Hit by a car this morning - advice?

[Crankarm]

Noble, but misguided.

You're now in a business negotiation with the insurance company. Their aim is to pay out as little as possible. The only way for you to counter this is to claim for as much as possible, without lying in bed for a year pretending you're paralysed. And anyway, what's "capable of riding your bike" actually mean? 300 yards round the park? Because that's what the insurance company will assume.

I was hit by an uninsured driver and the case went to the MIB. I didn't have a particularly good lawyer and it dragged and dragged. After 4 years the MIB offered me £5000 to go away. I took it, but I wish I had dug my heels in, as guess what? The injuries are still making themselves felt, 8 years later.

So don't be too noble about this. Make the bugger pay. Think of it like this - the more you get from his company, the more his premiums go up and the more careful he'll be around cyclists in future.

Best of luck

If only it were that simple. His premiums may go up initially but after 4 years and no more claims he would be back down to max 4 years NCD. The majority of the cost of his claim will be born by all insureds, not just him, so we all pay indirectly for this driver's dangerous driving. He/she may also be driving on company insurance which would mean the customers of the company would ultimately pay as insurance is an overhead built into the cost of goods and services.

 

[Twenty Inch]

Well, I was looking for some weaselly quasi-moral justification that would let Tubbs feel good about soaking the guy. You've spoiled it now.

 

[Crankarm]

Well, I was looking for some weaselly quasi-moral justification that would let Tubbs feel good about soaking the guy. You've spoiled it now.

Look it from the point of view that you are trying to obtain compensation for damage to your properties and your injuries. Property damage is a specific sum whereas personal injury is unspecified damages and unlike in the USA is set at measly low rates as a matter of public policy. Claim for eveything you can get in my books. If you are able to in law and your claim is truthful then go for it IMHO. You only get one chance. As you say when you are still getting pain and suffering 8, 10, 15 or 30 years later you will wish you have got as much as you can or alternatively be put in the position before you incurred your injuries and were in rude health and full fitness.

 

[Twenty Inch]

See, you said it much better than me. Tubbs, listen to Crankarm.

 

[Tubbs]

Thank you. Again.

I hadn't really thought about future effects of injuries - I guess the quick scan will be helpful in assessing this.

I will make sure I include everything I possibly can (without committing fraud!).. If nothing else, I am extremely put out and inconvenienced by it all, whilst being grateful and relieved I am OK and I have no serious injuries of course. I was running, cycling or going to gym every day before this and the lack of exercise now is depressing and frustrating. I'm going to Australia in five weeks so travelling with a bad back (and excess weight ) won't be fun. And don't get me started about public transport!

 

[Twenty Inch]

...and the cost of physio, taxis, said public transport etc. etc. Keep ALL the receipts.

Best

TI

 

[Crankarm]

...and the cost of physio, taxis, said public transport etc. etc. Keep ALL the receipts.

Best

TI

Yup keep all receipts or costs for alternative arrangements you had to make which had you NOT been knocked off you would not have made. However there is a but and big but, you must mitigate your losses and not take the michael as all your costs will be scrutinised as to whether they are indeed reasonable and recoverable. If you went to court and you were taking the peee it would be easy for the other side to bring this to the judge's attention and he may well side against you. Plus your own solicitor if they were any good would advise about the content of your claim and advise against claiming for vexatious costs. Unfortunately people are seriously injured and end up paralysed and having their lives and livelihoods irrepairably changed so damages awards are large to reflect this especially if they were very high earners. Basically the law says you should not benefit but be compensated to the extent that you are put back in the position you were just prior to you being knocked off your bike. Sometimes on going specialist care costs and loss of earnings can make awards very large. Somehow I don't think your injuries are in this category. A good solicitor will be able to advise you accordingly.

 

[Tubbs]

Update: I got a letter from the police this morning - the lady attended a Driver Alertness Course as an alternative to prosecution. I'm absolutely over the moon with the way the police dealt with it and with the outcome. She seemed like a nice lady and never once tried to blame me even though there were no witnesses, she seemed genuinely sorry. I'm glad she wasn't prosecuted - I think being made to attend the course is exactly the right decision.

The scan on my back revealed a slipped disc which I was told would take anything between 6 weeks and 6 months to recover. I was very lucky and recovered quite quickly - I did the odd commute and bike ride after 6 weeks weeks and back to commuting full time by New Year. All good!