Involved in cycling accident - advice for compensation.

[Gert Lush]

Ah like those Foxtons tossers in minis, fair enough. Always assumed that was their car to use as and when, they always advertise a company car as part of the package

I had to google that. I'd never heard of them before. Wrong part of the country. But yes, exactly like that.

 

[NorthernDave]

Lots of good advice above, so little to add other than to agree that wearing hi-viz (or not) is irrelevant.
It's not a mandatory requirement and has no bearing on any compensation claim.
The other party might try to argue the point as mitigation, but a decent lawyer on your side will give them short shrift - hence the need to use someone who specialises in cyclists claims.

 

[boydj]

Forget the compo. Every pound your side throw at it, will be countered by five from the other side. Put it down to experience.

Rubbish. I had a very similar incident (with only cuts and bruises) and the driver's insurance had no problem in accepting full responsibility and paid out promptly.

 

[gbb]

Compensation wont be automatic, it'll depend on whether the driver or his insurance admit liability...while I seriously sympathise, we reading this post have no idea of the actual incident...was / did he indicate?, do you have any witnesses ? does he ?...he could simply claim he did everything right...you simply rode into him. Its not a clear cut scenario (the one described).
Im not trying to be negative, more realistic than anything. I hope you get sorted.


If im wrong on any points, id gladly be corrected.

 

[Racing roadkill]

Seriously?

Yes, that's how it goes.

 

[classic33]

Yes, that's how it goes.

And if you win, they still have to pay out.

 

[Lemond]

Can offer nothing but wishes and get well soon.

 

[wardjw1994]

Thanks for all the advice, I would really like to speak to someone who has been through a similar claim, anyone with appropriate experience please comment?

 

[ianrauk]

Thanks for all the advice, I would really like to speak to someone who has been through a similar claim, anyone with appropriate experience please comment?

I have been through exactly the same and there is some great advice already posted. Ignore the bull crap by Racing Roadkill he's well known on here for his trolling.
Contact a cycling specific company. I used Slater and Gordon (as previously mentioned) Be prepared as there may be a good amount too-ing and fro-ing between your representatives and theirs. But they will work in your interest, working to get the best compensation for you. My case took 18 months to come to a satisfactory conclusion. But I did have a long term injury to deal with. We went from, my fault, to 50/50, to finally them admitting fault.

Call one of the compensation companies up. They will have an initial chat to decide whether your case is worth pursuing. If they do decide to go ahead then you have a great chance of an outcome that is good for you.


Good luck and hope it get's sorted.

 

[Tim Hall]

Thanks for all the advice, I would really like to speak to someone who has been through a similar claim, anyone with appropriate experience please comment?

I got knocked off my bike a couple of years ago on the way home fromwork, in the dark, on a roundabout. I was lit up but like youno hiviz. The first I knew of it was "coming round " in hospital (I didn't actually lose consciousness , just my grip on reality) and having my hand held by a nurse. I got in touch with the CTC (I'm fairly sure I was a member then) and they put their solicitors (Slater and Gordon?) on the case. It was fairly straight forward and the solicitors suggested I accept the opening offer, which is contrary to most of the advice you'll hear. The driver's insurance company must have been scared by the amount of blood (head wounds bleed a lot) and put in a high "opening bid." I think they'd be rubbish at poker. My lot compared it to the industry list and suggested I took it. Which I did. I was off work for a week and am fortunate enough to have a spare bike. My driving ability was unimpaired after that week. Like the others say, keep a record of your expenses. Loss of earnings, taxis,replacement clothes, new bike.

My understanding is that Slater and Gordon operate on a no win no fee basis, so CTC membership isn't a prerequisite.

Good luck and get well soon.

 

[vickster]

Thanks for all the advice, I would really like to speak to someone who has been through a similar claim, anyone with appropriate experience please comment?

http://www.slatergordon.co.uk/personal-injury/cycling/

My claim is being handled by Leigh Day who are the British Cycling firm, but I don't think they cover non members u like Slater and Gordon. Give them a call to discuss

My claim will have been going on for 2 years in February, I've had nothing as yet other than a derisory offer very early on. I'm still seeing the medical experts and am waiting for surgery on a shoulder injury which may have been caused by the accident but wasn't immediately evident. I've not pushed for any sort of interim payment, but I may get something in the new year even if still awaiting settlement

 

[classic33]

Been through it, part of the reason for starting the thread I linked to. In Commuting and Utility Cycling. Drawn mainly from peoples experiences and personal experience.
Don't expect it to be quick(already said by others). Your account/version of events will be questioned, normal but frustrating. If you have it written down its a lot easier "remember" and its(personal experience) better when you can say how you remember so well, so long afterwards.
I supplied three copies of the same document to the other side, as well as an explanation of it.

 

[classic33]

@wardjw1994, I'd say that the longer replies on here, are from people who've been through the process.

 

[stephec]

Yes, that's how it goes.

If you were knocked off your bike and it was all the driver's fault that would still be your reply?

The damage to your bike, loss of earnings, and other expenses could run into four figures and you would say, "that's the way it goes, I see no reason to claim off the driver's insurance?"

 

[Accy cyclist]

I used these http://www.graysons.co.uk/personal-injury/ to claim for my written off bike.loss of earnings and other bits and bobs. They've been ok and seem to have got close to a final settlement 8 months after i was knocked off my bike. OK they take about 20% of the payout, but could i have got some insurance firm to pay me out by writing my own letters and making phone calls to them? They'd probably just laugh at me.