Advice please - accident claim (grey zone)

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Joe K

New Member
Hi all,

I was involved in an accident in London in April 2016 and am seeking some advice in regards to my ongoing claim.

A car drove into me from the back while I was stationary at a junction at a red light, within the bicycle designated area (the accident was caught on traffic CCTV). While at first all I experienced was back and neck pain, after 2-3 weeks I woke up one morning with reduced sensation of most of my left leg, and hardly any of my left ankle and foot. I lost the ability to flex and properly control my ankle which resulted in a 'foot-drop'. Things remained this way for about 5-6 months, before I gradually started regaining sensation, however the foot-drop and lacking ankle control pretty much remained as they were (possibly a minor improvement, but not one which changes functionality). I've been to numerous neurologists, specialists and tests, they found minor nerve damage, however there is still no conclusive diagnosis as to why the foot drop persists. I've also undergone physiotherapy but no improvement. I can walk ok, but with a slight limp and a foot-drop.

Now, I have a history of depression, but at the time of the accident I was managing it pretty well and doing fine. One of the main factors in improving and sustaining my mental health was sports - I've joined a basketball team 2 years prior to the accident and have been training/competing 2-4 times a week. Aside from keeping active, I very much benefitted from the structure it provided me with and the social aspect - I made new friends and personal connections which I was very much lacking while being depressed. You could say it was break through in managing my depression and has significantly changed my quality of life. Needless to say - after the accident it all had to stop as I couldn't run/jump in a safe manner.

This has led to a deterioration in my mental health. I became severely depressed (with all that comes with it, including suicidal thoughts etc) and withdrew back into isolation. They had to supplement my medication and unfortunately I'm back in the care system. It's now 1.5 years later and I'm still trying to break out of this situation and pick my life back up, but anyone familiar with mental health issues would understand it's not that easy unfortunately.
**I do not suffer from PTSD, however.

I wasn't working at the time of the accident, I've been in receipt of benefits. But when it seemed I was doing well and the potential of getting back into employment was tangible, that has now diminished drastically. I'm struggling.

The accident wasn't catastrophic, there were no broken bones or hospitalisation, and physically I can pretty much lead a normal life - albeit with a minor limp, a foot-drop. However, it did change my life dramatically and sent me spiralling down mental-health wise.
**both my medical and mental-health undergoing are well recorded/documented.

I understand my circumstances are somewhere in the grey zone when it comes to compensation, it's also the first time I've had to deal with solicitors or insurance claims (when the accident happened all I wanted was my bike fixed, it didn't even occur to me to go down this route. It's only when the driver refused to pay the repair bill - a mere £150 - that I realised I should take legal action), so I'd really appreciate any advice.

My solicitors have informed me they've received a Part 36 offer from the driver's insurers of £15,000. This is the first offer made (about a year into the claim the defendant admitted liability and I received £1000 towards any future compensation). I was explained by my solicitors that should I refuse the offer, and the final compensation sum is equal or lower than the offer, I may be liable for both my legal costs (currently 'no win no fee') and the defendant's as well.

Can anyone please give me some advice regarding what would be a reasonable compensation sum in my circumstances? I'm pretty clueless. I have no intention of being greedy or milking this to the max, I just want what I deserve. But again, I don't have any reference for these sort of things.

I admit I felt it should be more, but I may be mistaking. I'm also wary of the possibility of having to pay legal costs if I refuse the offer and end up with the equal/lower sum as that will leave me with nothing. Does anyone have any experience or advice about this juncture?

Thanks in advance, any input would be much appreciated.

Joe (35yo)
 
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Slick

Guru
Mm, I would be very careful of listening to well meaning advice from the internet and concentrate my attention on my solicitor. Totally different circumstances, but my solicitor told me for months and months we had a stone wall case then the night before it was to go in front of a judge, happily chirped in with the pearl of wisdom that on the day, it could go either way and was all very dependent on the judge. I wished he told me that before I knocked back the 3rd offer but fortunately for me they came across with a 4th offer just an hour before it was due in court which I gratefully accepted. Everyman has his price, only you know what that is and what risks your willing to take to achieve that.

Sorry to hear of your mental issues, I've no personal experience but others close to me have and I know it can't be easy. I also know that depending on where they are at the time, their decision making ability can be seriously affected. Think carefully before committing to anything.
 
OP
OP
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Joe K

New Member
Thanks Slick.
Yes, I won't be committing to anything standing on one leg, and of course I'll be consulting with my solicitors before making any decisions. I'm just hoping to get some input from others so I have some points of reference, both in terms of sums and in terms of legal proceedings.
 

alicat

Legendary Member
Location
Staffs
Welcome to the forum.

Are you using 'no win no fees' solicitors - if so they will be quick to let you know when you have got as much as is reasonable.

You have a permanent injury and ongoing mental health issues - they need to be taken into account. All you can do is ask your solicitors where they think the offer sits on the scale of a reasonable offer and whether they think further offers will be forthcoming. They should be able to give you an idea of what cases with comparable injuries have settled for so you can see if you think the offer is fair.

I accepted £7.5k for a claim where I had 8 stitches in my head and bad bruising especially to my pelvis. I spent two days in hospital under observation. I have a permanent bald patch (fortunately covered by hair). I was about to finish a work contract at the time of the collision. I dropped out of an application for a much better paid job because I didn't feel up to it. Four weeks later I took a lower paid job that I otherwise would have turned down. I was much more sensitive to noise for quite a while and my memory was shot for years after. Seven years later I have made a full recovery except for the hair loss and a fear of roundabouts. Ironically the sympathy I got after the collision helped me get over a mild depression.
 

Cycleops

Legendary Member
Location
Accra, Ghana
I’ve really no experience of these insurance claims but I do know it’s a game of brinkmanship as Slick’s story testifys to. With all your ongoing problems it sounds like you should be due many times the 15k you were offered initially .
Unfortunately these things can drag on for a long time.
 
Regarding the legal costs of the insurers, check your home insurance. A lot of them have that cover in them. My solicitors asked to check my home insurance when they took the case on to see if I was covered.
You may also find that the home insurance will cover any success fee that your solicitors will charge you that comes out of your compensation. My first solicitors did not mention this, it was only when I changed to a different solicitors that they asked about that. In my case that is a siginificant figure, they can charge up to 25% and as the case has been valued at 650k, that is a lot of money to have to give away!
 

Arjimlad

Tights of Cydonia
Location
South Glos
Although I am a solicitor I don't deal with personal injury myself - all I can say as others have said above that you should seek, understand & rely on the advice of your solicitors on what is reasonable in your circumstances.

Are they able to make a case out for depression/mental health/psychiatric injury ? They should be able to explain to you, in writing, whether they can do so or not.

Your solicitors should be able to send you details of comparable claims or awards from various personal injury guidelines, Kemp & Kemp etc again in writing.

As Martin says, you need to understand the impact of the success fees on your damages.

Hope you feel better soon.
 

Drago

Legendary Member
This is a complex job, with far reaching health and financial consequences. You need someone properly qualified to advise you, and a good one at that, who can answer you queries with authority.

Good luck, and Godspeed.
 

spen666

Legendary Member
Why are you asking advice on a complex legal problem from a bunch of mainly unqualified people. You may as well ask the drunk at the bar.

If you have a lawyer, then ask your lawyer for the legal advice you require - that is what they are there for

If you do not have a lawyer, you need to instruct one ASAP and ask them these questions


If you do not understand the answers the lawyers give, then ask and keep asking them to explain it to you so that you do understand



PS I am a lawyer but do not practice in the PI field and would not profess to try to advise you one something outside of my knowledge
 

vickster

Legendary Member
Have you had reports prepared by all the appropriate experts including a clinical psychologist?

As above, only your solicitors can advise on the level of compensation.
 
My accident involved a Tiger not a bike but my understanding form it is .......
As others have mentioned you need to find out what is a reasonable amount for the compensation resulting from your accident.
Your lawyer should be able to tell you a rough max-min acceptable figure and how the amount offered relates to this.

My case was fairly straight forward as it was mainly physical damage not mental.
But it still took 5 years to settle, so nothing quick.

Luck ........... ^_^
 
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