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Bike accident? No win no fee lawyers - any recommendations or avoidance?

Discussion in 'General Cycling Discussions' started by Bonacentral, 19 May 2017.

  1. Bonacentral

    Bonacentral Guest

    As title.

    In 2013 I got wiped out by a driver who turned left at some traffic lights, foreign driver, I was in bike lane going straight on. Right of way just didn't check his mirror at all. Resulted in me having to swerve and hit the back of his car going a55 over t17 and snapping my wrist in half. 18 months recovery.

    After accident and in shock the guy didn't give me his details, just a mobile and reg.

    Long and short, after over 3 years and him and his insurance company denying all responsibility I have been offered a reasonable amount.

    After nearly 4 years, loads of expert opinions and legal fees. That my no win no fee lawyer will have pocketed.

    Anyone else have any information about these lawyers and success?

    I certainly wouldn't use the company recommended to me by accident help line now!

    And before anyone jumps in - I was told by the hospital that my snapped wrist would take 6 weeks to heal!! The guy wrote my bike off, that had just been completely upgraded and serviced. Offered me £150 - which didn't even cover the repairs labour.

    Went from arguing fault to eventually, after over 3 years, deciding not to contest!

    Bit pointless being honest and posting this or my opinions - most people seem to know better as to what happened and misquoting the law.

    If there is an offence for calling 999 it is not made clear here. If you have been knocked off your bike stay down and call 999 - That's my advice ....

    Shouldn't of been honest! According to the majority on here if you get knocked off your bike do what I, stupidly did, get up when injured and don't bother calling 999......
     
    Last edited: 19 May 2017
  2. vickster

    vickster Legendary Member

    Location:
    Sutton
    My ongoing case is being handled by Leigh Day through British Cycling membership - their fees will be totally separate from the payout I'll eventually get

    I personally wouldn't use ambulance chasers off the the TV or from a cold call!

    It's not at all clear (to me) from your post if you did eventually get a sensible settlement for the wrist or not?
     
  3. Bonacentral

    Bonacentral Guest

    Sorry. Yes I did, EVENTUALLY!!

    After nearly 4 years and SOOOOOOOOO much hassle. Guy admitted responsibility hence his initial offer of £150.

    It was only after my wrist was in no way fixed after 6 weeks, as told by student Dr in casualty - didn't have a clue - and that a relative told me about these lawyers that I even tried.

    The sad thing is that I am not a fake claimant like these "whiplash" victims. Wanted it done and dusted. Unfortunately he and his insurance company really dragged it out. For over 3 years!!!

    Major lesson learnt. If you can use a bike cam. If not - DO NOT MOVE - even if you are fine and holding up traffic. Stay prone. Insist on emergency treatment - police and Ambulance. There is then a record of it - and it also compels traffic to stay there.

    Insist on a breath / drug test of the driver and access to their phone records. Summon any traffic or CCTV camera footage and insist that any other drivers - especially at a 4 way traffic light - make a witness statement and are also subjected to drug / alcohol tests.

    LOL - Sad isn't it - that people aren't honest or are too busy getting to work or off their heads or hate cyclists so much and can't spare 10 minutes. That's life and a major lesson learnt!!

    My accident happened at a 4 way traffic light in rush hour. I thought I was OK and was wary of getting run over and holding people up so moved out the way to help these motorists. BIG mistake. I should of stayed in the middle of the 4 way lights on my back.

    That's what you get for being considerate!!! DON'T do it!!!
     
    Last edited: 19 May 2017
    Tin Pot likes this.
  4. Slick

    Slick Über Member

    I keep these guys business card in my wallet. I assume that there will be a UK variant if you are on the wrong side of the wall.

    http://www.cyclelawscotland.co.uk
     
  5. vickster

    vickster Legendary Member

    Location:
    Sutton
    I had no issue, the driver admitted liability immediately, no cam needed - over 3 years ago...it's the slow wheels of the legal system (and medical system) that's holding mine up. It was all handled impeccably by the Met police too at the time
     
    Tin Pot likes this.
  6. Drago

    Drago Guru

    Location:
    The middle bit
    Why are you advising people to abuse the emergency services in order to protect your position as a victim? Someone could die waiting for an ambulance that never comes because a rider is worried about maximising the chances of a payout.

    Its an offence to make a false report to a 999 service, you shouldn't really be advising people to break the law for that sake of financial convenience.

    It's not up to you whether the police alcohol or drug test a driver - the legislation covering the situation at hand determines that.

    CCTV footage is a DPA issue, its not up to you to determine what the police are able to access. Many major organisations won't release their CCTV of ANPR car park data to the police for anything shirt of a murder, and you certainly won't get it for minor injuries.

    Ditto, mobile phone subscriber date requires a RIPA be authorised, and that will not happen unless a death or life changing injury is being investigated.

    Moral of the story for the rest of us - only take legal advice from someone qualified to give it. Dont risk getting yourself reported for summons at the scene for making a false report, causing an officers time to be wasted, or obstruct police. I have done it - only once, but I did it nevertheless...
     
    Last edited: 19 May 2017
  7. Bonacentral

    Bonacentral Guest

    That's lucky if the driver has admitted liability without contesting. Glad you got yours sorted but still seems like a ridiculous time if you have been waiting 3 years and driver admitted liability?!!

    Mine didn't!!
     
  8. vickster

    vickster Legendary Member

    Location:
    Sutton
    It's because I'm not recovered - the last surgery was only in December :sad: It takes forever for medical records to be provided [I believe hospitals have up to 3 months to provide], then to see experts and for them to report (I'm told slow is normal)
     
  9. Bonacentral

    Bonacentral Guest

    Seems stupid - especially when it's all digitised! Bit like this post,

    "Why are you advising people to abuse the emergency services in order to protect your position as a victim? Someone could die waiting for an ambulance that never comes because a rider is worried about maximising the chances of a payout.

    Its an offence to make a false report to a 999 service, you shouldn't really be advising people to break the law for that same of financial convenience."

    A bloke posting on a cycling forum - snakes from the inside eh?!

    Did try to make my post clear. Wasn't about £ - but had a serious accident and got completely buggered about. I'd do things differently if I got hit by a car again.

    Depresses me when people like that post on a cycling forum - missed The Mail....
     
  10. Drago

    Drago Guru

    Location:
    The middle bit
    I can read. You're advising people to commit offences to ensure maximum advantage to themselves. I have reported someone for summons for doing exactly what you are advising.

    No one is trolling. Encouraging people to commit offences should be challenged.
     
    Ajax Bay likes this.
  11. Bonacentral

    Bonacentral Guest

    Definitely not you then?
     
  12. vickster

    vickster Legendary Member

    Location:
    Sutton
    My hospital notes are on paper mostly actually. And they aren't I believe allowed to email medical records for data protection/confidentiality reasons so they have to be printed and scanned. My notes run to over 500 pages, thus it's slow
     
  13. Drago

    Drago Guru

    Location:
    The middle bit
    Laying in the road when completely unhurt, solely to ensure the attendance of the emergency services, is an offence.

    I have sent someone to Court for exactly that. Do not do it. Do not encourage others to do it.
     
  14. vickster

    vickster Legendary Member

    Location:
    Sutton
    He's an ex copper.

    Why not just stick him on ignore? ;)
     
    Last edited by a moderator: 19 May 2017
  15. Tanis8472

    Tanis8472 Über Member

    Location:
    Boston
    I think you need to calm down a bit. Drago is an ex police officer. He knows a fair bit about what you call trolling.

    Anyway, welcome to the mad house
     
    Last edited by a moderator: 19 May 2017