Knocked off by a car. Long read...

Discussion in 'General Cycling Discussions' started by Doug87, 8 Jun 2019.

  1. vickster

    vickster Legendary Member

    You may have to be a British Cycling member to get Leigh Day to cover, but there are plenty of other solicitors with specialism in cycling injuries (check their terms in terms of taking a cut). You should get a significant injury payment for a broken collar bone even if it does heal without issues (plenty seem not to) as well as your OOPs

    Keep receipts for everything from now on until settled (which could take sone while depending on how quickly you recover)

    GWS
     
    Vantage, Doug87 and classic33 like this.
  2. NorthernDave

    NorthernDave Never used Über Member

    If the driver had knocked over a pedestrian, would their clothing have been a consideration for the constabulary?

    No, I don't think it would.
     
  3. vickster

    vickster Legendary Member

    Has your knee been MR scanned? Get the solicitor to organise. With knees you need know what youre dealing with (even bone bruising with no structural damage can take a year to heal). And get physio sorted if not done so (after scan)
     
  4. OP
    OP
    Doug87

    Doug87 Member

    Location:
    Isle of wight
    Luckily I'm not self employed. How ever I am a right handed floor layer. (My right side took the brunt)
     
  5. I like Skol

    I like Skol Hold my beer and watch this....

    Location:
    Ashton-under-Lyne
    Your employer will be entitled to claim for the wages they have to pay you while you cannot work. Leigh Day are dealing with my case and are in contact with my employer to agree the amount and arrange recovery of the pay I received during the 4-5 months I was off work.

    I am not a BC member but LD still take on the case with very little difference.
     
    Vantage, Doug87 and vickster like this.
  6. fossyant

    fossyant Ride It Like You Stole It!

    Location:
    South Manchester
    Same with me, LD recovered my 'sick pay' for my employer.
     
  7. glasgowcyclist

    glasgowcyclist Charming but somewhat feckless

    Location:
    Scotland
    Prosecute.
    Prosecute.
    Prosecute.

    Your choice of clothing in broad daylight is irrelevant but typical victim-blaming bullshit that's designed to make you feel guilty and less likely to press the police to do their job.

    Prosecute.
     
    Arjimlad, Pat "5mph", Vantage and 3 others like this.
  8. vickster

    vickster Legendary Member

    I didn't get sick pay as I was 3 weeks into a new job, but I got back what I would have been paid hadn't I been off following the collision and ensuing surgery. I provided paperwork from the FD plus the sick note from Dr and hospital (you'll need to be in regular contact with your GP for 'sick notes')
     
    Doug87 likes this.
  9. Pale Rider

    Pale Rider Guru

    A conviction is 'strong support' for your civil claim for compensation.

    Worth doing for that alone, although if the driver is acquitted he can then say to the civil clam solicitor 'I was found not guilty so I did nothing wrong'.

    As that fool who tried to prosecute Boris Johnon found, you can never be quite sure how legal matters will turn out.
     
    Doug87 likes this.
  10. Globalti

    Globalti Legendary Member

    Would you be after forgiving the driver if they had turned in front of your car and wrecked it? Of course you wouldn't. Press charges and get a solicitor onto it.

    There's quite a lot in the health section of CC about shoulders and collar bones. As someone still recovering from a collar bone break ten months ago my strong advice is: get it plated as soon as possible so as to avoid the misery and uncertainty of non-union and a possible frozen shoulder, both of which will keep you off work for many months. The surgeons will be reluctant to plate but you need to insist on the grounds that you have to be able to work and can't afford to risk non-union.
     
    Doug87, glasgowcyclist and classic33 like this.
  11. tom73

    tom73 Über Member

    Location:
    Yorkshire
    Same here after being hit and Bullseyed windscreen walking across the road a few mm either way the doctors said was all it needed.
     
  12. Johnno260

    Johnno260 Über Member

    Location:
    East Sussex
    First and foremost get well soon.

    I would prosecute sorry but it’s the only way some people will learn.

    Dark clothing means nothing, some motorcyclists are dressed like Ninjas I can’t see it being held against them.
     
  13. Smokin Joe

    Smokin Joe Legendary Member

    Nobody ever says, "It was your own fault for driving a black car".
     
    bladesman73, tom73, classic33 and 2 others like this.
  14. OP
    OP
    Doug87

    Doug87 Member

    Location:
    Isle of wight
    Thanks for all the replies. I wasnt expecting such a response. I dont think I mentioned I live on the isle of wight so not sure if that would affect the use of a mainland solicitor? Personally I'd rather speak face to face with them. I'll make some enquiries 2mos. The police have since called me again to pass over the drivers details so I have those now. Thanks again everyone. I'll try n keep the thread updated.
     
    Katherine, Arjimlad, Slick and 3 others like this.
  15. bruce1530

    bruce1530 Über Member

    Location:
    Ayrshire
    Not necessarily.

    My daughter was the innocent party in a car accident, and is currently working with a “no win no fee” lawyer. Should she win,her lawyer’s fees will be limited to no more than 15% of her award.
     
    Slick and Doug87 like this.
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