Knocked off the bike

[fossyant]

Push your solicitor, they have a time limit to reply with either we accept liability or not, bet he hasn't got that far. If no liability, you issue court proceedings.

Give them a kick.

 

[classic33]

Push your solicitor, they have a time limit to reply with either we accept liability or not, bet he hasn't got that far. If no liability, you issue court proceedings.

Give them a kick.

Thats what I did.
Driver dropped all previous excuses for his behaviour, despite his solicitor wanting it to go to court. Possibly in the hope I'd either settle for less before the date or win less when it did get to court.
Do the pushing on this one, don't let them push you. The stronger your case, the more they'll push you to settle, on their terms.

 

[redcard]

Things have been progressing quickly the last few weeks. My lawyer was forced to issue a summons as the insurance company were not playing ball, and I have received an offer of settlement this week. £10K!

Not sure how they got to that amount, but it appears all my expenses have been covered, my bike has been fully covered (£3K Roubaix) and there's £2K-£3K in there which I'm not quite sure about. I was budgeting on receiving £5K-£6K.

I think the issuing of the summons means there's not much room for negotiation. I believe this is similar to a Part 36 in English law, so think a second offer is going to be unlikely. Hopefully everything should be tied up today then I can go bike shopping

 

[RhythMick]

Things have been progressing quickly the last few weeks. My lawyer was forced to issue a summons as the insurance company were not playing ball, and I have received an offer of settlement this week. £10K!

Not sure how they got to that amount, but it appears all my expenses have been covered, my bike has been fully covered (£3K Roubaix) and there's £2K-£3K in there which I'm not quite sure about. I was budgeting on receiving £5K-£6K.

I think the issuing of the summons means there's not much room for negotiation. I believe this is similar to a Part 36 in English law, so think a second offer is going to be unlikely. Hopefully everything should be tied up today then I can go bike shopping

Good news. More importantly, how's your health? All recovering, no nagging issues? Looking forward to getting back on the bike?

 

[redcard]

Good news. More importantly, how's your health? All recovering, no nagging issues? Looking forward to getting back on the bike?

I was only off the bike for February through March. No nagging issues, the bone healed as expected, and last check I had 90-95% movement.

 

[Cyclopathic]

When I was knocked off I found it very easy to go through the drivers insurance. I did contact a no win no fee place but they were over eager in my opinion and they wanted an independent doctor to look at me and all sorts of stuff. The womans insurance company were happy to use my own doctors report and they made me a fair offer to replace my bike and for my pain and suffering.
Had they offered me a figure I wasn't happy with I would have taken it further but I think insurance companies take this into account when making an offer so are usually reasonable.
I'd recommend claiming off his/her insurance and then if not satisfied take it further. Taking it further can take ages though and if all you want is fair recompense I think you'll be ok.

 

[redcard]

When I was knocked off I found it very easy to go through the drivers insurance. I did contact a no win no fee place but they were over eager in my opinion and they wanted an independent doctor to look at me and all sorts of stuff. The womans insurance company were happy to use my own doctors report and they made me a fair offer to replace my bike and for my pain and suffering.
Had they offered me a figure I wasn't happy with I would have taken it further but I think insurance companies take this into account when making an offer so are usually reasonable.
I'd recommend claiming off his/her insurance and then if not satisfied take it further. Taking it further can take ages though and if all you want is fair recompense I think you'll be ok.

I've accepted the £10K offer.

My lawyer thinks they overpaid my claim as it was cheaper than going to court. I asked if he could negotiate to up to £11K or £12K, but said they might ask for supporting evidence, and he wouldn't have anything to give them beyond the £7K-ish value of my claim.

 

[michaelcycle]

Had they offered me a figure I wasn't happy with I would have taken it further but I think insurance companies take this into account when making an offer so are usually reasonable.

Not according to data received from the FSA and analysed by the Law Society which showed that people who consult a solicitor after receiving an initial offer from an insurer get 2-3 times more. That wouldn't be scope for that to happen if the offers were legally reasonable in the first place:

http://www.lawsociety.org.uk/dontgetmugged/

If in doubt go to a solicitor (NOT a claims management company...)

 

[Twelve Spokes]

Hope you are ok mate.

 

[zizou]

Good to hear its settled

Enjoy the bike shopping!

 

[Deleted member 20519]

Glad to hear that it's sorted

 

[cyberknight]

Glad your sorted and your health is ok which is the most important thing.

I was only off the bike for February through March. No nagging issues, the bone healed as expected, and last check I had 90-95% movement.

 

[benb]

Nice result, you can now splash out on a shiny new bike.
Glad you're healing OK too. Guess you could say you're well heeled now!