Hit from behind by car - advice please!

[magnatom]

Hi Rob. I take it you have recovered from the accident?

Others will be along who will be in a much better position than I, to offer advice.

However, in my opinion, the 50/50, 80/20 thing sounds like a ploy by the insurance company. If everything happened as you suggest then I honestly think you have nothing to worry about. You lawyer seems to think this too.

If it was me, there is no way I would accept 80/20. Of course I would have camera footage as well.....

What depresses me about all of this, is how the insurance companies operate. Absolutely ridiculous. Maybe it is about time that some form of arbitration service was set up to look at disputed cases like this. Something has to be done.

 

[shunter]

Just out of curiosity. If you think the police has not followed up your accident properly can you not make a complaint through the police ombudsman.

Found this:
What type of complaint can the ombudsman investigate

The ombudsman’s job is to investigate cases of maladministration. This means the way in which an organisation has dealt with a situation or reached a decision. Examples of maladministration include:

• an organisation not following its own policies or procedures
• rudeness
• delay in taking action or failing to take action
• treating someone unfairly compared to others
• giving wrong or misleading information.

The ombudsman will only look into a case where an individual (or in some cases group of individuals) has suffered personal injustice, hardship or financial loss because of the action or lack of action of a particular organisation.
In most cases, an ombudsman cannot look into a decision made by an organisation, just because you disagree with it.
You should complain to the ombudsman only if you have given the relevant organisation an opportunity to comment on the complaint and resolve any problems.
The ombudsman will not investigate a case if it is about to go to court or if court action has been started. In some cases, the ombudsman will not look into cases which could be dealt with by a court or tribunal.
You can find out more about which types of complaints an ombudsman can take up and what you must do before complaining to the ombudsman in the information that follows.
If you want to find out more about whether an ombudsman can take on a particular complaint, you should seek advice from an experienced advice worker, for example at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email.

Just wondered if it would be worthwhile considering the consequence of this accident could have been way more serious than it was.

 

[Bollo]

However, in my opinion, the 50/50, 80/20 thing sounds like a ploy by the insurance company. If everything happened as you suggest then I honestly think you have nothing to worry about. You lawyer seems to think this too.

If it was me, there is no way I would accept 80/20. Of course I would have camera footage as well.....

What depresses me about all of this, is how the insurance companies operate. Absolutely ridiculous.

Agree 100% with this bit, especially as I've been on the receiving end of it (even with a camera ). The arbitration bit is a non-starter for the present system though. The insurance company isn't disputing this because they think their driver is a saintly individual and AR is a granny-crushing lycra lout - they're disputing it to minimise their costs. That's all they'll be thinking about from day one. Right and wrong have absolutely nothing to do with it. At every stage they'll be playing the risk of having to pay out against the probablity that the law will find in their favour, balanced against the temptations of their current offer to AR.

Even with fairly conclusive footage AND two witnesses, my gentleman's insurers tried everything short of accusing me of kidnapping Maddie McCann to wheedle out of paying. As I didn't need the money, I was able to play hardball without real consequencies. Once his insurers realised that, they paid because the alternative was prolonging a weak case (for them) and incurring further cost.

 

[Alaskan Rob]

Hi,

Thanks for the replies guys. Yes a better system is needed as when even the other side are recognising I’m at most (according to them) 20% to blame, it’s the victim who bears the risk as the judge is not told of the 80/20 offer! I think I will reject the offer as I’m not desperate for the money right now, we’re very confident in my evidence, his evidence / statement is bizarre and I think they’re just trying to see how little they can get away with paying. I’m sure his lawyers are not as stupid as he seems to be and will concede before it goes to Court.

Well, most of my injuries cleared up within 6-9 months, but my left shoulder (tendon/ligament damage) is still constantly mildly painful 15 months later, restricted in it movement (some movements very painful) and unable to bear any significant weight at all. However, I’ve just seen a specialist on that and he is hopeful with some further treatment / potential surgery it might be back to normal in another 12-18 months he reckons. Most frustratingly it’s the psychological affect that has been worse. I’m afraid I’ve only managed about 40-50 minutes on a pedal bike on the road since as I’ve gone from being a regular confident commuter to being incredibly nervous of cars approaching from behind, which in central London is obviously hundreds every journey! I did actually manage 10 mins yesterday when it was quiet and as at a friend’s suggestion I fitted a rear view bar mirror which I must say helped. Might have been in my mind but as it sticks out it did seem that cars were giving me more room than previously.

So I’m hopefully of eventually getting back on a bike regularly, but its still small steps at the moment. I have been reading cycle chat forums regularly though to get a kind of cycling fix

Re the Police / ombudsman. Yes, I’m not happy with their response at all. I was originally told that 2 PCSOs turned up and 2 full traffic Police officers (I couldn’t see exactly as I was on my back looking skywards and concentrating on not moving as I couldn’t feel my arms) and that he had been breathalysed and that the Police had taken multiple witness contact details. However, the Police then later admitted that the traffic Police did not turn up as they got diverted to a fatality so it was left to the 2 PCSOs who did not breathalyse him, did not record position of vehicles, did not take proper witness details. I’m probably going to wait for the outcome of the civil court case to finish and then decide what to do about a complaint to the Police ombudsman. On the one hand I think they were very poor, on the other it would be nice to put all this behind me, and be grateful that I wasn’t the fatality the traffic Police were dealing with.

Rob

 

[fossyant]

Stick to your guns...go on what your solicitor advises. It will most likely be settled before court anyway, struck from behind, 100% third party's fault.

The usual time wasting here !

 

[magnatom]

Sorry to hear that you are still having physical and confidence problems.

Good luck with both. Hopefully time will be a healer and you can one day get back to enjoying the bike.

 

[Alaskan Rob]

Hi all,

Just to give this thread a happy conclusion and say thanks to all who contributed their advice and support.

So I was knocked off my bike in Sept 08, I didn’t have a clue what to do next having never been in any kind of accident before! After advice on here I spoke with Alyson France solicitors who over the following 18 months have done a great job in pursuing the drivers insurance company, I’d definitely recommend them. Despite the driver giving 4 statements (1 to the Police initially, 2 to the Traffic Criminal Justice unit, 1 as his pre court witness statement) that were contradictory, vague and at times ludicrous, his insurance company persisted in dragging it out.

In recent months (on my solicitor’s advice) I rejected a 50/50 offer, an 80/20 offer, until just before the court date they conceded 100% liability, which we accepted. My solicitor also got my claim valued at significantly above the other side’s initial valuation. His advice was always clear and easy to understand, explaining the process and what happens next at each stage, they were very good at the admin side of things, what I needed to sign, arranging doctor’s appointments, etc.

So I’d say it is definitely worth pursuing a civil claim, it’s a long process – I know some claims can take years to settle – and I personally found it depressing at times being constantly reminded of it and just wanted to put it all behind me, but ultimately glad that I kept at it.

Thanks again.

 

[dodgy]

I can also recommend Alyson France, she acted for me when I was knocked off my bicycle a few years back. She's also local to me.

Glad you're sorted :thumbs:

 

[Bollo]

Hi all,

Just to give this thread a happy conclusion and say thanks to all who contributed their advice and support.

 

[tdr1nka]

Good for you, your patience paid off!!

 

[Amanda P]

Well done Rob. I have a small idea of how being hit from behind feels - thankfully not as hard as you were.

So, now you've got your damages paid, are you going to pursue the police for their lack of proper action? I would. It sounds they need a bit of a kick up the...

 

[Alien8]

After advice on here I spoke with Alyson France solicitors who over the following 18 months have done a great job in pursuing the drivers insurance company, I’d definitely recommend them.

... and another Alyson France happy customer.