Accident compensation enquiry

[cycle o gist]

Hi guys,
Wondering if anyone could help me, I was recently knocked off my bike from the rear by a car. I fell and hit my head, had two grazes to my head and big swelling on my cheekbone, a black eye (all of which i have photos of), small grazes to my knees, plus a bruised wrist. I also had three nosebleeds two consecutive days after the accudent but no evidence to support these. I was put in an ambulance for half an hour but not taken to hospital. The police questioned me about what happened, and I didn't really know as I was knocked off from behind. I had two witnesses who said it was the motorists fault, one middle aged female cyclist and one shop keeper

The motorist claimed I was 'all over the road' although I was cycling straight. She totally bent the front wheel of my bike (showing how close it was to a lot worse an accident) and had £1100 damages (in electrical equipment; ipad, etc that was in a bag I was carrying wth me) and to my bike.

The motorists insurance company, 'admiral' contacted me off their own bat and after two talks offered me compensation on what i believe they called On a 'non liability' basis a total of £2500 compensation for no further action on my part, to cover injuries and costs of damage to my bike and other goods that were broken in the accident (as i said earlier, this cost £1100').

I am slightly suspicious of the whole affair, the guy from admiral who offered me the compensation said things like 'because I wasn't wearing a helmet this would be taken into account in a court of law and would mean I would get less compensation there due to 'not adequate measures of protection taken', which sounds like he is twisting the truth to me as it is not within the law that a cyclist shoud wear a helmet, just a recommendation? It is a 'non liability' compensation amount meaning it doesn't 'imply who is wrong' but as I am getting the compensation it implies she is in the wrong, right? It smells very fishy to me and feels like he is trying to rip me off...I am 29 and I think he thinks I will just jump at the cash. I even though that the motorist might even be paying the compensation out of her pocket, it was only after two, not greatly detailed phone conversations that they offered me £2500, and I only mentioned how much it cost me in possession damages (£1100) in our second conversation.

Anyone had similar things happen to them? I was considering asking them for an extra £1000 (to take it up to £3500) as damage to my possessions already cost me £1100, meaning only £1400 for physical injuries and the mental stress of the accident.
Any help guys would be most appreciated,
Thanks

 

[vickster]

Get legal advice from a solicitor, are you a British Cycling, LCC or CTC member? Otherwise, you could try a no win-no fee firm

You have 3 years to claim so there's no rush. However, no solicitor will be able to tell you how much you 'should' get as every case is different. The paperwork will specify a range - up to 10k or over 10k depending on the severity of injuries, length of recovery (but not stress), extent to which out of pocket etc

They do indeed consider whether a helmet was worn, you can go to court and argue if you wish though. Also, there is no liability considered unless one party declares liability

Did the police get witness statements?

 

[TissoT]

I would say you need to look into some legal advice ....
the insurance company is trying to catch you before you do this by there offer of compensation

 

[400bhp]

You rode into the back of her?

 

[midlife]

Just curious, how much do you think the injuries cost you in time off work and medical costs? As there were no bones broken nor any scaring then the pain and suffering element might be only about £200

Shaun

 

[vickster]

You rode into the back of her?

It reads like she drove into him, hit from rear

 

[400bhp]

It reads like she drove into him, hit from rear

Well,yeah but he mentioned his front wheel being borked which confused me.

 

[vickster]

Pushed him with such force it was somehow damaged?! Or when he fell?

 

[PpPete]

If you engage one of the many cycle claims solicitors like the one offered "free" to CTC members they will help you pursue your claim... but only on the basis they take a substantial cut from any compensation. When I spoke to the CTC one they told me they would not take on any personal injury claim if it was worth less than £1000 - just not worth their while. I had a couple of (suspected) broken ribs and they seemed to think the comp for that would be over that threshold - but I got the impression not by much.
£1400 for little more than 'cuts & bruises' seems not unreasonable to me.
Call them back and tell them you want to see the offer in writing..... then invest £100 or so in going to see a regular solicitor - not one of the no-win/no-fee variety.

 

[jay clock]

my daughter had 1250 from Admiral a few weeks back when someone drove into her car. She had not claimed any injury, and had minor whiplash and to be honest jumped at it. Plus they paid for all the repairs

 

[vickster]

They made a rather better offer to the OP than I was initially made for my injury even with liability accepted! That said mine was an insult and didn't even cover loss of earnings let alone the injury. My case is ongoing, no further offer made, medical records now with orthopaedic expert.

£2500 sounds in the right ballpark but get legal advice, but you may have to pay for it

 

[classic33]

You accept the offer made, you'll have made the deal final.
Give your injuries time to show, using this time to seek legal advice. Not all injuries are apparant so soon afterwards. Bruising can take a while to appear, and that bruising may be hiding an injury.

You will have had the bike checked, by at least one bike shop and estimates got for the repair?
My bike was a write off, despite there being very little visible damage. Small crack behind the head tube. Shop took a picture and sent it of to the manufacturer, who said it was a write off due to where the crack was and the nature of the crack.

 

[vickster]

Did you not go and get your face x rayed?

 

[classic33]

Did you not go and get your face x rayed?

Seems he never made it past the ambulance.
The fight or flight instinct kicking in maybe. Convinced him he wasn't as badly hurt as he may have been.

Easy to say in hindsight though. How many can say the remembered what to do after an accident, in the immediate aftermath of it?

 

[Crankarm]

If you engage one of the many cycle claims solicitors like the one offered "free" to CTC members they will help you pursue your claim... but only on the basis they take a substantial cut from any compensation. When I spoke to the CTC one they told me they would not take on any personal injury claim if it was worth less than £1000 - just not worth their while. I had a couple of (suspected) broken ribs and they seemed to think the comp for that would be over that threshold - but I got the impression not by much.
£1400 for little more than 'cuts & bruises' seems not unreasonable to me.
Call them back and tell them you want to see the offer in writing..... then invest £100 or so in going to see a regular solicitor - not one of the no-win/no-fee variety.

Don't follow this advice it's rubbish.

Pretty much 99% of injury claims are taken by solicitors on a no win no fee agreement or conditional fee agreement. If you win you don't pay anything, but if you lose you don't have to pay your own solicitor's costs but still may have to pay the other side's costs and disbursements plus your own disbursements. You can take out insurance to cover this unless you are a BC member in which case this is covered. Maybe the same with CTC.

Either way the car driver's insurer Admiral is trying to make you a low early offer, so they pay out as little as possible, for you to cease any claim against them. My advice is contact BC or CTC and speak to their preferred solicitors who may give you general advice and an idea of what you would likely recover if they acted for you. They can act for you even if your are not a member of these organisations, just that the terms they take you on for your case may be slightly different to those of members but at least you will be represented and get sufficient compensation for your injuries. Their costs are paid for by the other side and do NOT come out of any compensation settlement you are given.

No solicitor will take on a case where the level of award of damages for personal injury is less than £1000 as they cannot claim for their costs at the Small Claims court which would be considerably more than you may be awarded by a Small Claims Court. Also iirc the maximum sum you can claim for personal injury at Small Claims Court is £1000. You have 3 years to bring a personal injury claim and 6 years for damage to property although starting it sooner than later is better, certainly getting down to your GP asap is an absolute necessity and making a record of what happened. Also making sure you have witnesses and obtaining any CCTV footage which might show what happened, where and when which will strengthen considerably your claim if they are all favourable showing the driver at fault. Have you reported the collision to the police? If not, why not, as you need to as you were injured? Again it will strengthen any civil case for compensation you bring against the driver if they have been found guilty of careless driving or admitted it and sent on a driver awareness course (which are hopeless btw). Liability will then not be in issue as the driver will have admitted they were at fault or have been found to be at fault by a court to a criminal proof which under Civil Procedure rules is prima face evidence of negligence in a civil action.

Personally I wouldn't accept the insurer's offer until you have spoken to some one qualified to deal with litigation in PI cases i.e. a solicitor as you might be settling for substantially less than your injuries etc merit.

Good luck.