Compensation Advice after crash

[leosayer]

Hello all,

3 months ago I was knocked off my bike, by a car. Fella just pulled out of a junction without looking and took me out.

He was prosecuted by the Police for careless driving. His insurance has accepted full liability.

I was karted off to hospital in an ambulance high on morphine.

I had a suspected cracked pelvis and soft tissue damage to my hip/knees as well as brusied shoulder/ribs/elbow. I was in a bad way for a week and couldn't walk at all. Off work for 3 weeks as i couldn't walk, but with crutches i gradually recovered. Had to Physio on hip and knees until recently. I still cannot walk for more than a mile with pain and then a limp.

Dr and Physio says be probably 6 months until I'm back 100%. Good news is that i'm back on the bike as it seems to help loosen me up in the joints somehow.

My question is that I was have been told by my insurance, that I should accept an offer of compo in the £1750 range + equipment etc. Is this a typical figure? I'm not too keen on the compo for everything nature of the modern world, but I feel that it isn't high enough. I was in my opionion in a bad way for 6-8 weeks and it really effected my life and still does (cannot walk far, no jogging, dancing or anything contact with my knees/hip)

His insurance offered £3K to make it go away and my insurance strongly advised against this. It seems that the low offer they now state to accept is based on an independent doctors report, that was no more than the doctor typing up a form that I filled in. Although accurate in some respects, I don't think that the form accurately described the whole effect it has had on me.

Has anybody any simiular off's and figures, just so i can compare.

I thought that commuters might have more accidents than most.

Any thoughts are appreciated

 

[Bollo]

Hi leo,

Most important first, I had nearly £3k for 'soft tissue damage' and a written-off bike. For your injuries + time off work + a new bike I'd expect much more. You're being fobbed off IMHO.

Are you dealing with his insurers through a solicitor? If not, I'd recommend getting in touch with a specialist solicitor pronto on a no-win-no-fee basis. Russell, Jones and Walker do a good job and represent CTC cases, but I'm sure they do non-CTC clients as well. Other solicitors are available - have a search on here.

Also have a look at jonny jeez's guide to commuting (the sticky thread at the top) - there's some more advice in there.

Lastly, take it very easy back on the bike and GWS.

 

[Lizban]

How much have you lost?
i.e. pay at work, bike etc etc
Add that up and ask for that would my approach - others will of course want more for the 'pain and suffering etc' but personally I'd just want my bike back and any lost £.

 

[gbb]

Hi Leo, glad you're (albeit slowly) recovering.
£1750 sounds pitifully small for what you've been through, TBH £3000 does as well.

As Lizban says, you've got to factor in all the costs, loss of earnings, damage or loss of your bike, even clothing (which we all know can be expensive) if applicable, expenses...thats before you start on your personal injuries.

I cant profess to know all the ins and outs, but my understanding is that compo isnt often paid out until the long term extent of injuries is known..and if they do, you need to make sure that you can go back IF things dont go well with your recovery. They'll often make a payment, but once paid....thats it.

I know what you mean about the claim culture that exists nowadays...but you (i would anyway) should understandably expect whats due. You've been through the mill.

 

[asterix]

Sorry to hear of your being knocked off.

It's up to you, but I would involve a solicitor. The CTC offer a service to members which can obtained by joining after the incident as bollo says. I used them for my incident which was serious and RJ&W handled it very well with their specialist knowledge. You will pay only the membership fee.

Like you I had no idea how to go about such things and found RJ&W's help indispensible. Trying to do it myself would have made a nightmare far worse, in fact it would have been impossible.

 

[fossyant]

First off, in no way settle for PI yet - you aren't recovered. Get them to pay an interim payment for damaged bike/property and any expenses incurred.

The independant report will be just that - but three months is way too quick to settle. I've had a similar report done, and a further one from my more recent medical reports. They are pretty blunt, but don't go into how these things affect you - it's supposed to be independant, i.e. not to sway to either side. That part of the claim is upto you to stress your problems with your GP/Specialist and the Solicitor. Are you looking at a full 100% recovery from your injuries ?

I spent about 6 months on physio (private as advised by GP) to keep me riding and aid recovery. Liability was admitted immediately, damaged equipment settled, but it's almost 2 years since my accident, and I have permanent damage to my shoulder. My claim isn't yet at the stage of listing injuries and long term effects and passing these to the thrid party.

If you haven't got your 'losses' paid for yet, then expect to have to sit it out and monitor how you recover. Have you had any MRI scans or are you under an orthopeadic consultant still ? - I'm still seeing the shoulder specialist with a view to get it operated on, but it took way over a year to get my shoulder MRI scanned, having had my spine done first (still took six months to get that).

Also is your solicitor experienced in cycle claims ? My solicitors, Leigh Day, act for British Cycling, and are fully aware of the impacts these things have on your life.

PS - Good Luck, and don't settle until you are sure of your recovery.

 

[DrSquirrel]

I got £4000+ once (car vs lorry), without even trying, and not even a trip in an abulance (although attended later that evening). You're being fobbed off good and proper.

Thing is, something like this can catch up with you in a few years etc and quite easily affect the rest of your life.



+1 CTC

 

[leosayer]

Many thanks for all your replies.

I might not have made myself clear, I have solicitors (irwin mitchell). These were in the booklet that I was given by the police when they attended. I figured that they would be able to get all the required documents out of the police if they were linked.

They are the ones who are telling me that they I should settle for a figure of £1750. Thats why I'm a bit surprised at the figure, as the fella who knocked me off insurance offered £3K to make it go away.

I think i'll take your advice and take the Interim payment to cover the bike, clothes etc and wait on the PI.

I'll also write a letter to my solictors and explain in detail what I believe the injuries are and the impact it has on me. It was all done over the phone at the start with them and I haven't heard much since.

I never used to agree with claim culture and just wanted my stuff that was broke fixed/replaced. However, after you find that it has effected your life for 3 months and you still cannot walk a mile without pain and a pronounced limp for a couple of days, you change your mind a bit.

Many thanks for all your advice and comments

 

[DrSquirrel]

I know Irwin Mitchell.

Avoid++

 

[leosayer]

Dr

Don't tell me that!!!!!

Are they that bad?

 

[fossyant]

I'll also write a letter to my solictors and explain in detail what I believe the injuries are and the impact it has on me. It was all done over the phone at the start with them and I haven't heard much since.

That's why the offer is low - they think you are OK. As you've had little contact, they will be thinking this is a minor soft tissue injury and you have recovered as normal - £1750 is OK as an offer for those injuries, but not if you have on-going problems.

You must update your solicior on a regular basis - I'd say I've kept mine up to date every couple of months, also let them know hospital and GP appointments, and the outcomes/advice.

I would advise going back to the GP as well to see what they can advise about the 'walking' trouble !

Make a detailed log of what you can and can't do. You have a legal right to be put back to 'pre-accident condition'

 

[Amanda P]

A bit of a side issue, but what are the Police doing handing out leaflets advertising solicitors? A leaflet with advice on how to pursue a PI claim is one thing; leaflet suggesting or advertising a particular solicitor seems very dodgy to me.

Meanwhile, I have to agree that £3K is way too little for what you've been through and are still going through. Find a solicitor who knows what they're doing. And all the best with your recovery.

 

[asterix]

I might not have made myself clear, I have solicitors (irwin mitchell). These were in the booklet that I was given by the police when they attended. I figured that they would be able to get all the required documents out of the police if they were linked.

They shouldn't be any better able to get such docs than other solicitors. It seems very strange to me that the police should recommend a particular solicitor! In such a situation I wouldn't even be reaching for the nearest bargepole.

In my case the compensation was such that it made the cost of a new bike look like small change. That said, the effects were serious and life-changing. What I would do in your situation is to just pick up the phone and speak to a solicitor that specialises in cycling accident compensation. A good solicitor will arrange medical checks and reports for you.

 

[postman]

Are you in a Union at work .If so contact them ,also contact C.T.C .

I always tell people to join the CTC if only for the insurance cover .Y ou never know when .And when has just happened .

I hope you soon fully recover but do not be taken in by the first offer .

All the best .

 

[Alien8]

If you do decide to change solicitors I can recommend Alyson French & Co.