Rider Down - Welwyn Garden City - ME! Advice requested

richred_uk

OK - without going into tedious details, I was wiped out by a 'suspected' drink driver last week and have finally made it to the pediatric ward of the hospital after spending 4 days in Intensive care, and am awaiting a meeting with the plastic surgery department to sort out various scarring.

Firstly - god damn we have a good health service and police force when the chips are down.

Secondly - if my aim were to achieve a good level (without trying to take the piss) of compensation for my rather scary accident in order to replace my totalled bike, compensate my wife for having to answer the door to police warning her that I might die, and compensate me for being in a position where the fact that I didn't die was down to some truly good luck and high levels of medical skill, who would you guys suggest talking to?

I'm based in Herts/ N London if that makes much difference to who you would recommend. I'm in no unseemly rush, but would like to chat to some people soonish so I can decide who 'feels right' and get the appropriate steps in place earlier rather than later.

Cheers for anyone who can give feedback.

mike23864

What are you doing on a paediatric ward? Surely you mean orthopaedic?

deptfordmarmoset

There'll be experts along in a wee while with legal advice, but till then, it sounds like you have just had a really nasty ''accident.'' The very best of luck with the surgery and your recovery. I hope there's a good new bike in it for you.

richred_uk

mike23864 wrote:

What are you doing on a paediatric ward? Surely you mean orthopaedic?

:P yes you are completely right and I am in no way trying to show lasting mental damage to boost the value of any claim!

Kieran_Burns

richred_uk wrote:

mike23864 wrote:

What are you doing on a paediatric ward? Surely you mean orthopaedic?

:P yes you are completely right and I am in no way trying to show lasting mental damage to boost the value of any claim!

Well - that would be childish wouldn't it?

richred_uk

deptfordmarmoset wrote:

There'll be experts along in a wee while with legal advice, but till then, it sounds like you have just had a really nasty ''accident.'' The very best of luck with the surgery and your recovery. I hope there's a good new bike in it for you.

Cheers - it's been interesting to say the least - I have absolutely no memory from the Monday night of the accident until the Thursday morning when I woke up under my own steam in Intensive care - the whole being intubated, ventilated, drip fed experience (including starting fights with medical staff and ripping my own tubes out) is very gladly not in my conscious mind at the moment - it's more of a weird story that I get to hear about myself!

As I currently understand it, I was hit from behind by a car doing about 45mph and I would guess I was doing around 20 mph knowing that stretch of road.

First.Aspect

Do you look better or worse than before?

---

Has the driver been identified? Is there a police report and any serious prospect of identifying the driver? If not, your best hope would be to try to claim compensation from a fund held by the motor insurer's bureau; I forget what its called. In fact, there are two - one for uninsured drivers, one for unidentified drivers. There are fairly restrictive guidelines for how, how much and for what you can claim, but most personal accident/injury lawyers will be able to fill you in. The CTC would be a good starting point. I believe that they recommend one or two firms. [EDIT: As I recall, the MIB fund for unidentified drivers would cover property damage only, not compensation for injuries - someone else might kno more]

If there is a little more to go on (i.e. if you have a very good chance of success in any civil action/settlement in respect of the accident) then you could also see if you have any legal cover through your house insurance. (That's what I'm doing).

Were you wearing a helmet? (ducks and runs)

richred_uk

First Aspect wrote:

Do you look better or worse than before?

---

Has the driver been identified? Is there a police report and any serious prospect of identifying the driver? If not, your best hope would be to try to claim compensation from a fund held by the motor insurer's bureau; I forget what its called. In fact, there are two - one for uninsured drivers, one for unidentified drivers. There are fairly restrictive guidelines for how, how much and for what you can claim, but most personal accident/injury lawyers will be able to fill you in. The CTC would be a good starting point. I believe that they recommend one or two firms. [EDIT: As I recall, the MIB fund for unidentified drivers would cover property damage only, not compensation for injuries - someone else might kno more]

If there is a little more to go on (i.e. if you have a very good chance of success in any civil action/settlement in respect of the accident) then you could also see if you have any legal cover through your house insurance. (That's what I'm doing).

Were you wearing a helmet? (ducks and runs)

Will let you know on looks after the plastic surgery - right now I have rather visible scarring and scabbing quite prominently on my face, arms and legs.

Driver identified and I am led to believe pretty much cast iron admitting to being the driver although possibly not the refreshment, so that should be a situation of lawyer speaking unto insurance company. Will check out the house insurance option, could be a help.

And, yes, I wore a helmet, and am pretty much as convinced as I could be that not wearing it would mean I was not in a position to type right now.

bails87

Get well soon and good to hear you're relatively ok, given what you said might have happened.

Russell Jones and Walker usually get good feedback, they're used by the CTC.

Wrath Rob

Wow and ow. No further advice from me but I hope you mend soon

cjcp

Glad you're ok/not dead!

There's a sticky in Commuting General with advice. Have a browse through that.

Also, don't disclose any details on here which may be harmful to your case; discuss those with your solicitor. On that note, RJW always get a mention. Do you have BC insurance?

I mentioned some things to do in the thread re Wrath Rob's off last week-ish.

unixnerd

Firstly - god damn we have a good health service and police force when the chips are down.

Yes, we really do don't we. It's not until you talk to folk in other countries you realise just how good.

Hope you get well soon and back on the bike. I'm sure the compensation will allow you to afford a superb bike and you'll have plenty time to choose it.

dhope

Sounds potentially horrific, glad you're in a position to tell the tale :shock:

Aside from reading the sticky in these forums there may be a bit of extra help in the LFGSS one (aside from suggesting a beer and fag)
http://www.lfgss.com/thread4213.html

rjsterry

Ditto the one at the top of Commuting General. Sounds like you are lucky to be alive. Hope you get patched up soon.

Wallace1492

My condolonces!! At least you are able to type and seem to be recovering.... keep chin up... all the bits of it, and think of riding again!

davis

Ouch. Bad luck fella. I'd second the advice about not talking much about the specifics of the case, and give RJW a call, they are certainly professional.

FWIW, when I required their services, CTC did actually provide legal cover post-accident if I bought 5 year membership, which I did.

Best of luck on the recovery -- I hope you make a swift and complete recovery.

sketchley

Wow! Hit from behind at 45mph while doing 20 yourself, it's very lucky you are here at all. Get well soon.

If he is confirmed as a drunk driver take him and his insurance company for every single penny you can. Interestingly most car insurance policies have exclusions for drunk driving (i.e. you are not insured) but the road traffic act says the insurance company must pay out to third parties; so no worries for you there in terms of getting a payment and a new bike. It does mean he will be unable to be able to claim for damage to his car, even if fully comp, and also the insurance company is very likely to pursue him to cover the cost of any payment to you. By the sounds of things that is going to be quite high given your injuries so hopefully he's got some nice big assets that he'll loose as a result. No sympathy at all for the drunk driver even if he spends time in jail then looses his driving license, house, car, pension, job etc. because of it, that'll be one very expensive drink he'll not forget and hopefully won't do it again.

As for what to do next, if you have BC, CTC, LCC membership go to their web pages and speak to them as you'll have full legal cover. If not go here anyway http://www.ctc.org.uk/DesktopDefault.aspx?TabID=4461 and call the number

Get better soon, and keep us updated.

MonkeyMonster

thank feck you are still here typing away. hope you're feelin improved soon!

UndercoverElephant

richred_uk wrote:

mike23864 wrote:

What are you doing on a paediatric ward? Surely you mean orthopaedic?

:P yes you are completely right and I am in no way trying to show lasting mental damage to boost the value of any claim!

I was going to suggest you stop posting on the ninternets and ask the nice nurse to take you back to your bed. Glad you're (relatively) OK, get well soon.

davis

Oh, and forgot this: Please, whatever you do, start writing a diary. Write down everything you remember/notice, whenever you can. You may as well include painful/embarrassing stuff. If you don't write it down promptly, you'll forget stuff (painkillers will knock your memory sideways).

It's not just because it's useful for the compensation bobbins, it's something else to do, and it'll serve as an indicator of your recovery progress, which can help when you're feeling just a bit crap.

sketchley

davis wrote:

Oh, and forgot this: Please, whatever you do, start writing a diary. Write down everything you remember/notice, whenever you can. You may as well include painful/embarrassing stuff. If you don't write it down promptly, you'll forget stuff (painkillers will knock your memory sideways).

It's not just because it's useful for the compensation bobbins, it's something else to do, and it'll serve as an indicator of your recovery progress, which can help when you're feeling just a bit crap.

Good advice, and keep a record of all costs incurred, including things like your wife's parking at hospital, petrol to get there, PT fares, taxis etc. Keep the receipts and write it all down in the diary. When you get back to work include any travel to work as you would of been cycling had you not been hit.

Any thoughts on what the new bike will be yet?

Headhuunter

I used Russell Jones & Walker for my claim, the woman was very good and told me exactly what to do, keep records, receipts etc, organised photographers to photograph scarring etc....

edhornby

your house insurance may have legal cover that you can use, worth checking the paperwork

get well soon matey

HamishD

Get well soon amigo - sounds horrendous but I'm sure you'll be just fine. Now, get back to perving at the nurses . . . :twisted:

shouldbeinbed

+1 to all of the above, glad you're in one piece, even if it is a bit of a scratched and battered piece right now.

Remember any compensation should include future prescriptions and medical/palliative costs that you may end up with to maintain the same lifestyle as before.

I paid out my compensation many times over to my chiropractor. If you end up with ongoing (e.g.) back or neck problems, the state care and suport will taper off - the NHS did their best for me but with me there came a point when they had to send me on my way as I was a well as they could make me, the only options left to them were filling me full of painkillers- not a long term answer. No criticism of them they're limited in what they can offer and the acuteness of the needs they face. You may find eventually what you need to stay well is outside of their remit. and falls to you to pay for or suffer the lack of.

Try and take it calmly and rationally, you'll do far bettewr as a maignanimous qtuietly determined victim than a swivel eyed ranting loon as the legal side progresses.

heres some teaching granny to suck eggs advice but just in case:

Do not expect just because he is playing ball now, he will continue to do so. Once he gets a lawyer on his side and the full consequences of a drink driving compensation claim and prosecution dawn on him.
Things may welll get more contentions, he may suddenly find he's got a convenient medical condition that causes him to blackout and speed, crash & admit to drinking when he wasn't really doing any of those things.

As a first step I'd get your lawyer to get their hands on his mobile phone record, comprehensive medical history and as much info as the Police will furnish them with, maybe he's got previous fordrink/car offences that could ramp up the significance of his hitting you.

Has he definitely got insurance?

get onto the Motor Insurers Bureau if not or if they're being difficult.

Main site: http://www.mib.org.uk/Home/en/default.htm

and general claim advice book: http://www.mib.org.uk/NR/rdonlyres/085D ... ooklet.pdf

He could play your amnesia against you and accuse you of causing the crash, riding badly, veering etc if it helps cover his backside. might help to see if there was CCTV not just at the crash site but trailing you and him back on your journeys there to show a clearer picture of your relative road styles. Are there any witness statements & how detailed are they about his and your driving/riding as well as the actual impact?

I know when I go to court (expert witness) its barely ever the actual guts of the evidence that gets picked at, its the edges and the continuity etc. That there was a crash in which you've been badly hurt & your loved ones traumatised isn't an issue as such - theres no getting round those points, it'll be the hows and whys and whats, surrounding it that gets played up or down. Pay attention to the 'minor' details that could be used as a loophole. A diary is a great idea particularly for any flashbacks.


sorry to sound practical and doom and gloom. fingers crossed you don't need any of it and get what you deserve quickly.

prj45

Top advice fromshouldbeinbed, get well soon.

Torvid

Focus on healing up.

After my big crash the legal team did most of the figuring on what i could and couldn't get away with claiming, they will even think of things you wouldn't have expected to be able to claim. Best to get them in place soon though so they can get any independant medical exams sorted. CTC is a great place to start for a team that is more familiar with bike claims.

Get well soon.

stratblue

This very nearly happened to me on the Tottenham 1 way system. A Polish guy reading an A to Z came at me at a similar speed, it was only my paranoid habit of obsessive rear observations that saved me, I JUST got out of his way in time, he didn't see me at all and ended up in the taxi rank of the station there. It was only the CCTV and the bus full of witnesses that came between his head and a Kryptonite New York. I saw him still reading it going over Ferry Lane. Look behind you, death never comes at you front on chaps!

spasypaddy

ouch, glad you are ok.

ive just instructed Levene solicitors 02088261329 to deal with my case from 2 weekends ago. ive also used the specter partnership (4 years ago)
http://www.specterpartnership.co.uk/
dealing with a gentleman called Nick O'Neill who was very helpful and won my case for me.

Dont know levenes properly but they are the recommended LCC firm so must be ok. The others i can recommend from a personal point of view.


Good luck with the recovery and good luck nailing the twat to the wall and getting what you deserve from him.

jonny_trousers

I too am using RJW. I'm not convinced that they care too much about you or your claim on an individual basis, but the whole compensation industry is enormous and people like you and I are only a very tiny part of it. They are polite and efficient, however and I would advise you go with a suitable solicitor rather than trying to do anything yourself. Your claim sounds water tight to me. Do accept it will not be settled quickly, but you will get an interim payment of about a grand within a couple of months.

Sorry to hear about your accident mate and hope you heal well and soon.

bigbelly

Wow, glad to hear you still have your faculties and able to coherently progress your claim.

I recently moved to WGC so am interested where the "incident" happened. Are you able to divulge without affecting your impending legal case?