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giannir
giannir Posts: 74
edited May 2016 in Road general
Solved

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  • cougie
    cougie Posts: 22,512
    Sorry to hear this. Google alyson France at bikeline. She's done work for a few pals.
  • giannir
    giannir Posts: 74
    edited June 2018
    Solved
  • chris_bass
    chris_bass Posts: 4,913
    Might be worth joining british cycling, their solicitors helped me out after an accident.
    www.conjunctivitis.com - a site for sore eyes
  • jscl
    jscl Posts: 1,015
    I had a claim revived by Slater Heelis recently on a No Win/No Fee basis - http://www.slaterheelis.co.uk/for-you/p ... solicitors
    Follow me on Twitter - http://twitter.com/scalesjason - All posts are strictly my personal view.
  • redvee
    redvee Posts: 11,922
    cougie wrote:
    Sorry to hear this. Google alyson France at bikeline. She's done work for a few pals.

    Her firm got me over £2k when I had an accident 12 years ago. Not any any experience with an y other companies as other accidents I've had have been minor in comparison.
    I've added a signature to prove it is still possible.
  • wishitwasallflat
    wishitwasallflat Posts: 2,927
    Chris Bass wrote:
    Might be worth joining british cycling, their solicitors helped me out after an accident.

    BC use Leigh Day but you have to be a member before the accident to access it as a membership benefit. You can contact Leigh Day direct yourself though and they may take it on on a no fee (they recover fees from third party) if they reckon there's enough in it and it's a winnable case. They're working on my case right now and they seem fine but I haven't settled yet (waiting for MRI scans to get an idea of how bad things are) so I suppose the acid test of how much I get is outstanding. I would reckon though if BC use them they must be above board. AFAIK the amounts payable are pretty set and agreed by all insurers so as long as you use someone who is competent I'm not sure if different people will get very different settlement figures for any given set of injuries. Can't think how anyone outside of insurance industry could access the data needed to test if that's true or not.

    Best of luck with recovery and your claim anyway.
  • bendertherobot
    bendertherobot Posts: 11,684
    The data is called the Judicial College Guidelines. They are available, if not all that easy to get for free. They set brackets for all injuries and a value for them. There are then a bank of cases which interpret them and you can search for cases which are similar to your own. A lot of this requires access to something like Kemp and Kemp online which isn't that accessible for the man on the street (i.e. it's not free). But the JC Guidelines, even if you find an older version (as long as not too old) are quite easy to read and interpret. Here's an example:


    H) Wrist Injuries

    (a) Injuries resulting in complete loss of function in the wrist for example, where an arthrodesis has been performed. £36,200 to £45,500 £39,820 to £50,050

    (b) Injury resulting in significant permanent disability, but where some useful movement remains. £18,625 to £29,800 £20,490 to £32,780

    (c) Less severe injuries where these still result in some permanent disability as, for example, a degree of persisting pain and stiffness. £9,575 to £18,625 £10,530 to £20,490

    (d) Where recovery from fracture or soft tissue injury takes longer but is complete, the award will rarely exceed £7,800 (£8,580 with 10% uplift). Rarely exceed £7,800 Rarely exceed £8,580

    (e) An uncomplicated Colles' fracture. In the region of £5,650 In the region of £6,220

    (f) Very minor undisplaced or minimally displaced fractures and soft tissue injuries necessitating application of plaster or bandage for a matter of weeks and a full or virtual recovery within up to 12 months or so. £2,675 to £3,600 £2,940 to £3,960

    Just an example of a random injury. There's a lot to it in reality but the overall principle is a simple one. The data is that used by the Courts rather than being owned by the industry.
    My blog: http://www.roubaixcycling.cc (kit reviews and other musings)
    https://twitter.com/roubaixcc
    Facebook? No. Just say no.
  • giannir
    giannir Posts: 74
    Chris Bass wrote:
    Might be worth joining british cycling, their solicitors helped me out after an accident.

    BC use Leigh Day but you have to be a member before the accident to access it as a membership benefit. You can contact Leigh Day direct yourself though and they may take it on on a no fee (they recover fees from third party) if they reckon there's enough in it and it's a winnable case. They're working on my case right now and they seem fine but I haven't settled yet (waiting for MRI scans to get an idea of how bad things are) so I suppose the acid test of how much I get is outstanding. I would reckon though if BC use them they must be above board. AFAIK the amounts payable are pretty set and agreed by all insurers so as long as you use someone who is competent I'm not sure if different people will get very different settlement figures for any given set of injuries. Can't think how anyone outside of insurance industry could access the data needed to test if that's true or not.

    Best of luck with recovery and your claim anyway.

    I`m a member of BC.

    could you please give me all the info and tips to go through that

    in public or private

    I will appreciate your help

    Many Thanks
  • fossyant
    fossyant Posts: 2,549
    Just go on the BC site, phone the help line, then Leigh Day will get in touch.

    Leigh Day are handling my case - 2 badly fractured vertebrae and 4 ribs - 6.5 weeks in hospital, and over 6 months off work so far. Due to the nature of the injury I have an independent case Manager that is looking to get help put in place. I'm 6 months post accident and have already had two interim payments to cover expenses (lots of travel, bits of equipment).

    We are looking at a permanent fold away bed in the lounge as I'm sleeping on the settee as I can't get comfy in our bed and disturb my wife (the other rooms are full).
  • wishitwasallflat
    wishitwasallflat Posts: 2,927
    giannir wrote:
    Chris Bass wrote:
    Might be worth joining british cycling, their solicitors helped me out after an accident.

    BC use Leigh Day but you have to be a member before the accident to access it as a membership benefit. You can contact Leigh Day direct yourself though and they may take it on on a no fee (they recover fees from third party) if they reckon there's enough in it and it's a winnable case. They're working on my case right now and they seem fine but I haven't settled yet (waiting for MRI scans to get an idea of how bad things are) so I suppose the acid test of how much I get is outstanding. I would reckon though if BC use them they must be above board. AFAIK the amounts payable are pretty set and agreed by all insurers so as long as you use someone who is competent I'm not sure if different people will get very different settlement figures for any given set of injuries. Can't think how anyone outside of insurance industry could access the data needed to test if that's true or not.

    Best of luck with recovery and your claim anyway.

    I`m a member of BC.

    could you please give me all the info and tips to go through that

    in public or private

    I will appreciate your help

    Many Thanks

    Happy to but it's simple just go to BC site and click through the had an accident links. Can't recall exactly what it's called but I just looked and called the number they took a few brief details and the within 24 hours Leigh Day emailed me some info and a form to fill in with details of incident, damage etc. it's a bit of a hassle tracking down receipts and getting an lbs damage report and costing but that's unavoidable. It's dealt with by a paralegal at Leigh Day in the first instance as apparently very few cases ever go to court. Mine is a bit complicated due to nature of injuries (hence MRI scans). What I can say is Leigh Day are very professional and communication is great. You get a very strong feeling they know this area inside out which is reassuring. If you have any specific questions post them and happy to help if I can. PS Will read your pm later
  • wishitwasallflat
    wishitwasallflat Posts: 2,927
    The data is called the Judicial College Guidelines. They are available, if not all that easy to get for free. They set brackets for all injuries and a value for them. There are then a bank of cases which interpret them and you can search for cases which are similar to your own. A lot of this requires access to something like Kemp and Kemp online which isn't that accessible for the man on the street (i.e. it's not free). But the JC Guidelines, even if you find an older version (as long as not too old) are quite easy to read and interpret. Here's an example:


    H) Wrist Injuries

    (a) Injuries resulting in complete loss of function in the wrist for example, where an arthrodesis has been performed. £36,200 to £45,500 £39,820 to £50,050

    (b) Injury resulting in significant permanent disability, but where some useful movement remains. £18,625 to £29,800 £20,490 to £32,780

    (c) Less severe injuries where these still result in some permanent disability as, for example, a degree of persisting pain and stiffness. £9,575 to £18,625 £10,530 to £20,490

    (d) Where recovery from fracture or soft tissue injury takes longer but is complete, the award will rarely exceed £7,800 (£8,580 with 10% uplift). Rarely exceed £7,800 Rarely exceed £8,580

    (e) An uncomplicated Colles' fracture. In the region of £5,650 In the region of £6,220

    (f) Very minor undisplaced or minimally displaced fractures and soft tissue injuries necessitating application of plaster or bandage for a matter of weeks and a full or virtual recovery within up to 12 months or so. £2,675 to £3,600 £2,940 to £3,960

    Just an example of a random injury. There's a lot to it in reality but the overall principle is a simple one. The data is that used by the Courts rather than being owned by the industry.

    Thanks that's exactly what I meant. I reckon insurers would use those rates because if they didn't and it went to court those are the rates courts use. If a case went to court, over amounts, the insurer must already have agreed to pay out. So a trip to court would surely mean these rates were applied, ergo surely nothing to be gained by not using them in an case where a solicitor, or anyone who knows these exist, is submitting the claim.
  • bendertherobot
    bendertherobot Posts: 11,684
    Oh, I dunno. Apreading had issues with insurers taking the ***** as I understand it. Had he not had a lawyer he could have been sold down the river. They're easy to find if you know about them. Much less easy to happen across if you don't.
    My blog: http://www.roubaixcycling.cc (kit reviews and other musings)
    https://twitter.com/roubaixcc
    Facebook? No. Just say no.
  • apreading
    apreading Posts: 4,535
    Insurers will try and fob you off with a low ball offer first. On the basis that the uneducated and/or unrepresented may just accept - even if only 10% accept this offer it is worth them making as an opening gambit.

    Before it goes to court over the figure, there would be a 'negotiation' - they will start low and need to be argued/forced to come up with better. Pretty sure that before it went to court they would at least offer the bottom of the band quoted in these books.

    In my case, they offered me half the bottom figure in the quoted range for a fractured collar-bone as a 'pre-medical settlement offer' i.e. in order to avoid all the hassle and delay of an independant medical assessment etc. Not surprised they offered a low figure but I WAS surprised that they didnt just offer the lowest figure in the band on the basis that I had an expert solicitor representing me who was always going to advise against accepting such a low offer. Made it kind of pointless really. I might have accepted if they had at least offered the bottom of the quoted range, to just be done with it.

    Without a lawyer, they will never offer you the same amounts as they will prey on your lack of knowledge/experience and lack of patience - they will drag it out and make the whole process exhausting and painful until you give in. The lawyer can keep things on track a little better and call them to order more easily.
  • bompington
    bompington Posts: 7,674
    apreading wrote:
    Without a lawyer, they will never offer you the same amounts as they will prey on your lack of knowledge/experience and lack of patience - they will drag it out and make the whole process exhausting and painful until you give in. The lawyer can keep things on track a little better and call them to order more easily.
    This. When I was knocked off a few years back they were taking the mickey until I got lawyers onto it.
  • wishitwasallflat
    wishitwasallflat Posts: 2,927
    Yes that's what I was trying to say -if you have a solicitor working for you then the other parties insurers will know that and know that they won't advise you to accept a low offer (low rated against these bands). That what makes me wonder if there is any real differences between different solicitors, once you reach a basic level of competence of course ? I started this train of thought because my claim is being handled by Leigh Day because that's who BC use. The OPs question made me wonder what difference would it make if I had opted for another no win no fee firm instead.

    Anyone taking on an insurer without a specialist solicitor or specialist knowledge themselves is, IMO, crazy.
  • apreading
    apreading Posts: 4,535
    I dont think it is rocket science in 99% of cases. You will find that at Leigh Day your case is generally handled by a Paralegal, 'assisting' a lawyer who probably has little or nothing to do with anything other than the meaty cases and can oversee alot of those paralegals...
  • wishitwasallflat
    wishitwasallflat Posts: 2,927
    apreading wrote:
    I dont think it is rocket science in 99% of cases. You will find that at Leigh Day your case is generally handled by a Paralegal, 'assisting' a lawyer who probably has little or nothing to do with anything other than the meaty cases and can oversee alot of those paralegals...

    I agree on both counts:

    As far as I can see if liability is accepted it's a fairly mechanistic process of costing the claim e.g. lbs damage report and valuation, reciepts and photos for equipment and independent medical assessment for injuries.

    Liability has been accepted in my case and it is being handled by a paralegal working for a named lawyer. I will be very surprised if it goes to court as other side admits full liability and the independent medical examiner confirmed all the injuries and problems I have and made a very reasonable assessment of prognosis. All I can think I would do is check correct costs for bike etc. are there and injury claims fit with the costings in those bands. Feels like it's progressing as fast as I could with minimal hassle.