Been hit by a car whilst riding in a cycle lane...

[vickster]

I'm using LeighDay through British Cycling. As yet, they've not had to do any negotiation so I do t know how it'll play out of course. I'm dealing with a paralegal, she's fine although I assume if things get sticky her solicitor boss will get involved as required

I guess a damaged bike is easier to value than a damaged body

 

[classic33]

Actually, it's the exact opposite. They tend to make early offers in the hope you'll settle for less.

So a first offer of £70 is high then?

That's having denied it ever happened in the first place.

 

[classic33]

Try reading what I posted...

I did do, and replied with the first early offer made to me.

 

[Pumpkin the robot]

My case is about 15 months old now. I was off work for 51 weeks and have been on a phased return for the last 3 months and I am nearly back to working a 40 hour week, although nowhere near as quickly as I thought it would take to get to that point.
Getting interim payments was like getting blood from a stone. While I was off work I got 5 payments totalling 20k that will be deducted from the total payout at the end. The finacial worry has been one of the hardest parts of the whole process. Not knowing when the next payment would arrive or how much it would be (the payments varied from 2k to 6k) was a nightmare as I am the only earner in our household. Luckily I do not have a mortgage or loans to pay or it would have been even worse! I hate to imagine how people survive in that situation when there is no money coming in.
The injury is not healing as well as I or the physio and that will only drag the case out. At least now I have an income coming in that I can live on and keep our heads above water, but I do not expect the case to be settled for a year or two yet and still have no idea what sort of value the final payment will be.

 

[vickster]

Yes, which was low in the hope you'd accept and settle quickly. That's what I understood from @User

 

[classic33]

You've got it - but classic33 seems to have a problem with basic comprehension.

So £90 is high then? Final offer

 

[classic33]

It's higher than £70 - or is basic maths an issue for you too?

So you'd be happy with less than 5% of the cost of damage caused. Basic maths requiring a yes or no answer.

 

[vickster]

No offer has been made to me beyond the original £1000 after about a month which was less than my loss of earnings

@Martin Archer my understanding is that lost salary is separate to any payment for personal injury so unless the amount received exceeds your loss of earnings and expenses, the final settlement for the actual injury will be paid on top. So the 20k won't be deducted per se, it just won't be included in the figure paid. There are bands for certain injuries based on historical payouts etc as I understand it, your solicitor should be able to give you an approximate ballpark of what they will propose as a settlement. What you will end up with depends on the other party and what you'll accept

Just found this again, gives a vague indication of the ranges of PI payouts

http://www.bottonline.co.uk/guides/how-much-compensation-claim-for-bicycle-accident#TABLE

 

[vickster]

You've got it - but classic33 seems to have a problem with basic comprehension.

In personal injury cases you should avoid settling early as you only get one bite of the cherry (except in very specific circumstances where a court may allow a second claim). Insurers make a low, early offer in the hope you'll grab it rather than fight them. For example, in my case, they made offers in the first couple of years ranging from £1,000 to £7,000 ... before settling on the courtroom doorstep for over £25,000 after three and a half years.

What injury did you suffer?

 

[vickster]

Ouch! You were right to hang on

 

[Pumpkin the robot]

I am still quite a bit short on the wages front. They calculated what I received in wages 3 months prior to the accident and averaged it out for a week. As I am still not doing a full week or any overtime, the total is rising every week. The payments have not specifically been for wages, they have just said it is to be deducted from the final settlement.
At the moment, although I am working, it is hard. I am in pain for about 80% of the day. Its the same when I cycle, I can do the 100mile rides now, but I am in pain for most of it,where as before the accident I was happy to 200 mile rides without any problems.
I will not continue with the physical job I do at the moment for the next 25 years if I am going to be in pain and will have to look for an alternative occupation.

 

[PK99]

@Martin Archer my understanding is that lost salary is separate to any payment for personal injury so unless the amount received exceeds your loss of earnings and expenses, the final settlement for the actual injury will be paid on top. So the 20k won't be deducted per se, it just won't be included in the figure paid. There are bands for certain injuries based on historical payouts etc as I understand it, your solicitor should be able to give you an approximate ballpark of what they will propose as a settlement. What you will end up with depends on the other party and what you'll accept

Just found this again, gives a vague indication of the ranges of PI payouts

http://www.bottonline.co.uk/guides/how-much-compensation-claim-for-bicycle-accident#TABLE

the numbers in there accord pretty well with the payment i got following smidsy a few years ago - total 10k-ish for soft tissue back and knee injuries - recovery within a few months

 

[Milkfloat]

The driver in my case pleaded guilty in the criminal case but the insurance company are still playing silly buggers.
It took them a full year to pay an interim payment for part of the bike repair cost (they haven't paid the full repair cost) and they are challenging absolutely everything even down to bus fares in the time I was too injured to ride.
Now 15 months on, solicitor says it may take years.

Every time they challenge anything simply add more costs on for your time, tell them you will do this as will you solicitor.

 

[TheJDog]

Severe fracture of the right clavicle, dislocated right AC joint, dislocated right shoulder, fracture of C7 vertebra, crushed brachial plexus on the left and torn brachial plexus on the right.

Left with reduced range of motion in neck and right shoulder. Half the right clavicle had to be removed as it had shattered, and my right shoulder blade is permanently out of alignment. I have nerve damage in both arms, with permanent loss of sensation in two fingers on the left hand and pins and needles in the right. I've also got a permanent loss/reduction of sensation in part of my chest and issues with axillary nerves and sweat glands. I also have problems with fine motor coordination in my right hand.

I also have some pretty impressive scars from the surgery and I glow faintly from the amount of ionising radiation I was was exposed to....




That last bit might be a slight exaggeration.

£25k is small beer for all that. I got £12k 20 years ago for having a part of my ear bitten off. Maybe criminal compensation cases are slightly different...

 

[adamhearn]

Hi, some really good points being raised and I get there are 2 sides to the argument. I did hit the rear left hand side of the car but the speed at which she pulled into the driveway suggested she did not attempt to check the lane and I really had no chance of avoidance.

In my opinion you were partially to blame. Given when the impact was the vehicle was in the lane prior to arriving so either you were not paying attention and potentially too fast. I'm sure that's not what you wanted to hear but that's how I read the situation and if it were two vehicles I'd expect a 50/50 claim.