash but is it really worth it?

    Yes- and its likely to be a couple of thoudsand pounds more.

    Instruct a solicitor to act on your behalf and the matter is painless.

    £250 accepted and then find out you've got arthritis or need a hip replacement in the future and not able to claim compensation? Not very clever approach

    If I had arthritis or a hip replacement I am not sure £2k would make me feel any better.

    A friend of mine was knocked off and had a bad back for years, she was in quite a lot of pain. Her court case dragged on for years with a great degree of stress and the whole thing depressed her signficantly. She ended up with £5k but I am not sure she ever thought it was worth it.

    In my opinion, for a fairly minor impact such as this, piece of mind, drawing a line under an incident and moving on are more important than trying to screw an insurance company through the courts. Your mileage may vary.
    <a>road</a>
  • bigmat
    bigmat Posts: 5,134
    Its not "screwing" an insurance company. The legal system is in place to ensure that justice is done for all. It doesn't always work out that way, but in this sort of situation there's a pretty good chance that a claim against the driver will result in headhuunter getting compensated for the damage to his bike / gear and for any injuries he has suffered. Bearing in mind that those injuries might include currently undetected long term issues, I don't think accepting £250 and chalking it down as bad luck is great advice really.
  • There is something to be said for the low stress, draw a line under it approach, but honestly, this kid won't be able to afford it. It was a Ford Escort, right? Unless its a limited edition something or other, the costs are already more than the value of his car.

    What obligation will he have to cough up? Is there a contract? How do you go after him if it doesn't turn out well?

    Its bonkers not to do this formally.

    PS: Define "minor" - 2 hospital trips, inability to cycle for several weeks and stitches.... if you have that happen to you, I don't think you'd regard it as a trivial shopping trolley/car door type event.
  • Well personally I would feel a fraud and wasting peoples time trying to chase thousands of pounds when I knew I was not seriously injured and the driver had offered to pay for my damaged equipment. If you are telling me a day off work, 2 taxi rides, some bruising and a few stitches are worth £2000 compensation then that is way over the top in my opinion.
    <a>road</a>
  • spen666
    spen666 Posts: 17,709
    Well personally I would feel a fraud and wasting peoples time trying to chase thousands of pounds when I knew I was not seriously injured and the driver had offered to pay for my damaged equipment. If you are telling me a day off work, 2 taxi rides, some bruising and a few stitches are worth £2000 compensation then that is way over the top in my opinion.

    There is nothing fraudulent about claiming that which under the law you are entitled to.

    do you only accept a fraction of your contractual wages because you feel a fraud?

    No body is suggesting that OP falsifies a claim or exagerates his injuries, just that he claims what he is entitled to by law.
    Want to know the Spen666 behind the posts?
    Then read MY BLOG @ http://www.pebennett.com

    Twittering @spen_666
  • ha fair point Spen re. the wages

    I realise I have a minority view on this, but it seems wrong to me that a few bumps and bruises get you £2k. I realise this is what the law says though, so fair enough maybe the OP should go for it. Personally I don't think I would. Maybe I am an idiot.
    <a>road</a>
  • El_Pres - if it happens to you, you can do the right thing then.

    Plainly, you are wrong. For starters, I back of the enveloped about £400 just in property damage (that's assuming there wasn't a damaged watch or anything like that). To that add already about £50 travel costs, with no indication that the injuries are so minor as to keep that down to two days (for starters, the guy doesn't have a bike, remember). So lets add £100 total. After all, a trip will be required to remove the stitches - or would you simply save society the cost and take the detol/tweesers approach?

    Okay, we are up to £500. Then there's possible physio. This might not be required. But then again, it might. Are you so wwell heeled that half a dozen appointments at £80 a pop would go unnoticed?

    The kid seems to have indicated that £450 was too much already.

    If your position was arguing that insurance/no solicitor was proportionate, instead of insurance + solicitor (in order to maximise payout), I'd have more time for it, but you are advocating, in all likelihood, that someone should foresake several hundred pounds in EXPENSES before you even get to compensation.

    I can only say that I strongly disagree.
  • Ohhh fair enough, I am probably an idiot.
    <a>road</a>
  • cougie
    cougie Posts: 22,512
    If the kid had hit a car - then the bills are huuuge. He's getting off lightly.

    My wifes car was written off in a head on - she had to have a car for her work so one was rented for her - bloody rip off daily rate on it - I'd not have paid that much for it if I'd done it privately - so why do insurance companies have to pay stupid rates ?
  • Headhuunter
    Headhuunter Posts: 6,494
    Thanks for all your responses. I think I will go the formal route. A few people have mentioned expenses up the line that I hadn't really considered. It feels like I am healing but what if I am left with niggling hip problems and the need for physio etc? Also as I mentioned what he is offering barely covers the cost of the bike let along taxis, travel to work by public transport, my rucksack, helmet, ripped clothing and that's even before mention of personal injury. I've spoken to the sols who work with CTC and they're supposed to be calling me back to talk it through.

    BTW the driver wasn't a kid, I didn't see him as I was too busy lying on the tarmac being tended to by paramedics, but by all accounts he was in his mid to late 40s and he is insured. Have got his insurance details.
    Do not write below this line. Office use only.
  • sicknote
    sicknote Posts: 901
    Thanks for all your responses. I think I will go the formal route. A few people have mentioned expenses up the line that I hadn't really considered. It feels like I am healing but what if I am left with niggling hip problems and the need for physio etc? Also as I mentioned what he is offering barely covers the cost of the bike let along taxis, travel to work by public transport, my rucksack, helmet, ripped clothing and that's even before mention of personal injury. I've spoken to the sols who work with CTC and they're supposed to be calling me back to talk it through.

    BTW the driver wasn't a kid, I didn't see him as I was too busy lying on the tarmac being tended to by paramedics, but by all accounts he was in his mid to late 40s and he is insured. Have got his insurance details.

    Would like to see the look on his face when he gets the letter about one :shock: :)
  • A guy at work got hit by a Supermarket delivery van a few years back. He decided against the solicitors and dealt with them. He settled for about £600, which, they claimed was the most they could go up to without going to court. He figured that was enough to replace the bike, etc. And he didn't feel too badly injured at the time.

    He's been going to the chiropractor almost weekly since, though. Pretty bad spinal problems even to this day. Must have cost him a fortune.
  • Cafewanda
    Cafewanda Posts: 2,788
    The fact that you are a stoic old git is not relevant.


    Charming! :lol:
  • Headhuunter
    Headhuunter Posts: 6,494
    Cafewanda wrote:
    The fact that you are a stoic old git is not relevant.


    Charming! :lol:

    Stoic may be but I'm still in my 30s, late 30s admittedly. Does that count as old?
    Do not write below this line. Office use only.
  • Stoic may be but I'm still in my 30s, late 30s admittedly. Does that count as old?

    Did it when you were young? :twisted:
  • Headhuunter
    Headhuunter Posts: 6,494
    Stoic may be but I'm still in my 30s, late 30s admittedly. Does that count as old?

    Did it when you were young? :twisted:

    When I was young? I still am young! 8)
    Do not write below this line. Office use only.
  • Stoic may be but I'm still in my 30s, late 30s admittedly. Does that count as old?

    Did it when you were young? :twisted:

    When I was young? I still am young! 8)
    Would a young person think you were young?

    (Note, I'm mid-30's, so I speak from a position of sad dawning realisation....)
  • gabriel959
    gabriel959 Posts: 4,227
    I am still young, the other day went to the cinema with the wife and when coming out, there was a group of 15 year old girls and one of them gave me a filthy look.

    I am "only" 28 mind :)
    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
  • Headhuunter
    Headhuunter Posts: 6,494
    Stoic may be but I'm still in my 30s, late 30s admittedly. Does that count as old?

    Did it when you were young? :twisted:

    When I was young? I still am young! 8)
    Would a young person think you were young?

    (Note, I'm mid-30's, so I speak from a position of sad dawning realisation....)

    I am young and yes I think I'm young....! Depends on what you think of as a "young person". If I answer yes to your question that a young person would think I was young then I have immediately differentiated myself from said "young person" and there am not young?.... If you catch my drift! Catch 22.

    Nah, but in all seriousness, I suppose I am entering middle age now... OMG...
    Do not write below this line. Office use only.