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Advice after an accident - Insurance question

iamjecclesiamjeccles Posts: 17
edited January 2013 in Commuting chat
Hi

I was hoping I might be able to get some advice about making an insurance claim? I was knocked of my bike yesterday after a driver flung his car door open, which sent me flying. I had to go to A&E but there was nothing major except severe bruising and I'm now at home resting up. However, my bike wasn't so lucky and it looks like it will be a write-off. There were a few witnesses, the driver accepted resposibilty, the police came and took details, and an ambulance took me to hospital.

Now the adive I'm looking for is what should I do next. I'm covered under my home contents and I think I can go through them. But I'm also thinking that I could go to a specific cycle injury solicitors. However, I've had a bit of a look on the internet and most of them look like dodgy money grabbers. If I use a 'no win, no fee' solicitor does anyone know of any out there that are good? I mean I know the concept of 'ethical' or 'moral' doesn't really apply to solicitors, but I'm hoping that there may be some out there who are just trying bleed the system!

My bike's a write-off, it cost about £2,000, some of my cycle gear has been ruined, and I'm a bit battered and bruised. But I'm only looking for some 'fair' comensation. Any ideas or advice will be much appreciated.

Cheers, iamjeccles

Posts

  • veronese68veronese68 Posts: 23,811 Lives Here
    Sorry to hear that, but glad you're ok.
    I had a similar accident in September. My bike was ok but I got broken instead though. I'm covered with British Cycling and am going through their lawyers. They use Leigh Day and co, they seem very good. I'm not sure if they do no win no fee but it's worth asking.
    Keep a record of all your costs in the meantime. Good luck.
  • AnonymousAnonymous Posts: 79,692
    Annoyingly the 'accident' thread isn't in commuting chat, but have a thorough read of this:

    viewtopic.php?f=40052&t=12722930
  • Cheers, very helpful. I don't think I to go down the 'no win, no fee' if possible. I've found out I get legal representation through my Home Insurance, so I should be able to appoint a solicitor of my choice. I'll check out Leigh Day.

    Thanks again for the advice... :)
  • Sorry to hear it.

    Also currently using Leigh & Day through my BC membership after getting hit by a car in December. From what you've written, it's the drivers fault, so nothing to do with your insurance.

    Person that knocked me off called me that evening to check how i was and said "do you have insurance", i responded "no, you do - that's how this works!" I was still a little angry at the time so was fairly short with her and declined the offer of cash..
    Steel Blue Fixed - Orange Backpack Cover

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    Fixeh
  • Sorry to hear about your accident. Glad to hear you are not too badly injured and I can fully sympathise with wanting to recover the cost of the damage to your bike.

    I just thought I'd contact you in case I can be of any help. I am a keen cyclist but also a solicitor specialising in cycling accidents (we're not all bad!).

    I understand that your priority is to recover fair compensation for the damage to your bike, which is entirely reasonable. As you do also appear to have suffered some minor injuries it may be possible for a solicitor to act on your behalf to pursue a personal injury claim. As part of that claim your solicitor would also be able to include a claim for the cost of either repairing or replacing your bike. Further evidence would need to be obtained to support such a claim.

    The difficulty here is that, if you are not pursuing a personal injury claim then the claim for the damage to your bike would be a "small claim" (claims for money with financial value up to £5000 whereas the small claims limit for personal injury claims is £1000). The impact is that if you instruct a solicitor to pursue a small claim for you, you are unable to recover your legal costs from the responsible party, meaning that the solicitor would not be able to act for you on a "no win no fee" basis. I have acted for numerous clients in similar situations to this and if I can help in any way then please personal message me.

    I am unable to guarantee that I would be able to act for you but even if I can offer any help or guidance in recovering the cost of the damage to your bike it may help improve your view of solicitors!

    Hope you get sorted out and you are back in the saddle soon.
  • Thank you to everyone for your advice. I found a solicitor through the link Coriordan left, but thank you James for you explanation of a process that I have not had to understand until now. And I don't think all solicitors are bad. I just rather act with caution.

    I've been advised that it should be a pretty cut and shut case. So finger crossed it won't be too complex from here on...
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