get a solicitor having been in collision with car?

[bbbbbbbbbbbbbbbbbbbb]

Hello,

I was in a pretty serious collision with a car a few weeks ago. Fractured hip and ribs, operation on hip, etc. I've been communicating with the police, they contacted me after the collision. I've yet to make a statement, that will happen soon. Don't remember it at all, three hours or so missing memory surrounding it. From what I've been told about the collision, I think I was actually lucky not to have been even more serious. I've been told by the police it occurred on my side of the road, and it was the driver's fault, not mine -- I think that's unequivocal. The police officer said he is intending to prosecute the driver for driving without due care -- something like that.

Brake (road safety charity) have been in contact to arrange counselling/support. In the phone interview about that I was asked if I have a solicitor, which I don't, she said she'd include some info in the summary email if I want. This is the bit from the email:

Brake works with a panel of legal professionals which offer support to individuals and families following collisions. Each individual area works with a legal partner, who has an agreement with Brake to offer support to individuals and families and can work in conjunction with your allocated Caseworker. For your convenience, we have listed the contact details of the legal firm local to your area that works with our service:
...
...
You are not obliged to go to that specified legal firm and have other options and choice. You can use online search tools to find a Solicitor outside of our legal panel to support. You can see a full list of our legal panel, and how Brake works with these organisations, on our website; brake.org.uk/how-we-help/get-help-if-a-crash-victim/legal-support

So, should I get a solicitor? I have zero idea about that sort of thing. Any thoughts/experiences/knowledge/advice anyone can share? Thanks.

 

[Gillstay]

Yes I would do so. I used Mr Tim Wolford at Osbourne, Morris and morgan at Tring. Super chap who nailed it all the way through and who cared that the claim was done correctly and it took as little toll on me as possible.

 

[wafter]

Yes.

 

[oxoman]

Definitely get a solicitor that preferably is experienced in these kind of claims and nail the individual. Not sure how it works insurance wise if the driver is being nailed by the police for undue care and attention. Eitherway glad your still with us and on the way to recovery. Good luck on a full recovery and getting suitably compensated.

 

[fossyant]

Leigh Day are a well known cycling solicitor and many of us have used them.

I assume you've either had your hip pinned or totally replaced. It's a serious injury (did mine on ice 18 months ago).

 

[classic33]

Have a read of Accident Advice on here.
For some advice on what to do.

A post combining similar advice given on here, largely from people who've been through similar.

But as said, a solicitor who is familiar with dealing cycling incidents.

 

[PaulSB]

If you're looking to persue a claim for your bike, kit etc and/or Personal Injury you will need a solicitor.

Are you a British Cycling member? Probably not as you posted the question. If you are with BC let them handle it. If not the BC solicitors are Leigh Day who have a great deal of experience with cycling related claims. They understand cycling, at one point I discussed the relative merits of Garmin v Wahoo with my case worker. The LD Manchester office works with BC.

In my experience LD are very good. My claim for PI took 14 months to be assessed and paid. You will meet many "independent" specialists who will give you a cursory medical check. My only concern over LD is I felt my claim was undervalued. I wasn't chasing money but wanted something fair. I asked LD to increase the claim value by 50%. The other party agreed in days, the value was obviously too low even with the 50% lift.

You don't mention witnesses. Try to find some, presumably via the police. Don't place much faith in the "due care" prosecution. A tractor driver hit me from behind at 30+ mph. He got due care and was offered court or a driver awareness day! Guess which he took?

The prosecution alone may not be sufficient to establish responsibility when it comes to insurance claims.

Good luck.

 

[Drago]

If you havent already done so, write down a detailed account of the event NOW! Every day you leave it undermines your recall and credibility of the account.

Include lighting, levels, weather, road surface condition and wet/dry, time, obstructions to view, etc.

And then get a solicitor. Not essential, they put their trousers on one leg at a time like everyone else, but a good solicitor specialising in road incidents will simply have experience we dont and will know where the landmines lay.

 

[Emanresu]

Not wishing to hijack the thread, a friend on mine had an OTB into the windscreen of a car. I'd like to refer him to Brake but have a concern that a) he has PTSD (veteran) and rarely remembers anything in the last 10 minutes and b) hasn't a lot of cash to pay a solicitor.

Are Brake pro-bono?

 

[PaulSB]

Not wishing to hijack the thread, a friend on mine had an OTB into the windscreen of a car. I'd like to refer him to Brake but have a concern that a) he has PTSD (veteran) and rarely remembers anything in the last 10 minutes and b) hasn't a lot of cash to pay a solicitor.

Are Brake pro-bono?

My LBS, I have great faith in them, suggested I contact CAMS. Recommendations from my LBS are usually spot on but I didn't feel comfortable with CAMS. After a long conversation with them my impression was they're ambulance chasers. They do have a strong reputation so that may just be me. CAMS are no win/no fee but the win will take 30%!!!!

CAMS | Cycling Accident Support | Keeping Cyclists Moving https://share.google/Xh4HpLr1fxtFCo4ZW

 

[bbbbbbbbbbbbbbbbbbbb]

Eitherway glad your still with us and on the way to recovery. Good luck on a full recovery and getting suitably compensated.

thank you for that.

I assume you've either had your hip pinned or totally replaced. It's a serious injury (did mine on ice 18 months ago).

Pinned. Apparently I was young enough (54?!) to not replace it.

Are you a British Cycling member? Probably not as you posted the question. If you are with BC let them handle it. If not the BC solicitors are Leigh Day who have a great deal of experience with cycling related claims. They understand cycling, at one point I discussed the relative merits of Garmin v Wahoo with my case worker. The LD Manchester office works with BC.

I'm not a BC member. I'm based in the South West, would it be a problem that LD aren't local?

My only concern over LD is I felt my claim was undervalued. I wasn't chasing money but wanted something fair. I asked LD to increase the claim value by 50%. The other party agreed in days, the value was obviously too low even with the 50% lift.

That's not so good.

Hmm, just to show how naive and ignorant I was and still am really about this kind of thing: I thought it would generally be decided reasonably fairly how much the compensation should be... by the judge? I'm feeling potentially very silly saying that.

You don't mention witnesses. Try to find some, presumably via the police. Don't place much faith in the "due care" prosecution. A tractor driver hit me from behind at 30+ mph. He got due care and was offered court or a driver awareness day! Guess which he took?

The prosecution alone may not be sufficient to establish responsibility when it comes to insurance claims.

Good luck.

The police officer who was on the scene and who has contacted me and who I'm in communication with has told me that he is chasing a witness for a statement. So there was one but yet to fully comply. A nurse who came to my house to give me one of my daily blood thinning injections recognised me as she happened to be on the scene, passing though, and was who initially bandaged me etc. She said someone had dash cam footage, but the police officer has not mentioned that. The police officer has asked for access to my medical records surrounding my treatment of this.

If you havent already done so, write down a detailed account of the event NOW! Every day you leave it undermines your recall and credibility of the account.

Include lighting, levels, weather, road surface condition and wet/dry, time, obstructions to view, etc.

And then get a solicitor. Not essential, they put their trousers on one leg at a time like everyone else, but a good solicitor specialising in road incidents will simply have experience we dont and will know where the landmines lay.

My memory of it was entirely not there immediately. Three hours maybe surrounding the incident not there. I wasn't blacked out though, a nurse who I saw much later (and had no recollection of) who was on the scene told me a few of the answers I gave to her questions. Disassociation rather than black out. Which means *possibly* recollection might be possible, not sure.

I'm only able to describe what happened in the accident from what I've been told, using logic, and looking at my bike. It was a head on, both of us into each other. Bike took the initial impact it seems, I carried on into the windscreen, broke it, and then hit the road. God know what the driver was doing on my side. Bike, titanium frame, completely severed between headset and down tube. Handlebars, one side, are so bent it's amazing. I'm just super thankful it wasn't a flat fronted vehicle, I suspect it'd have been far worse.

Anyway, thanks all for your answers. The general consensus is obviously: get a solicitor. I will set about doing that. I wasn't going to, I thought the police and court or whatever would be fine. Didn't realise I possibly should until the Brake interviewer mentioned it. Thanks.

 

[oxoman]

If you don't shout you get nothing, unless your lucky. The court / police will deal with the crime and not necessarily the outcome, basically you and your injuries. If you didn't shout, my understanding is you'd possibly get a smaller payout or victim surcharge. So get the solicitor to nail the driver and his insurer that is where the big money comes from. The sooner you get someone on it the better. Given your age your looking at physical damages claim, loss of earnings, extra costs involved in recuperation and property damage / loss, aka the bike. Good luck.

 

[PaulSB]

I'm not a BC member. I'm based in the South West, would it be a problem that LD aren't local?

That's not so good.

Hmm, just to show how naive and ignorant I was and still am really about this kind of thing: I thought it would generally be decided reasonably fairly how much the compensation should be... by the judge? I'm feeling potentially very silly saying that.

I only mentioned the LD Manchester office because I live near Manchester and BC headquarters are in Manchester. It makes sense BC use the Manchester office. Everything I did was by phone/email so I doubt you location will make any difference. Google says LD have 11 offices, including Bristol and Plymouth.

I hear what you say re the undervaluing of my claim. This could be due to many different factors and I don't hold it against LD but this site is about experience and it makes up part of my experience. I'm 72, for me a quick settlement and cash in the bank is more beneficial than a long drawn out wrangle for maximum compensation. As I said I wasn't out for money just fairness. The level of compensation one needs is related to many different factors which may or may not have to consider the long-term outcome and damage to health.

Yes, there is an "award scale" for injuries. It's for guidance. As a solicitor friend warned me, if, to pluck a figure from the air, a broken finger is £1000, three broken fingers is not £3000 as the inconvenience is not tripled. If you end up in court this will take a very long time.

Your bike is a write off, oddly my titanium snapped as well and the bars turned into an artwork. My home insurance paid out in full for this and reclaimed from the third party.

 

[PaulSB]

I'm only able to describe what happened in the accident from what I've been told, using logic, and looking at my bike. It was a head on, both of us into each other. Bike took the initial impact it seems, I carried on into the windscreen, broke it, and then hit the road. God know what the driver was doing on my side. Bike, titanium frame, completely severed between headset and down tube. Handlebars, one side, are so bent it's amazing. I'm just super thankful it wasn't a flat fronted vehicle, I suspect it'd have been far worse.

Finally your post suggests you can only piece together what happened through conjecture. You should not make any statement based on this - you simply can't swear to conjecture if it comes down to that. My stated recollection was literally "I saw the rear wheel alongside me and thought 'F*** that's close' the next thing I recall is laying on the grass and a young man staring into my facing saying 'I'm an off-duty policeman. I want you to stay absolutely still'"

Needless to say I didn't move. I knew what he meant.

 

[vickster]

Your injury claim will only go to court if the insurer and your solicitor can't agree a settlement.
The amount of settlement for injuries is determined by case law based on past cases, it's not an open cheque book although every injury and recovery is different. There's a list somewhere but I can't remember which solicitor had on their website.

Do NOT settle until you have fully recovered (or a specialist confirms you likely won't recover further).

Don't expect it to happen quickly, likely a few years to get everything together

There are a number of no win no fee cycling specialist solictors out there, doesn't matter if they're local, they can arrange medical assessment etc with experts nationally
Eg https://osborneslaw.com/personal-injury-solicitors/cycling-accident-claims/

Read the guide linked, keep records of everything, down to the last taxi receipt or whatever