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Should I feel bad?

lycraholiclycraholic Posts: 127
edited September 2011 in The bottom bracket
Long story short, I was knocked off my bike about a month ago. Apart from a written off bike and cuts and bruises, I ended up with damage to my knees, which a month later are still slightly painful when I make any kind of twisting motion, or more generally, when I exercise intensively (I'm talking about half-marathon distance running, or 30 miles of rowing). But it doesn't prevent me doing exercise, they just make my knees slightly twinge-y towards the end of it. And it's only been a month, so they're probably still healing (though pretty damn slowly).

As I said to the driver of the car, as long as I get a new bike and am able to ride it, that's fine and dandy. Their insurance company replaced my bike, and in fact I ended up getting a far nicer Cervelo on an end-of-season deal (plus being able to transfer some components across). But now the insurers are talking about giving me over £1000 for personal injury as well! OK, I've had five weeks without a bike, which isn't great, also lingering discomfort in my knees, which also isn't great. But I don't want to completely shaft the driver for making a simple mistake which, for better or for worse, didn't hurt me that much! They're not very well off, and they're going to get stung for a massive excess, with which after all I'm probably only going to blow on something ephemeral like carbon wheels. I am a student, but let's be honest, I'm pretty secure financially.

Anyone got any input on whether I'm being reasonable? Should I decline the offer? I don't want to potentially ruin someone's Christmas over something so minor.

Posts

  • Surely any excess the other driver will have to pay will have already been incurred due to the replacement of the bike?
  • I would have thought that they'll get stung for an excess on both? Their policy was pretty poor as I remember.
  • 18921892 Posts: 1,690
    If you feel that guilty (even though you're the victim) pay the exceed out of what you get. I had a slight bump about a month ago & the other person pissed off whilst I was lying on the floor!
    Justice for the 96
  • TBH, I would have thought the excess would already have been paid too.

    I would take it, as at the end of the day, its not your fault that you got knocked off (as the motorists insurance is paying out) but you are the one left injured, and not the same as you were before the accident.

    Heartless? I dont think so.

    They will get screwed over on next years insurance whether or not you take the offer, as there is still an at fault claim registered against them
  • SecteurSecteur Posts: 1,971
    You were knocked over a month ago and you've already got a new bike and had an offer for £1k????

    That must be the fastest settlement EVER!!!

    whether you take the £1k or not, the drivers insurance will be affected.

    Why not take it and donate it to charity?
  • You only pay excess on any claim for your own property, so the driver will only have to pay the first £xxx of their car repair.If you claim £1,000,000 and their car repair cost £200 they would only pay either £200 of the excess on their policy whichever is the lower. If there's no damage to their car they won't pay anything (until next years premium).

    TBH - if the insurer has been so keen to pay quickly I suspect they're lookig to limit their losses by you agreeing a lesser amount. If I was still struggling a month on, I'd be looking for more than £1,000
    Carlsberg don't make cycle clothing, but if they did it would probably still not be as good as Assos
  • AirwaveAirwave Posts: 483
    Who's to say in 20yrs time on a cold morning in the depths of winter you might get pain in your knees due to this accident £1000 would seem a bad payoff then.
  • They've come to you offering a grand without you asking/claiming for it? That sounds like they're trying to make any future, larger, claim go away. If you accept that money, that's the issue settled - so if your pelvis implodes two days later as a result of the accident, then you have no other recourse in law.

    I'd seek professional medical and legal advice before accepting the money, personally (Not the AmbulanceChasers4U sharks either).
  • In a nutshell, you're not shafting the driver, he's already paid the excess, it's a fixed amount and doesn't change however much they pay out. Plus the drivers insurance is going to rise next year cos he's had a claim against him. You taking a grand for your injury isn't going to make any difference.

    As your injury is still causing you discomfort, i'd write back to the insurance company explaining that, and saying that you don't think 1000 quid is sufficient considering the ongoing pain/discomfort you are having. They will then either offer you more, or ask you to take a medical. Insurance companies pay out a lot more for simple whiplash injuries, knee damage is a lot more serious and has a nasty habit of recurring and causing problems in future years. I wouldn't settle for less than 5k. If you still feel bad for the driver, give him back his excess out of what you get.
  • I suspect they settled the business with the bike so quickly as a) the driver immediately admitted total liability, b) it could have been much worse and c) I went in all-guns-blazing and said from the start that if they didn't sort everything out to my satisfaction, I'd hire the biggest baddest solicitors I could find. Anyway I rang the insurers today and on the advice both of them and my GP I'm going to wait a month to six weeks before even thinking of settling the claim, just to see how my knee goes.

    Knowing that the third party won't get stung for an excess on the personal injury claim is comforting, and it does make me a lot more happy about taking the money. Donating it to charity is a good thought as well. I've worked for a few conservation charities and I know how good they are about buttering a lot of bread with not a lot of butter!

    (Or censored it I'll buy some Zipps :D:D:D )
  • mouthmouth Posts: 1,195
    Hmm, as many state above, I'd be wary of what they're trying to exempt themselves from in the future. Take the legal and medical advice and consider trying to delay the claim a bit if you can.

    FWIW a colleague of mine was involved in a hit'n'run (he the victim) whilst at work as a bus driver. Insurance made an offer which he turned down. A month later he had a stroke and lost the use of one eye. This has cost him his job since he can no longer hold a bus license. Had he accepted the offer in the first place he'd be in no mans land.

    Take your time and consider it very carefully.
    The only disability in life is a poor attitude.
  • bompingtonbompington Posts: 7,674
    +1 to the suggestions that a quick offer means you are probably entitled to more. In my case my solicitors have (eventually) got me four times what was first offered.
  • priorypriory Posts: 743
    edited September 2011
    allow me to be the umpteenth to point out that if you had scratched his two ton shopping trolley he would have been only too keen to get a thousand out out of you for a bit of paint. He has done you bodily injury that has caused you pain and disability now and he exposed you to risk of death or serious permanent injury. He also imposed on you the terror of being run down and the psychological after-effects, which might be an improvement on your previous state in your case but nevertheless were unasked for and may affect your mood and ejoyment of cycling in the future or worse . In years to come your knees will get worse and that may well be because of the injury that he caused through his choice of transport and his lack of attention or deliberately intimidatory driving, which for all you know might be his accustomed style.

    Bad driving needs to be payed for in full.What other incentive do drivers have to not mount their sat-nav in the middle of the windscreen . The police do practically nothing to sort them out.
    Get a lawyer. The insurance company are trying to pay you off before you see the light. Make them punish costly drivers.

    P s I have no idea why you think the driver should get off scot free with no effects what-so-ever having hurt you . he should have been more careful and now you and his insurance company are suffering. Are the police not onto him? At the very least get him sent on a driving course, for all our sakes.
    Raleigh Eclipse, , Dahon Jetstream XP, Raleigh Banana, Dawes super galaxy, Raleigh Clubman

    http://s189.photobucket.com/albums/z122 ... =slideshow
  • Just go half and half when do you do get a sum of money, half to whatever good cause you see fit and half treat yourself to something nice.
    "That's it! You people have stood in my way long enough. I'm going to clown college! " - Homer
  • priorypriory Posts: 743
    so far as I can see nobodt has yet said:

    go to the CTC webite and look at the lawyers' advice page.

    Russell, jones and walker in sheffield is a company that look after cycling injuries.

    TerryJ
    Raleigh Eclipse, , Dahon Jetstream XP, Raleigh Banana, Dawes super galaxy, Raleigh Clubman

    http://s189.photobucket.com/albums/z122 ... =slideshow
  • batch78batch78 Posts: 1,320
    Your knee will never be the same again, knees are like that. He hit you its not your fault, DO NOT FEEL GUILTY, their excess will not be affected at all by you claiming what is legally entitled to you. Get professional advice.
  • You don't know at this stage what lasting damage may have been done or what additional physio or treatment you may need for the permanent weakening and probable cold & wet weather twinges you will suffer. Constant even minor pain or discomfort when you're doing what you would otherwise do pain free grinds you down after a while and you'll go to quite some lengths for even temoprary relief from it.

    You are not shafting anyone, if anything £1000 seems on the low sidw. Should you need treatment , particularly if it is something the NHS don't recognise or choose to fund (that list'll be going through the roof) or you will be waiting months on end for otherwise, £1000 will be gone in no time at all, asking for more wont be an option and you could well still end up paying '000's more out of your own pocket for smething that was not your fault.

    The excess will already have gone onto him for the simple fact of the initial claim, its too late for him or you to worry about that. If you used £1,000,000 of legal cover from your house insurance, your policy wouldn't go up by £1,000,000 next renewal.

    worry about your physical health, let him and his financial health look after itself.
  • SoniSoni Posts: 1,217
    You sound like a very decent person, if only there were more people like you on this world, it would be a much nicer place.

    I would have thought that the driver won't suffer much more on the premium whether you take the additional sun being offered or not, the accident has already happened and been reported...the additional sum is pretty irrelevant.....
  • Don't feel guilty but do do something worthwhile with the money, it'll make you feel that much better about the situation and just be glad that the accident wasn't a lot more serious.

    I had a similar situation this time last year, got knocked off on a roundabout by someone who pulled out without looking, luckily bounced down the side of the car rather than going underneath it.

    I got my bike repaired as it wasn't seriously damaged, got my jacket, tights etc replaced and claimed for all direct costs.I also put in what I thought was a "cheeky" claim for £250 to cover me losing the use of the bike and my time and effort to get the whole issue resolved. The guys issurers, NFU, came back to me and said I can't just claim that type of money, they need to send an assesor in to take me through what I can and can't claim for. I was expecting them to tell me to naff off but the insurance guy then took me through a long list of things like, how long were you off work, could you live your normal day to day life whilst you recouperated, what injuries did you sustain etc. I could have told him anything (within reason) but I told the truth and the figure that THEY OFFERED, (not that I asked for) was £1100 !! I would have been happy with £250.

    I took the £1100 and suspect that if I'd have layed it on thick I could have got a lot more... but that would have been dishonest....so I didn't. I also suspect that the NFU were expecting to pay out a lot more too as no doubt less scrupulous people try it on and go for the big settlement.

    Bear in mind, once you agree a settlement it'll full and final so you will have no recourse if you knee does explode so proceed with caution but for the love of all things holy, don't approach a claims4U type set up, they are the scum of the earth ! All IMHO of course... ;)
    A person who aims at nothing is sure to hit it

    Canyon Aeroad 7.0 summer missile
    Trek 2.1 winter hack
  • ProssPross Posts: 34,868
    If they are offering you £1000 without asking you can rest assured that they feel their Client's actions have made them liable to far more than that. Insurance companies don't pay out from the goodness of their hearts!

    I have to admit that my knees would ache after 30 miles of rowing though, I never realised rowers covered those sorts of distances :shock:
  • fossyantfossyant Posts: 2,549
    Don't settle until you know you are OK.

    There is no further come back.

    I'm almost 3 years post accident, and it's only now, after an operation, that I will be left with permanent problems, and medication for pain. The good side is that I should now get access to private treatment without it having to keep coming out of my pocket.
  • Pross wrote:
    I have to admit that my knees would ache after 30 miles of rowing though, I never realised rowers covered those sorts of distances :shock:

    Haha, only if the Top 40 is on the radio and they've got nothing better to do all afternoon than inflict pain on themselves via a rowing machine!
  • ProssPross Posts: 34,868
    I did 2,000m on the rowing machine the other day - more than enough, it makes a turbo trainer look like fun!
  • Pross wrote:
    I did 2,000m on the rowing machine the other day - more than enough, it makes a turbo trainer look like fun!

    I briefly rowed for my college a while back. After what seemed like the hundredth 5.45am start, either cold and clammy in a boat, or hot and clammy on a rowing machine, I quickly realised that cycling is, as ever, the only true faith...

    I mean, it's good exercise, but it doesn't engage your brain in the same way cycling does. You really have to be able to completely switch your mind off.

    (also, if it didn't take you under 7 minutes, you weren't really trying :lol::lol::lol:)
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