Is my solicitor taking the wee-wee?

[vickster]

I’m a bit inexperienced when it comes to such things. What kind of figures are we talking? Broken leg/wrecked bike circa £3000? Let’s start chucking some (largely made up) average figures about

You can find the ranges fairly easily online

 

[vickster]

I can only go off my own experience 12 years ago. I cycled from Peterborough to a party in North London. I arrived early, so I cycled slowly round the block. I spotted a supermarket access in the middle of a queue of car. Someone will fly in there I thought, so I slowed to a crawl. Sure enough after I'd been in the gap circa 3-4secs they came flying through and in doing so ripped front wheel out, folding it in two and catapulting it 30 or 40ft away. I cycled about 100miles back to Peterborough the next day with a borrowed wheel which probably tells you how 'lucky' I was!
At first they tried denying it even happened when my lawyer contacted theirs but the police report, witnesses and ambulance call (fortunately I was released after a check over) said otherwise.
It was then slow for about 10months, until my lawyer sent me for a medical. Me being me I was too honest an told him the whole story and said it was no more than bruising which hadn't stopped me going to the party or cycling a ton next day. However, he spun it a £1,500 pay-out was in my account within a week.

Nowadays for any decent size of payout, they'll look through your social media to check you've not been lying about what you can/can't do. They did mine 😬

 

[tyred]

A different jurisdiction, but it took nearly four years to settle mine too. I only got the cheque last month, my accident was on the 12th Oct 2021.

The insurance company refused to respond apart from occasionally sending me for yet another medical report and asking me if I was wearing hi-vis and helmet. The case was settled the day before the high court date.

 

[classic33]

Nowadays for any decent size of payout, they'll look through your social media to check you've not been lying about what you can/can't do. They did mine 😬

If they'd have tried checking on me, they'd have had to go through my employer at the time. Most of my mileage was too and from work, which could easily be checked with them.
After the incident I was slower, but back on the bike after two weeks. Getting the bike replaced was high on my list due to a move in the offing to a new location, still out of the way and unsociable hours.

 

[CentralCommuter]

You can find the ranges fairly easily online

Tell me then!!!!!

 

[PaulSB]

Tell me then!!!!!

You're right to ask the question, it isn't easy to find the information unless you know the question to ask.

Google "Judicial College Guidelines". These are the guidines used to "value" injuries sustained in an accident.

 

[PaulSB]

3.5 years on since my accident & it's still not finalised. It's the only accident I've ever been in so I have nothing to compare it to.

The third party admitted liability instantly, so that wasn't a hold up.

It took nearly 3 years to even start talking about any actual £figures. When they came in I knew the other side would try keep costs down but they were absolutely taking the piddle & then some.

My solicitor told me my accident is within a category which has a price range (I wanted to go £1k over the price range with good reason but they said I couldn't - and referred to the category my accident is grouped in). The other team then came in at about 25% of the lowest number in this category. My solicitor seems to have now dropped to the lowest number (a drop of £2k) where the other team have only brought their figure up ....... £300.

Then there's loss of earnings. A good few thousands out. I thought this one would be the black & white can't argue one so was surprised when they weren't even close.
I put forward my argument as to why they're a million miles off & told my solicitor that I'd rather it go to a judge & me get what the other team is offering (or less - didn't say that bit though) than accept what they're offering.

I'm not coming from the POV of I want [this amount] because I plucked the number out of the sky. I feel I've sound reasoning behind the figures I'm asking for such as -

my wages - fairly black & white. I earn basically the same each year so to make up the difference & get somewhere reasonable close. Not be £thousands short.
injury - if the lowest in this so called category is [x amount] then getting somewhere near the lowest figure, not being at about 25% of it. I don't expect the top figure but somewhere NEAR the low figure would be fine.

I'd hate to think how things would be dragged out if the third party had argued the toss as to liability.

At 3½ years I would feel the solicitor is either incompetent or uninterested. Sadly you probably can't ditch the company and start again. This is how the process worked for me, it may help you and others formulate an opinion.

In June '24 I was hit from behind by a tractor driver. It was the trailer he was towing which hit me. I was riding at 32/33 mph and accelerating. My bike, Wahoo, helmet and all my kit were writen-off - the kit mainly because hospital staff cut it off! I sustained three broken fingers on right hand, six broken ribs, fractured eye socket, soft tissue damage to my left shoulder, heavy impact damage to my right knee, lacerations, gravel rash and severe bruising - my entire body from the waist down was purple. I was in hospital for five days. The driver was prosecuted for due care and attention.

As a BC member I began a claim via their solicitors. I quickly established the BC cover would only pay the "market value" of my bike. I switched my claim to my household insurance and received, in approximately four weeks, £7500 being the full value on a "new for old" basis of my bike, kit etc. My insurer successfully reclaimed this sum from the third party.

I pursued the PI element via BC solicitors. There were several appointments with independent medical experts to assess my injuries and report on them. This took about ten months.

In June '25 we submitted a claim for £15,500 for PI plus out of pocket expenses, travel to appointments, private physio etc. Three weeks later the third party insurers offered £15000 plus my expenses. The matter was closed +/- 13 months after the accident.

From my experience I would say this.

• Each injury has a value. However if a broken finger is, example, £1000, three fingers is not £3000. The inconvenience is not much greater with three than one broken finger
• There are clear guidelines giving a range of values for any given injury
• Out of pocket expenses are paid in full. If you can prove loss of earnings I imagine this would be similar
• The solicitor may be prepared to settle for a low figure. Mine advised the claim should be £11000 and to be prepared to accept £7000. I insisted on a higher claim which was agreed by the other party all bar £500. With hindsight this value was too low.
• Some months later when I returned to cycling I found my HRM and chest strap, bar bag and pump were badly damaged. Inspect everything, it didn't occur to me to look at these.

I've read many threads regarding cycling insurance. I have always argued household insurance from a quality insurer is the best way to go. All my losses were met inside four weeks without a murmur. I feel my experience confirms this view.

While I feel the BC solicitors undervalued my claim I think this was the best way to go. I did investigate a claim via a well-known claims company. They wanted 35% of any payout and were basically ambulance chasers.

 

[vickster]

Tell me then!!!!!

Google not working there?

 

[CentralCommuter]

If you look at PaulSB’s post above, you will see a massive difference between the quality of his input and yours. His was very informative. Not sure if you are aware, but human beings are more interesting than Google searches. I’ll leave you to your searching though.

 

[Venod]

Has your legal team recommended you accept the offer? Usually the first offer is very low. Take the advice of your solicitor - they will know when the best time to settle is.

I've read many threads regarding cycling insurance. I have always argued household insurance from a quality insurer is the best way to go. All my losses were met inside four weeks without a murmur. I feel my experience confirms this view.

I have had two claims for cycling accidents, I have used Cycling UK for both, I never thought of using using household insurance, 2015 broken shoulder was the most severe injury, it didn't go well as it got infected, so had five ops, the bike and clothing was damaged, I settled for £27,000 within a year.
This latest accident 20th August, fractured skull and nose, various cuts and bruises damaged clothing, bike OK, the driver said it was my fault, my solicitor submitted evidence that it wasn't, I have had a first offer of £50,000 which surprised me and won't be happy until the money is in the bank, Cycling UK has been well worth the membership fee for me, YMMV.

 

[Emanresu]

If you want to do the calculations yourself (not recommended), they are all in the Ogden Tables. Available online or read about it here

https://osborneslaw.com/blog/personal-injury-compensation-and-the-ogden-tables-periodical-payments/

In many areas where money is being handed out (benefits are the same) it's a discussion about into which pigeon hole the client sits. So the ambulance chasers may have specialist insight about categories that a non-specialist lawyer may not have but 35% seems a hell of a premium to pay.

 

[steveindenmark]

I have been in 2 seious accidents.

The first ended my police career. A guy took me off my motorbike and broke both my arms and right leg.

It appears that you are doing your solicitors job for them. You know all the facts and figures. I, on the other hand, left it all up to my solicitor as that is what he does every day.

There was no doubt who was at fault in my accident. But it took 3 years to finalist as they needed me to get as well as possible so they could assess my medical condition.

They came with a low offer, my brief went back with a not too ridiculous counter and we settled.

It depends what you expect the final amount to be as to what you will haggle over. My final payout was 150k . We wer not going to argue over a grand. They could have strung us out for years.

You need to have a meeting with your solicitor and find out the state of play. You also need to realise that you may not get what you hope to get and just settle and move on. The stress can be worse than the cash you don't get.

 

[Drago]

And remember, were not dealing with the cream of society here. If you grow up unable or unwilling to do anything useful you become a politician, estate agent, insurer or a solicitor. These are all Golgafrincham Ark B passengers.

You've been unfortunate enough to become entangled in an incident that involves two from that list of endeavour.

 

[Venod]

Golgafrincham Ark B

Had to Google that.

 

[Drago]

Had to Google that.

It would explain a lot about the state of society today.