Anyone ever made a claim?

noodleman
noodleman Posts: 852
edited March 2011 in Commuting general
Hi all. I recently had a collision with a kid on another bike, where he rode straight into the middle of the road from a field, resulting in multiple injuries for myself including a broken cheekbone and nerve damage to my face and teeth.
A witness said it was completely the boys fault. I have also damaged most of my clothing plus the forks of the bike and possibly the frame bringing the potential losses to myself to over £5000.
It's been suggested that I try for a personal injury claim. Has anyone on the forum had a similar experience or any knowledge of my chances of success? Cheers
argon 18 e116 2013 Vision Metron 80
Bianchi Oltre XR Sram Red E-tap, Fulcrum racing speed xlr
De Rosa SK pininfarina disc
S Works Tarmac e-tap 2017
Rose pro sl disc

Comments

  • shouldbeinbed
    shouldbeinbed Posts: 2,660
    for the physical damage I'd suggest £5k all in might not be enough.

    a hefty car v car accident 13 years ago got me £5k for the 'whiplash'. I'm still paying now to keep the pain down to a minimum and my neck moving. I've spent well over £5k and will be paying for life. Get yourself a proper medical assessment and ask about rehabilitation and ongoing recovery, make sure you don't end up (too far) out of pocket if its a long term injury and you need non NHS services.
    though who you'd sue I'm not sure - their home isurance ? though I bet the company'd argue long and hard he's not covered by any public/personal liability cover as he's not the policyholder/named on it, if they've got no or limited liability, they may well argue you'll have to pay up / claim on your own insurance for everything and sue the family personally for damages.

    I doubt it'll be straightforward unless you're very lucky with them
  • Berk Bonebonce
    Berk Bonebonce Posts: 1,245
    Speak to a lawyer who deals with Personal Injury Claims asap. If you contact the CTC or British Cycling, they might be able to recommend to you a law firm that has a track record of dealing with injured cyclists, even though you are not a member.

    Okay, kid on a bike who's fault it was would have no insurance. However, experienced lawyer will look at other aspects of the accident, like for example, should the Council have installed adequuate exit barriers on the park to stop kids riding straight out into the road.

    Do not fanny around on website getting the opinions of what might be poorly informed but well meaning individuals. Get some proper advice.
  • Moodyman
    Moodyman Posts: 158
    Whilst you have a right to claim, I'd be expected a long battle if claiming from a child's parents and then getting any sucessful award paid.

    There are all sorts of perceptions that you have to overcome when dealing with kids - i.e. whether they are life-experienced enough to have the same responsibility as an adult.
  • noodleman
    noodleman Posts: 852
    Cheers for the advice chaps. Phoning a solicitor tomorrow.
    argon 18 e116 2013 Vision Metron 80
    Bianchi Oltre XR Sram Red E-tap, Fulcrum racing speed xlr
    De Rosa SK pininfarina disc
    S Works Tarmac e-tap 2017
    Rose pro sl disc
  • The Rookie
    The Rookie Posts: 27,812
    If the boys riding was criminal (age?) then the criminal injuries compensation board is one avenue.

    I suspect that trying to get money from the kid will be a dead end street, why should his parents pay if they have no incentive to (and they won't have one), he will probably not be able to afford anything/much.

    Simon
    Currently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.