Injury claim advice

DeVlaeminck

OK not really road buying advice but it is advice relevant to road cycling.

On Saturday I was knocked off my bike by a driver who has admitted full responsibility to the police and witnesses. I have a damaged bike and quite a bit of kit damaged which I'll claim for but my injuries are limited to loss of skin, bruising, stiffness etc - I'm still limping but I'm 99.9% certain it's nothing that wont clear up in a week or so and I expect to be able to ride a bike again in another couple of days. I'd no intention of claiming for this but his insurance company seemed quite insistent on telling me I was legally entitled to and when I contacted BC to speak to a solicitor (which I did first) they also assumed I would be.

I'm not being a mug here am I - it's not normal to make a personal injury claim for what I consider relatively minor injuries ?

bigmat

You have suffered a personal injury, just a minor one. Be honest about the injuries you have suffered and see what they offer you, its just part of your overall claim for compensation for the damage that has been caused to you / your bike / your kit.

morph

I probably wouldn't *if* that's all the injuries you have.
But I would wait a while. When I got knocked off my bike many years ago my back felt fine for a week. Ended up costing me thousands in treatment and still causes issues to this day.

Bobbinogs

mmm, I must admit that whenever I have been knocked off that I just took the practical view that, unless I wasn't seriously injured (or clothing ripped, bike damaged, etc.) then I would just get on with things. I often bemoan the litigious state that we have now inherited from the States so I figure it would be hypocritical to then sue someone just for the hell of it. Interestingly, just seen this on Sky, which sums it all up to me:

http://news.sky.com/story/1625030/man-filmed-assaulting-driver-sues-over-footage

alex222

Due to the number of inflated personal injury claims a lot of insurers would rather a quick and final settlement for a few grand rather than risk you coming back in the future via an ambulance chasing firm.

bigmat

We're nothing like the US really, damages for personal injuries here are pathetically low. I don't see anything wrong with making a genuine claim if someone has caused you an injury, that is what they (should) have insurance for. Spurious / fraudulent claims are obviously a completely different matter.

bendertherobot

Thing is, it's all bundled together. It's a claim. That it might include, or not, a PI claim, is neither here or there and his premiums will change because, well, he's a rubbish driver.

The truth is that PI awards have, historically, been undervalued. There have been attempts to change that but you'd be surprised at a) how short a time you have to suffer to get some money and b) how little you might get even if you have to suffer for the next 40 years.

The 13th edition of the Judicial College guidelines posits a starting point for minor injuries as being "A few hundred pounds to £580" where there is a complete recovery within 7 days. And, as much as manning up is important, loss of skin, bruising and stiffness would very much fall into this category.

What's really important though is to get yourself evaluated and checked out to ensure that IS all you have.

keef66

What Big Mat said. Just be honest about the nature / extent of your injuries. I'd want some form of compensation if a driver knocked me off my bike and sent me sliding down the road; it's what insurance is there for, no?

And if said driver sees his / her insurance premium go up it just might make them drive with a little more care...

DeVlaeminck

[url=http://www.bikeradar.com/forums/viewtopic.php?p=19781908#p19781908]morph[/url] wrote:

I probably wouldn't *if* that's all the injuries you have.
But I would wait a while. When I got knocked off my bike many years ago my back felt fine for a week. Ended up costing me thousands in treatment and still causes issues to this day.

Yes pretty sure I don't have anything else, did go to hospital in an ambulance as at the time my leg was really painful and thought there was an outside chance I'd broken it so I've had an x-ray and since the day it has improved quicker than I expected. I may take photos of my skin loss as I'm taking pictures of damaged bike, kit etc see what they say.

My legal advice did say if only claiming for kit/bike make sure that I am not waiving my rights to claim for injury as part of that settlement just in case I do end up having a longer term issue - don't think I will but your experience would back that up.

jswba

I'd advise everybody reading this thread to join the CTC. Membership includes coverage for this kind of event and they have lawyers to represent such claims too. An absolute bargain

redvision

Op, first of all, glad to hear you are ok.

Like it or not the personal injury claim process is a big business these days. Regardless of whether or not you end up with compo, be prepared for countless calls from despicable companies over the next few years who tell you you're entitled to £500million+ in compo in addition to the original settlement :roll:
(personally i would change phone number after the case is settled)

My advice would be to speak with BC and a solicitor regarding the whole thing. Get a copy of the police report, witness statements, and see if there was any cctv footage in the area - reason for this is i suspect the driver will likely be encouraged to change his liability acceptance if his insurance company pressure him.

BigMat wrote:

We're nothing like the US really, damages for personal injuries here are pathetically low. I don't see anything wrong with making a genuine claim if someone has caused you an injury, that is what they (should) have insurance for. Spurious / fraudulent claims are obviously a completely different matter.

You are right. My brothers Mrs had a car accident a few months back in the States (a lorry pulled out in to the side of the car). She was ok but suffered a few cuts and bruises. Her insurance company insisted she use a particular solicitor and guess what the personal injury claim is?? $1million! No joke.
So whilst the UK may be following the US with the personal injury claim society, we are still a fair bit away from the extremes across the pond.

Anyway, OP, hope everything is sorted swiftly and you are able to get back on the bike soon.

DeVlaeminck

Luckily the guy admitted liability to the poluceman and I have two witnesses who also gave their details to the police and the police collision number so hopefully there is no wriggle room on fault. The guy literally drove into the back of me and said he was distracted by something across the road and didn't see me so it's not one open to interpretation either. I'm in BC but yes good advice to be in some organisation that gives access to legal advice, BC, cTC or whoever.

ex-pat scot

I've been in serious and trivial bike accidents.
Some of the "more trivial" ones, where no bones / bikes were broken (scuffed, but not broken) I have tried to resolve amicably and informally, without involving drivers' insurance companies.
Each time, there was back-sliding from the driver (or driver's company) trying to wriggle out of the payment, even though at the time they were clearly in the wrong and had admitted liability to me and witnesses.

If there's ANY possibility of medical issues, then
1. get it logged at GP / A&E. Even if it seems minor at the time.
2. file an accident report with local police
3. retain documentation of witnesses, accident details, driver and their insurance co.


[I came off on black ice on Friday, riding my Brompton into a client office. They had gritted the estate, but omitted a stretch.
I was told I should have completed an accident form and claimed off them for my torn jacket and grazes. However I took the view that it would jeapordise my company's relationship with the client far worse than a ripped sleeve. I did make sure they knew about it though]

keef66

"I was told I should have completed an accident form and claimed off them for my torn jacket and grazes. However I took the view that it would jeapordise my company's relationship with the client far worse than a ripped sleeve. I did make sure they knew about it though"

How very pragmatic of you. In the days when my company had manufacturing sites in the UK nearly all the lost time accidents (which impinged on our bonus payment) were down to feckless contractors, some of whom were clearly trying it on. One bloke even claimed to have had the same self-inflicted accident twice. Our own employees had an exemplary safety record.

No accidents in 2 years now. We've closed 3 production plants and 2 research stations though, so that's probably 700 fewer people to have accidents...

mroli

Any claim won't be quick though. I had a driver that pulled in front of me, knocked me off, admitted liability and I had witnesses. That was last June. Just paid in the cheque now. I would also say if you are using BC that the legal exec I had at Leigh Day was excellent - she almost answered emails before I sent them. I've used them twice and they are effective and sensible.

bendertherobot

mroli wrote:

Any claim won't be quick though. I had a driver that pulled in front of me, knocked me off, admitted liability and I had witnesses. That was last June. Just paid in the cheque now. I would also say if you are using BC that the legal exec I had at Leigh Day was excellent - she almost answered emails before I sent them. I've used them twice and they are effective and sensible.

That's practically next day by most case standards.....................

ex-pat scot

mroli wrote:

Any claim won't be quick though.

Agree on that!
Simple claims (mainly minor replacement of kit) - I've had 7 to 9 months elapse between incident and payment.

Major claim (thankfully only the 1) - 5 years between incident and final settlement.




I can see that this could portray me as a bit of a liability on the roads. Which might well be true, but I have covered an awful lot of miles over quite a few years, so I don't think my crash rate is too poor.

mroli

bendertherobot wrote:

That's practically next day by most case standards.....................

Oh yes, I wasn't moaning - I was just managing expectations. Would have been quicker if there hadn't been some doubt about whether or not the driver was insured and the insurance co played silly buggers meaning we had to start the court process to "encourage" them to move a bit quicker...

ugo.santalucia

mroli wrote:

Any claim won't be quick though. I had a driver that pulled in front of me, knocked me off, admitted liability and I had witnesses. That was last June. Just paid in the cheque now. I would also say if you are using BC that the legal exec I had at Leigh Day was excellent - she almost answered emails before I sent them. I've used them twice and they are effective and sensible.

What's the point of being a lawyer if you then need a lawyer? :roll:

bigmat

ugo.santalucia wrote:

What's the point of being a lawyer if you then need a lawyer? :roll:

Is that a serious question?!

ugo.santalucia

BigMat wrote:

ugo.santalucia wrote:

What's the point of being a lawyer if you then need a lawyer? :roll:

Is that a serious question?!

Yes

bigmat

OK. The law covers quite a wide range of things. Lawyers tend to be quite specialist. It would be like expecting you to build a wheel for your car because you're a wheel builder.

Even if a lawyer was able to represent themselves in a completely different area of the law, it probably wouldn't be economic to do so, especially if they could get someone to do the job on a no win no fee basis as is common for personal injury claims.

bendertherobot

BigMat wrote:

OK. The law covers quite a wide range of things. Lawyers tend to be quite specialist. It would be like expecting you to build a wheel for your car because you're a wheel builder.

Even if a lawyer was able to represent themselves in a completely different area of the law, it probably wouldn't be economic to do so, especially if they could get someone to do the job on a no win no fee basis as is common for personal injury claims.

Though, with the changes to CFA's, if you are able to do it yourself at least you'll keep all your damages now.

I'd be ok with it. But I'd still quite like someone to sue if it all goes wrong.

mroli

As what BigMat said, through BC, the lawyer that I use at Leigh Day can recover the cost of their time from the other side. Without blowing my own trumpet, my particular specialism rate would be VERY hard to recover! Also, they have access to all the forms and protocols they would need to make the claim.

I would say the point of being a lawyer is to recognize when there is someone else to use who has better skills for the particular case in point! Besides lawyers (solicitors) often use other lawyers (barristers) as a matter of course.

Trust me Ugo - if you want me to assist you with the contracts for building and operation of a brand new cycling facility and the finance etc for it in Solihull, then I'm bang up for it, but if you run amock with a tyre lever at Superstar Components' wheel building factory - I am not the call you make....

ugo.santalucia

mroli wrote:

As what BigMat said, through BC, the lawyer that I use at Leigh Day can recover the cost of their time from the other side. Without blowing my own trumpet, my particular specialism rate would be VERY hard to recover! Also, they have access to all the forms and protocols they would need to make the claim.

I would say the point of being a lawyer is to recognize when there is someone else to use who has better skills for the particular case in point! Besides lawyers (solicitors) often use other lawyers (barristers) as a matter of course.

Trust me Ugo - if you want me to assist you with the contracts for building and operation of a brand new cycling facility and the finance etc for it in Solihull, then I'm bang up for it, but if you run amock with a tyre lever at Superstar Components' wheel building factory - I am not the call you make....

I'll accept the incompetence argument...

As for charging your time... it's an old rat I do not accept... surely you could use the time you spent writing that post to write a letter to the insurance instead... or th time you invested in attempting to ride a Penny Farthing...
Did you ever learn BTW?

MikeBrew

mroli wrote:

but if you run amock with a tyre lever at Superstar Components' wheel building factory - I am not the call you make....

In the context of a cycling forum, a tyre lever hardly constitutes an offensive weapon..... :P

mroli

MikeBrew wrote:

In the context of a cycling forum, a tyre lever hardly constitutes an offensive weapon..... :P

I thought it'd be nice and "stabby" :twisted:

mroli

ugo.santalucia wrote:

As for charging your time... it's an old rat I do not accept... surely you could use the time you spent writing that post to write a letter to the insurance instead... or th time you invested in attempting to ride a Penny Farthing...
Did you ever learn BTW?

I didn't mean it like that - I meant, as a lawyer, my hourly rates are significantly higher than the lawyers I used and I would never be able to recover that money. Which means I would effectively be working for free. And the lawyers I used were "free" to me as they take their money not out of my "win", but from the other side's insurance company.
The Penny Farthing is in my shed :oops: awaiting good weather. I have a nice gentle down hill now on my quiet country lane...