I was Hit By A Van This Morning, Help Need !

always_tyred

El Diego wrote:

Your debate is getting really really boring.

Dear Points of View,
I have just watched all 12 hours of the BBC's coverage of T in the Park. Not once did anyone play any music that I liked. What has the BBC come to?
Disgusted, of Sheffield.

neiltb

to the OP,

hope you get back on a bike sooner rather than later, I'm sure their insurers will sort you out.

To our ameteur lawyer friends, I have 2 words for you. whore, post.

El Diego

Always Tyred wrote:

El Diego wrote:

Your debate is getting really really boring.

Dear Points of View,
I have just watched all 12 hours of the BBC's coverage of T in the Park. Not once did anyone play any music that I liked. What has the BBC come to?
Disgusted, of Sheffield.

Very good.

londonbairn

Anyway away from the debate, hope you get better

Let us know what path you take. The standard issue answer here is always to go to solictor/CTC etc, interested to hear your experience if you go to their insurer (and others for that matter, as I just did)

Sewinman

Get well soon.

spen666

Always Tyred wrote:

spen666 wrote:

no matter how you try to spin it, you are simply supporting the fact that you cannot recover the equivalent of car hire if you did not have a car before.

You would be certain to lose on that head of damages in a court.

Oh, so you've backtracked on the interpretation of the term "equivalent of" and you are now contending that the mode of transport is the determining factor, and that the end result is irrelevant.

Erm I've not back tracked on anything.

My point is the same now as it was when I first raised it.


You cannot in law claim for the equivalent of car hire when your original transport mode was a bike.

The damages are to put you in the position you were in if the accident had not taken place.

You can as I have repeatedly said claim the equivalent of bike hire. If in the circumstances that is the cost of hiring a car, then you can claim it.

That is a tottally different proposition in law from saying you can recover the equivalent of car hire.

I've proposed a scenario, not far fetched, in which the only replacement mode of transport which placed the claimant in a similar position during their recovery, is car rental. A taxi is more expensive and a bus in unavailable. You are therefore arguing that as a result of the injuries sustained, preventing costs of the equivalent transport from placing them in the position they would have been (i.e. the claimant can't cycle to work and has to take another form of transport to work) they are, in fact, not entitled to claim anything. I am of course assuming that the claimant would not be able to recover costs for a bicycle that had not been rented. This would be inequitable and would suggest, for example, that if you are going to knock someone off their bicycle, you would be best to injure them slightly while you are at it, so as to reduce damages.

You are just being are just being stubborn.

Erm This last point you seem to raise is not something I have ever said. In fact I have repeatedly said the opposite that the cost of car hire may be recoverable. It is however a different proposition to claim to be able to recover the equivalent of car hire. That is something different in law.

Clearly you have not appreciated the difference in what is and is not recoverable and more importantly the basis of the determining of compensation in law.

There is a million miles in law between :
1.recovering "the cost of car hire" which is aan amount supported by an invoice (usually) for the actually cost of car hire.
2. Recovering something equivalent to the cost of car hire

always_tyred

Its like Call my Bluff! Tagging "in law" on to the end of something does not impute some mystical meaning to a given term that only lawyers would understand. However it can be a useful trick in pretending that tehre is some underlying subtlety that has escape your mere clients.

That said, I'm really impressed at how you've admitted that the guy who proposed that you might be able to recover the cost of renting a car is actually correct, despite you contradicting him on numerous occasions, without going so far as admitting that you are wrong. Its like the 10% tax rate thing all over again.

spen666

Always Tyred wrote:

Its like Call my Bluff! Tagging "in law" on to the end of something does not impute some mystical meaning to a given term that only lawyers would understand. However it can be a useful trick in pretending that tehre is some underlying subtlety that has escape your mere clients.

That said, I'm really impressed at how you've admitted that the guy who proposed that you might be able to recover the cost of renting a car is actually correct, despite you contradicting him on numerous occasions, without going so far as admitting that you are wrong. Its like the 10% tax rate thing all over again.

I have repeatedly said that the costs of car hire MAY be recoverable

The cost of the "equivalent of car hire" are not recoverable. How many times do I have to repeat the same thing

The reason I referred to the meaning "in law" is because it can differ from in everyday language.

Eg Dangerous driving to the lay person is very different from the legal definition of dangerous driving

gb155

Afternoon al, Just wanted again to say thanks for all your support and well wishing, I passed out this morning, so while I am a long way off being ok I am now fighting back, not sure how I will proceed but its going to be a while before I can ride and I wont be riding that cube again for sure.

Im not gonna stick around and join the law debate, my head REALLY isnt up for it, so do enjoy boys !


Thanks again everyone

rjsterry

spen666 wrote:

Always Tyred wrote:

Its like Call my Bluff! Tagging "in law" on to the end of something does not impute some mystical meaning to a given term that only lawyers would understand. However it can be a useful trick in pretending that tehre is some underlying subtlety that has escape your mere clients.

That said, I'm really impressed at how you've admitted that the guy who proposed that you might be able to recover the cost of renting a car is actually correct, despite you contradicting him on numerous occasions, without going so far as admitting that you are wrong. Its like the 10% tax rate thing all over again.

I have repeatedly said that the costs of car hire MAY be recoverable

The cost of the "equivalent of car hire" are not recoverable. How many times do I have to repeat the same thing

The reason I referred to the meaning "in law" is because it can differ from in everyday language.

Eg Dangerous driving to the lay person is very different from the legal definition of dangerous driving

I think the word was used in it's broader sense - i.e. the cyclist's equivalent of a hire car to replace a damaged car would be cycle hire, rather than the equivalent cost of hiring a car. Mind you, what would you argue about then?

gb155

I'm bored , i'll roll with this.

I cant cycle, no bike, not able to with my injurys

I cant walk to the bus stop, due to injurys

I cant drive

Can I therefore claim taxi costs to get to and from work ?

londonbairn

gb155 wrote:

I'm boared , i'll roll with this.

I cant cycle, no bike, not able to with my injurys

I cant walk to the bus stop, due to injurys

I cant drive

Can I therefore claim taxi costs to get to and from work ?

Yes I think so, when I claimed off the driver's insurance recently they paid for the fares I had to pay for travelcards, and even covered the car parking charge/congestion charge my g/f had to pay to see me.

what route are you taking? did you try calling the driver's insurance

gb155

londonbairn wrote:

gb155 wrote:

I'm boared , i'll roll with this.

I cant cycle, no bike, not able to with my injurys

I cant walk to the bus stop, due to injurys

I cant drive

Can I therefore claim taxi costs to get to and from work ?

Yes I think so, when I claimed off the driver's insurance recently they paid for the fares I had to pay for travelcards, and even covered the car parking charge/congestion charge my g/f had to pay to see me.

what route are you taking? did you try calling the driver's insurance

I dont have it, the police took all the details, I was on a spnal board so didnt speak to the driver. So will have to go down the legal route.

suzyb

gb155 wrote:

I'm boared , i'll roll with this.

I cant cycle, no bike, not able to with my injurys

I cant walk to the bus stop, due to injurys

I cant drive

Can I therefore claim taxi costs to get to and from work ?

Dude should you even be working if you're passing out.

And if not, can you claim for lost earnings.

gb155

suzyb wrote:

gb155 wrote:

I'm boared , i'll roll with this.

I cant cycle, no bike, not able to with my injurys

I cant walk to the bus stop, due to injurys

I cant drive

Can I therefore claim taxi costs to get to and from work ?

Dude should you even be working if you're passing out.

And if not, can you claim for lost earnings.

Im not at work right now, wont be til at least next week, I wont lose anything tho as I get paid full pay.

tailwindhome

gb155 wrote:

Im not gonna stick around and join the law debate, my head REALLY isnt up for it, so do enjoy boys !

What?

You mean it's not helping?

always_tyred

londonbairn wrote:

gb155 wrote:

I'm boared , i'll roll with this.

I cant cycle, no bike, not able to with my injurys

I cant walk to the bus stop, due to injurys

I cant drive

Can I therefore claim taxi costs to get to and from work ?

Yes I think so, when I claimed off the driver's insurance recently they paid for the fares I had to pay for travelcards, and even covered the car parking charge/congestion charge my g/f had to pay to see me.

what route are you taking? did you try calling the driver's insurance

BUT.... this is an internet forum and none of us actually know enough. Part of my "fun" is to drill holes through purported certainty.

So before you spend any money on taxis, take legal advice so you get a sense of what you should reasonably do in your particular circumstances, in order that you can take an informed decision.

Firms like RJW do this all the time so why not just pick up the phone for an initial discussion tomorrow? You don't have to comit to anything.

londonbairn

gb155 wrote:

londonbairn wrote:

gb155 wrote:

I'm boared , i'll roll with this.

I cant cycle, no bike, not able to with my injurys

I cant walk to the bus stop, due to injurys

I cant drive

Can I therefore claim taxi costs to get to and from work ?

Yes I think so, when I claimed off the driver's insurance recently they paid for the fares I had to pay for travelcards, and even covered the car parking charge/congestion charge my g/f had to pay to see me.

what route are you taking? did you try calling the driver's insurance

I dont have it, the police took all the details, I was on a spnal board so didnt speak to the driver. So will have to go down the legal route.

Police should have given you some details. When I was in the back of the ambulance, they gave me a piece of paper with her name, address, reg and insurance company. I phoned their claims line, logged a claim then it all kicked off.

gb155

londonbairn wrote:

gb155 wrote:

londonbairn wrote:

gb155 wrote:

I'm boared , i'll roll with this.

I cant cycle, no bike, not able to with my injurys

I cant walk to the bus stop, due to injurys

I cant drive

Can I therefore claim taxi costs to get to and from work ?

Yes I think so, when I claimed off the driver's insurance recently they paid for the fares I had to pay for travelcards, and even covered the car parking charge/congestion charge my g/f had to pay to see me.

what route are you taking? did you try calling the driver's insurance

I dont have it, the police took all the details, I was on a spnal board so didnt speak to the driver. So will have to go down the legal route.

Police should have given you some details. When I was in the back of the ambulance, they gave me a piece of paper with her name, address, reg and insurance company. I phoned their claims line, logged a claim then it all kicked off.

They gave me the log number, the PC dealing with it and the property ref number (as they took my bike away) but non of the drivers details.

The Rookie

spen666 wrote:

You cannot in law claim for the equivalent of car hire when your original transport mode was a bike.

Brilliant, repeating what I say, I never said he could did I, said the equivalent, NOT CAR HIRE but the EQUIVALENT, why not just admit you misread several times what said rather than keep dragging on when we agree he can't claim for car hire FFS?

Simon

lardboy

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spen666

The Beginner wrote:

spen666 wrote:

You cannot in law claim for the equivalent of car hire when your original transport mode was a bike.

Brilliant, repeating what I say, I never said he could did I, said the equivalent, NOT CAR HIRE but the EQUIVALENT, why not just admit you misread several times what said rather than keep dragging on when we agree he can't claim for car hire FFS?

Simon

you said he could claim the equivalent of car hire. I say he can't.

I have not misread anything

The Beginner

Joined: 30 Apr 2009
Posts: 1135
Location: Leamington Spa


Posted 20 Jul 2010 14:45
I would say the frame is scrap, the only repair will be a new frame.

Rideable like that? Probably, but get it inspected properly first, you can claim for the inspection off the WVM's insurer anyway as its part of getting you back on the road ASAP, otherwise you could hit him with the equivalent of car hire costs.

Simon

I am saying this is what you cannot claim for

rjsterry

Like I said, it comes down to the way you read the word equivalent.

...otherwise you could hit him with the equivalent of car hire costs.

Spen, you seem to be reading it as the equivalent cost of hiring a car.

The Beginner, you seem to have intended it as the cycling equivalent of car hire - i.e. bike hire perhaps.

The word equivalent is ambiguous in that context.

Don't let me stop either of you, though.[/quote]

spen666

rjsterry wrote:

Like I said, it comes down to the way you read the word equivalent.

...otherwise you could hit him with the equivalent of car hire costs.

Spen, you seem to be reading it as the equivalent cost of hiring a car.

The Beginner, you seem to have intended it as the cycling equivalent of car hire - i.e. bike hire perhaps.

The word equivalent is ambiguous in that context.

Don't let me stop either of you, though.

[/quote]

I am not reading it as the equivalent cost of hiring a car.

I am simply stating the wrong comparison is being used. When you did not have a car in the first place, you cannot claim the equivalent of it as damages as that is not putting you in the position you were in if the accident did not happen.

The cost of car hire may well be recoverable in the situation. That is not the same as the equivalent of car hire in the legal sense of the words.

However, it is rather irrelevant as the OP is not seeking to claim for car hire or the equivalent of car hire in any event

will3

This is fascinating.

OldSkoolKona

Really sorry to hear about your incident, read about it on the blog and just happy that there were witnesses who were able to go against the van drivers lies. Scary to think what would have happened if they hadn't been there.

Hope you feel better soon and take it easy for a while, some times there are underlying injuries that don't kick in straight away.

OSK

londonbairn

gb155 wrote:

londonbairn wrote:

gb155 wrote:

londonbairn wrote:

gb155 wrote:

I'm boared , i'll roll with this.

I cant cycle, no bike, not able to with my injurys

I cant walk to the bus stop, due to injurys

I cant drive

Can I therefore claim taxi costs to get to and from work ?

Yes I think so, when I claimed off the driver's insurance recently they paid for the fares I had to pay for travelcards, and even covered the car parking charge/congestion charge my g/f had to pay to see me.

what route are you taking? did you try calling the driver's insurance

I dont have it, the police took all the details, I was on a spnal board so didnt speak to the driver. So will have to go down the legal route.

Police should have given you some details. When I was in the back of the ambulance, they gave me a piece of paper with her name, address, reg and insurance company. I phoned their claims line, logged a claim then it all kicked off.

They gave me the log number, the PC dealing with it and the property ref number (as they took my bike away) but non of the drivers details.

I'd give the PC a call to get the details, then decide if you are going to go down the solictor or their insurance route.

Headhuunter

Having read your blog your accident sounds almost identical to mine last Nov. I was moving straight through a junction, I had the green light when some t*sser turned right across my path, he had been coming from the opposite direction. I was whisked away on a spinal board and in a neck brace too. Get onto Russell Jones and Walker. I've already had a new bike out of it as well as new clothing and helmet and am awaiting a final settlement from his insurers

spen666

londonbairn wrote:

....

I'd give the PC a call to get the details, then decide if you are going to go down the solictor or their insurance route.

The two routes are not exclusive

rjsterry

spen666 wrote:

I am not reading it as the equivalent cost of hiring a car.

I am simply stating the wrong comparison is being used. When you did not have a car in the first place, you cannot claim the equivalent of it as damages as that is not putting you in the position you were in if the accident did not happen.

The cost of car hire may well be recoverable in the situation. That is not the same as the equivalent of car hire in the legal sense of the words.

However, it is rather irrelevant as the OP is not seeking to claim for car hire or the equivalent of car hire in any event

Well we've never let irrelevance put us off before on this Forum. What you've said is pretty clear now, and fits with my (limited) understanding of claims relating to construction contracts. So saying "if someone wrote my car off, I'd be able to claim for a hire car, so the equivalent for a cyclist is..." is the wrong way to look at it, even though it might result in the same answer. I'm sure I've still missed something.

Anyway, with all this arguing over the meaning of equivalent, I've rather shamefully not actually wished gb155 a speedy recovery, so get well soon, and hope the consequent legal stuff isn't too drawn out.