Knocked off the bike

[Kiwiavenger]

Ombusdman for who? You are claiming off the driver, not his insurance company.He is their customer, they are doing their best for him ( and themselves) .

if your using them you in effect become a customer as well. the ombudsman dont just deal with customers of financial institutions they deal with complaints against the institution regardless of who raises it (although you do have to have been inconvenienced and received a final decision letter from the company)

all the times ive dealt with cyclist claims (not really much as didnt work with PI team) its gone quite quickly to settlement, when injury is involved it can take a short while longer

 

[redcard]

Effectively it was recovery. Took two years to get a shoulder operation, then lots more visits to consultants and pain specialists (extra cost), then did it only settle 18 months after my operation. Had to wait till we were confident I'd recovered to as good as possible - fortunately we did the right thing and I've very little trouble with my shoulder now, that finally got sorted about 12 months ago. I get no pain in it now !

Did you get a larger settlement because of the extra delay? I mean, if you had settled earlier is there a chance you could have lost out on expenses you incurred after the operation?

 

[redcard]

It's been over a year since my coming together with a vehicle and it's still not sorted. These things take time unfortunately.

I know. I guess I was hoping some pen pusher would have been in a good mood one day and just fastracked mine!

 

[Beebo]

Did you get a larger settlement because of the extra delay? I mean, if you had settled earlier is there a chance you could have lost out?

I dont know Fossy's case, but the general answer is that the insurers will not want to offer settlement until the full extent of your pain and suffering is known.
An injury that recovers quickly will settle for less money than an injury that drags on with complications.
If you settle too soon and the injury flares up you have no come back.

 

[Brandane]

Can you not ask for an interim payment of some sort, if for instance you are self employed and have no income as a result of not being able to work due to the injuries sustained? It seems ludicrous that you would be left to fend for yourself until a settlement was agreed a few years down the line. In this case Redcard should really be entitled to a new bike of similar quality to allow him to get back to work ASAP.

 

[redcard]

Can you not ask for an interim payment of some sort, if for instance you are self employed and have no income as a result of not being able to work due to the injuries sustained? It seems ludicrous that you would be left to fend for yourself until a settlement was agreed a few years down the line. In this case Redcard should really be entitled to a new bike of similar quality to allow him to get back to work ASAP.

I was,told that by the LBS when I took the bike in for an appraisal. Asked the lawyer the same question today, and he said they insurance co would only pay for the bike once they admitted liability, insinuating they would only pay the full compensation in the one go.

Anyway, I'm still right at the beginning if the process; lawyer only received the insurance details this week. So will ask again a month or so down the line.

 

[Little yellow Brompton]

I was,told that by the LBS when I took the bike in for an appraisal. Asked the lawyer the same question today, and he said they insurance co would only pay for the bike once they admitted liability, insinuating they would only pay the full compensation in the one go.

Anyway, I'm still right at the beginning if the process; lawyer only received the insurance details this week. So will ask again a month or so down the line.

NO, do it next week , and the week after, and the week after that... The only person an early settlement is important to is you. The OtherSide will want to string it out as long as possible ( unless you are charging them per day for expenses) , your solicitor is only interested in the amount of time he charges, not how long a period those charges are over. Nasg, nag, and then nag again. make yourself a pain in the arse.

 

[gbb]

You don't have to go through a solicitor. If you contact the driver's insurance company you may decide that you're comfortable dealing with them directly. Also, as said above, I would claim for injuries received. You may also want to consider claiming for damage to clothing and other items.

I did this last year after being knocked off and felt that I was treated fairly by the insurance company. My claim for physical damage to a mobile phone (damaged in my pocket) was settled very quickly. In my case my bike wasn't damaged enough to claim for, but I received £1000+ for the injuries I sustained (cuts and bruises, on crutches for a week or two).

I had similar with my incident with a bus. TBF, only superficial injuries but a damaged bike and clothing, cost of repairs circa £500, bike cost £600 when new. In my case the guy denied responsibility, but once it'd gone through court, found guilty, i contacted the bus companies insurers and we 'negotiated' a settlement quite quickly....after i let them know they hadn't a leg to stand on and i was sure they didn't want the hassle and financial pain of me going through a solicitor or claims company. Initially they offered £500 (IIRC), i refused and they immediately upped it to £800 (IIRC)
Now some will quite rightly say a solicitor could have got more...but i was happy with the offer, and it was quick and painless. Go through a solicitor, you'd probably get more, but you can guarantee a solicitor will stretch it all out to maximise his income from it all.
And then...my injuries were superficial....perhaps if they were worse and could theoretically flare up in the future, perhaps a solicitor is the best way to go...i know doing it myself, as far as the insurers were concerned, mine was a one off payment, then everyone washed thier hands of it (so's to speak).

Hope you're ok Red, GWS.

 

[Crankarm]

2 years, 2 months counting since I was knocked down. Not recieved a penny despite the solicitor stating early on they would secure an interim payment. Several times I have questioned them why it is taking so long just to get an interim payment but several times I have been fobbed off. Excuses after excuses afaiac. The driver admitted driving without due care and attention by attending a driver awareness course so liability is NOT an issue. It was his fault. The first time I was knocked down, I received an interim payment of £2.5k within 3 months. Not this time though. I feel a letter coming on.

 

[Deleted member 20519]

I know this threads a month or so old but I'm sorry to hear about your crash redcard! I'm not too keen on that roundabout and I've had several people pull out on me on it.


View: http://www.youtube.com/watch?v=n3bdC4tVpSc


Hope you're recovering well and that you get reimbursed for the damages to your bike.

 

[fossyant]

I dont know Fossy's case, but the general answer is that the insurers will not want to offer settlement until the full extent of your pain and suffering is known.
An injury that recovers quickly will settle for less money than an injury that drags on with complications.
If you settle too soon and the injury flares up you have no come back.

Effectively this. You have to wait till you've got to the bottom of the problem. I know on here I posted that I thought I'd got away with it, no injuries other than bruises. Wasn't until two weeks later, and I had gone swimming with the kids that the shoulder started playing up - very noticable though, clunk clunk every stroke. Then, of course BC's solicitors were involved. That said, bike damage was paid out within 6 weeks of lodging the claim. Injuries took longer.

 

[fossyant]

Just to note, once liabilty is admitted, you should get the bike/clothing sorted as an interim payment - your solicitor should secure this. You should also be limiting losses - e.g. if you have another bike, use that, if not take the cheapest form of transport. I had an initial payment after 6 weeks that covered bike costs and some physio, then another interim some significant time later, before my final settlement at the end. My physio costs were nearly £3k overall.

 

[Arjimlad]

Any solicitor worth his/her salt will want to have proper medical evidence available, and know the full prognosis from qualified medics before agreeing settlement, all of which can take some time to clarify following the injury.

As Fossy says, the costed stuff should be paid out quicker, but the "general damages for pain & suffering" are assessed by reference to the severity of the injury, what residual harm you will be left with, and suchlike.

Get well soon, anyway !

 

[redcard]

I'll be happy to get a pay out for the bike in the next couple of months, but the solicitor gave me the impression he wasn't looking for an interim payment. I think he thinks the insurers will deny liability until it gets to court. Maybe things will change once the insurers state which way they're going, buts till then I guess no one knows.

 

[redcard]

I know this threads a month or so old but I'm sorry to hear about your crash redcard! I'm not too keen on that roundabout and I've had several people pull out on me on it.


View: http://www.youtube.com/watch?v=n3bdC4tVpSc


Hope you're recovering well and that you get reimbursed for the damages to your bike.

Almost identical to my accident - I take that roundabout inappropriate in a similar way.

Not been on a bike for 6 weeks - it sucks.