Accident advice - help needed please!

[I like Skol]

I think the good thing about Leigh Day and others of their kind (LD are not the only cycling/rta specialist, other solicitors are available) is that they specialise in this kind of thing so can hopefully make a more successful claim against the other party and achieve a better settlement than A.N Other general solicitors who just happen to provide a cover-all type of service to your home insurer or car legal protection provider.

 

[boydj]

If your personal injuries are simply cuts and scrapes and a bit of bruising you're unlikely to find a solicitor to take on the case because there will not be enough money in it for them. You can claim directly from the driver's insurer simply by writing to them to initiate the claim. The driver should already have informed the insurance company. You'll need at least one estimate for the repairs to the bike, costs for replacement of damaged clothing, additional transport costs, and a sum for your injuries and the inconvenience and stress caused by this incident.

You should write a statement of your version of the incident, including the witness and police details, to go along with your claim - useful for the police as well if they have any follow-up with the driver. It might even be worth contacting the witnesses, asking them to document the details of their witness statement while it's fresh in their memory.

 

[Arjimlad]

Sorry to hear this, hope you feel better both physically and mentally soon.

To get into the territory where legal costs can be recovered from the driver's insurers, the claim has to be worth over a certain amount. If yours is not then DIY could be the way to go but you may still need a medical report on the prognosis, it could be unwise to settle without medical advice.

 

[Enlightenedwaistcoat]

Sorry to hear this, hope you feel better both physically and mentally soon.

To get into the territory where legal costs can be recovered from the driver's insurers, the claim has to be worth over a certain amount. If yours is not then DIY could be the way to go but you may still need a medical report on the prognosis, it could be unwise to settle without medical advice.

Thanks. I'm currently off work in pain and back at the hospital. Keeping a record of all time and money spent and speaking with a solicitor tomorrow to see what the situation is. The reason I'm reluctant to do a DIY atm is the fact I'm still unsure of injury status and recovery timescales. All I can say is f***ing drivers 😵‍💫

 

[vickster]

You have 3 years to lodge an injury claim with the court so no great rush, just keep a note of everything (6 years for claim for damage to property).
Did you have your coccyx / lower back x-rayed?

 

[Enlightenedwaistcoat]

You have 3 years to lodge an injury claim with the court so no great rush, just keep a note of everything (6 years for claim for damage to property).
Did you have your coccyx / lower back x-rayed?

I've just come away from the hospital. They don't xray the coccyx because it doesn't show anything but they can do other examinations and she did a full assessment today. Sadly the coccyx can take a while and whether bruised or fractured the protocol is the same. I like to think the years of weightlifting and squats I've done saved the day really 😂

The injury claim can wait if necessary - I just want my bike sorting. Btw I spoke to CUK and they no longer allow retrospective membership for legal advice.

 

[classic33]

I'd put getting myself right above getting the bike right. Nothing to stop you getting both done at the same time, just the bike can't feel anything whereas you can.

Not a criticism of how you're dealing with things, as it can help take your mind of what is hurting. And we all deal with things differently.

 

[Enlightenedwaistcoat]

I'd put getting myself right above getting the bike right. Nothing to stop you getting both done at the same time, just the bike can't feel anything whereas you can.

Not a criticism of how you're dealing with things, as it can help take your mind of what is hurting. And we all deal with things differently.

Yeah I know - it's hard when something I worked hard for has just been flattened by an idiot tho as I'm sure you realise! I'm just angry again tho - I spoke to the police cos they closed the case. Apparently the law was complied with because we both exchanged details. Nevermind the fact theres probably a case for driving without due care. I rang up and said so if I was a pedestrian and I was run over you'd say the same? 'yes' was the reply. I've submitted a complaint because this is a joke. Anyway - I need to step away from this for a bit before it consumes me. Thanks for everyone's kind words and advice 🙂

 

[Alex321]

Yeah I know - it's hard when something I worked hard for has just been flattened by an idiot tho as I'm sure you realise! I'm just angry again tho - I spoke to the police cos they closed the case. Apparently the law was complied with because we both exchanged details. Nevermind the fact theres probably a case for driving without due care. I rang up and said so if I was a pedestrian and I was run over you'd say the same? 'yes' was the reply. I've submitted a complaint because this is a joke. Anyway - I need to step away from this for a bit before it consumes me. Thanks for everyone's kind words and advice 🙂

There is only going to be a case for driving carelessly if there is independent evidence showing that, I'm afraid. If it is just your word against his, then a conviction would be unlikely

Even with an independent witness, it is still quite hard to prove.

When you get back on the bike, make sure you have some sort of video camera - a GoPro or one of the many cheaper alternatives. With video evidence (though of course hopefully nothing similar will happen again) it would be much easier to prove.

 

[classic33]

Are they aware the law changed nearly a year ago? There is now a clear legal hierarchy with regards to road users.

 

[tom73]

I think the good thing about Leigh Day and others of their kind (LD are not the only cycling/rta specialist, other solicitors are available) is that they specialise in this kind of thing so can hopefully make a more successful claim against the other party and achieve a better settlement than A.N Other general solicitors who just happen to provide a cover-all type of service to your home insurer or car legal protection provider.

^^ this it's a special area of claims best to go with someone who do this day in day out. Contact them get some basic advice and see what they say even if you don't use them it will give you an idea if it's worth going though with.

As for statements be detailed, but clear in what your saying, include as much information as you can but stick to the facts. What you think happened, may have happened or going on what others have said. Don't come into it, it's your view of events and what actually happen at the time. Worth also getting the weather information for the time of the accident and including that along with other evidence to support your claim. Which you sound to be keeping already.

 

[roubaixtuesday]

Fair enough. If I was to not go down the solicitor route, but still want to claim for the damage on the drivers insurance, what's the process? Is it something my home insurance can sort for example if I have legal cover?

Get a solicitor. Lots of no win no fee people out there.

But get a solicitor. They know the process and the car insurance company will happily screw you over without a second thought if you go direct to them.

I had a very similar situation to you and settled for double what the insurance company originally offered.

Get well soon.

Oh, and did I mention that you should get a solicitor?

 

[Enlightenedwaistcoat]

Are they aware the law changed nearly a year ago? There is now a clear legal hierarchy with regards to road users.

I don't think they know much at all. Absolutely useless.

 

[boydj]

If there is an agreement on liability, you should be able to get a fairly swift interim payment for the damage to the bike and clothing, while the medical issues will take time to resolve and the resulting compensation even longer to be agreed.

 

[Alex321]

Are they aware the law changed nearly a year ago? There is now a clear legal hierarchy with regards to road users.

The law didn't change.

The highway code changed, which is guidance, not law.

And the law on careless or inconsiderate driving is still exactly as it was then, and still requires sufficient evidence to prove beyond reasonable doubt (to a magistrate).