Accident claim advice

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bluepeds

Senior Member
I was involved in an accident with a London bus nearly 3 years ago which I posted here not too long after it happened and have been dealing with one of the 'no win no fee' law firms since.

To briefly describe what happened, I was deliberately barged by a driver of a double decker bus on my commute home into another cyclist where the bike was then written off after the driver went over it. I sustained injuries, ended up in A&E, was off work for several days, and have had to commute by public transport ever since the accident in November 2014. This of course has incurred costs from my own pocket since I didn't have a bike to commute. It took just over 8 months for me to get back to normal health.

The solicitors have been very slow, and I have had six different people look at my claim due to people leaving or other reasons which I'm not happy with, since the new person has had to go through the file again and again.

Nonetheless, a new litigation exec is now onboard wanting to put closure to the case and resolve a settlement with the bus company as it's reaching 3 years.

The bus company admitted liability towards the end of 2015 after I attended court along with a witness who was on the bus at the time. The bus driver was fined and disqualified from driving although he failed to turn up, and no representation was made on his behalf. The bus company also fired him after receiving information from my witness.

The interim payment for the replacement of my bike was only received in April of this year, meaning that I'm aiming to provide commuting expenses until then, which amounts to a near £4,000. This does seem excessive although I had no alternative to get in to work to London.

The solicitor has now said that the bus company insurers will look at this figure and the likelihood of the commuting costs be paid out to be null. She has said that I should have kept my costs down to a minimum under the RTA protocol to which I disagree. She also stated that the insurers will ask why I never took a loan out or borrow from friends and family to purchase a bike any sooner. This I find ridiculous as I was in the middle of buying a house and would never request money from others.

I also incurred other costs which the solicitor has said I would not have a chance in receiving compensation for.

My opinion is that if I've incurred costs at no fault of my own, and the interim payment only arrived this year, why would my expenses to get to work not be paid or a substantial portion be paid.

I'd appreciate any advice on the above which would help replying back to the solicitor.

Many thanks. P
 

classic33

Leg End Member
You could have hired a bike, it's what I did, in an attempt at keeping the job. Cost of this was included in the claim. Your means of transport was removed from you, and following the incident why would you have been expected to be able to cycle in the days after. It may have been impossible for you to travel by any other means than public transport.

Taking out a loan to replace what had been written off, is a highway to nowhere(personal opinion).

Were you able to keep a record of what you spent, monthly travel pass/card used? Check with your bank if it was paid for by card(debit or credit), they'll have records. If I'd to supply a similar figure, quick calculation gives me £3200 for a two month period. All travel would have had to be by private hire in that period, to and from work. No public transport to an out of way place at odd hours.
 

alicat

Legendary Member
Location
Staffs
Sorry to hear what happened to you.

You do have a general duty to mitigate your losses ie once you had recovered from your injuries buy or hire a cheap/secondhand bike to get you on the road again. IMHO your solicitor is right and on your side, even if you don't find the advice palatable.
 

Drago

Legendary Member
A good solicitor would have advised you of all this before you'd shelled out on other transport arrangement. You're getting what you paid for I'm afraid.
 

vickster

Legendary Member
Presumably you're claiming for the injury which should offset some of the costs?

Was your travel £4000 for 8 months, the time you said you were recovering?

As others, not sure why you didn't get a bike sooner even if you were buying a house? You should have asked the lawyers about the travel rather than assuming, indeed I would have expected it to be in the legal paperwork you signed?

If you think you were misled by the solicitors, you could complain but I expect you're on a hiding to nothing
 
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bluepeds

Senior Member
Thanks for all the replies.

The various paralegals, litigation execs etc who have been dealing with the claim over the last few years didn't clarify the commuting costs and simply advised to keep any receipts etc. I asked several times to when I can claim for, whether it was until I was back to being fit (8 months from the accident) or until I receive payment for the bike. I was informed that it would be until I receive the interim payment for the replacement cost of the bike, which in the end was April 2017. A cheque had been sent out 6 months prior, but it was sent to an incorrect address as the solicitors failed to record it correctly. The current paralegal is now saying different and I wouldn't be able to claim the full period. The draft claim states just under £200 travel expenses which doesn't even cover 1 month. I have no idea where they got this figure from.

The near £4,000 travel expenses are from November 2014 to April 2017 and have provided a detailed statement for the period from the Transport For London website of my itemised travelcard journeys to and from work.

When I was buying my house I was keeping any debt to a minimum, avoid any big item purchases, loans etc as advised by my mortgage broker due to personal circumstances, and for me to be able to acquire the mortgage required for the property. Yes I could have spent money on a new bike but I wasn't willing to risk a decline or lower mortgage.

The injury claim is separate to the losses incurred.
 

Drago

Legendary Member
Mind you, you could perhaps argue that you were medically unfit to cycle during the recovery period, and that's why you had to pay out for the bus/taxi/chauffer service. Those expenses therefore arose as a result of their clients behaviour, which caused you to be unable to cycle. That's the tack I'd try.
 

vickster

Legendary Member
Mind you, you could perhaps argue that you were medically unfit to cycle during the recovery period, and that's why you had to pay out for the bus/taxi/chauffer service. Those expenses therefore arose as a result of their clients behaviour, which caused you to be unable to cycle. That's the tack I'd try.
For 8 months not 3 years though?

I don't see how the injury claim is separate from the cost incurred - you say the costs are as a result of the injury. The medical experts need to say that you were unable to cycle for that whole period due to the injury. Otherwise, I can't see how you can justify claiming the £4000, just because you didn't have the funds for a stop gap bike? Regardless of what you may have understood

Why didn't you query where the cheque was for 6 months, presumably you were informed it had been sent?

Hope you get some of it sorted
 
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classic33

Leg End Member
If you have the first date they gave you, date of interim payment, in writing/e-mail/text messsge, return a copy stating that you were following the advice as given by those acting on your behalf. Which given that it's the same company, might make things awkward for them.
 

Drago

Legendary Member
For 8 months not 3 years though?

I don't see how the injury claim is separate from the cost incurred - you say the costs are as a result of the injury. The medical experts need to say that you were unable to cycle for that whole period due to the injury. Otherwise, I can't see how you can justify claiming the £4000, just because you didn't have the funds for a stop gap bike? Regardless of what you may have understood

Why didn't you query where the cheque was for 6 months, presumably you were informed it had been sent?

Hope you get some of it sorted

I don't know how quickly he recovered. I've still got Ti in my arm 9 years after breaking it, so injuries don't always heal to the convenience of insurance companies.
 

vickster

Legendary Member
I don't know how quickly he recovered. I've still got Ti in my arm 9 years after breaking it, so injuries don't always heal to the convenience of insurance companies.
He says 8 months in both of his posts to be back to pre accident health. Presumably that is also noted in the expert medical reports which both sides will have

Not sure why it’s taken so long if that is the case, the other insurers paying silly buggers (and his own solicitors being less than effective maybe)
 
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Drago

Legendary Member
Q. And have they yet provided him with the wherewithal to replace his bicycle?

A. Not yet, it seems, as this interim payment has yet to make it to his bank account. Indeed, if the solicitors sent it to the wrong address and he's continued to incur travel expenses because he hasn't received it then the solicitor is liable for their fluff up.

So how else does he get to work now his means of transport has been damaged?
 
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classic33

Leg End Member
One thing that this thread has highlighted is the need to go through a solictors that is used to dealing with these type of incidents.

I'm not knocking Bluepeds on this, I started through one myself. I got fed up of the conflicting "advice" being given and moved to a second solicitors, who were used to such incidents.
 
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