mumbo jumbo
Senior Member
- Location
- Birmingham
Really sorry to hear about your accident. I can't add to the advice above. Just get well soon. Look forward to seeing you again on a South Bham ride someday.
mj
mj
Knocked off!
- Thread starter PJ79LIZARD
- Start date
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OP
OP
PJ79LIZARD
Über Member
- Location
- WEST MIDLANDS
Just recieved earlier today my magic shine MJ 808 and MJ 818 rear lights and my front light lens is shattered! The day gets better...........
400bhp
Guru
How has he wasted money?
Matthew_T
"Young and Ex-whippet"
- Location
- Prestatyn, North Wales
Fuel, food, things for me while I was in hospital.
Scilly Suffolk
Über Member
Firstly, commiserations and best wishes for a speedy recovery.
Secondly, I must disagree with Red Light (with all due respect) in the strongest possible terms.
If you come to an informal agreement with the driver, there is nothing to stop them reneging on the agreement; you will then have to pursue damages through the insurer (or if they are uninsured, the Motorists' Insurers Bureau) and the agreement you have made will prejudice any negotiations with them.
You need representation, this is not a straight-forward case; it involves both General and Special Damages and you may have long-term medical complications. If you don't have specific cycling insurance through, for example the Cyclists Touring Club, check any Household insurances you may hold, they often include Legal Expenses cover.
Failing which, engage a Solicitor with specific experience in this area: check the back of cycling magazines where you will find adverts from such practices.
A quick resolution is unlikely to be a good one (for you) in these circumstances!
The Horse's Mouth
Proud to be an Inverted snob!
PJ79LIZARD I have written a personal message to you, i hope u find it useful
This is what i would recommend anyone having an accident does to claim compensation. I give this advice as a commuter cyclist who has worked for numerous insurance companies dealing with personal injury claims for 25 years.
1. get a good solicitor. Not necessary but even i went to a lawyer when i went down a pot hole last year and claimed against the council. Even though i knew how much my claim was worth.
2. get receipts for everything. you can claim for any expense that you wouldnt have incurred if the accident hadnt occurred.
3. get medical evidence. make sure everything is documented.
4. keep wage slips for at least 13 weeks pre accident, to prove your earnings b4 the accident.
5. keep wage slips during any period of absence.
6. photos are great. take pics of the car that hit you, the pot hole you hit (with something next to it to give it scale if you dont have a ruler). your damaged bike. damaged clothing. keep the bits that are damaged too. If you have receipts find them and take photocopies.
7. Basically evidence is everything. If you can prove the loss then the insurance company cant argue it.
8. For what its worth insurance claims handler are not ogres. Their job is to compensate genuine claimants for their losses. I dont sit there trying to get out of paying claims and trying to stitch up claimants.
9. If you are dealing with the claim yourself and you get an offer, check to see if it adequate. Most lawyers and judges refer to the JSB guidelines.
10 Be patient. These things can take time especially if you have ongoing medical injuries. My claim took 18months from accident to receiving my compensation. I was only claiming for a broken little finger.
What not to do.
1. do not accept any offers until you have totally recovered from the accident (unless advised different by a solicitor)
2. dont exaggerate your claim too much. Dont get greedy. Insurance companies have so much at there disposal now. not just surveillance.
3. dont just go to any solicitor. Make sure they are experienced in personal injury.
Hope this is helpful. Im sure ive missed loads but personally getting a good lawyer will always be my first advice.
This is what i would recommend anyone having an accident does to claim compensation. I give this advice as a commuter cyclist who has worked for numerous insurance companies dealing with personal injury claims for 25 years.
1. get a good solicitor. Not necessary but even i went to a lawyer when i went down a pot hole last year and claimed against the council. Even though i knew how much my claim was worth.
2. get receipts for everything. you can claim for any expense that you wouldnt have incurred if the accident hadnt occurred.
3. get medical evidence. make sure everything is documented.
4. keep wage slips for at least 13 weeks pre accident, to prove your earnings b4 the accident.
5. keep wage slips during any period of absence.
6. photos are great. take pics of the car that hit you, the pot hole you hit (with something next to it to give it scale if you dont have a ruler). your damaged bike. damaged clothing. keep the bits that are damaged too. If you have receipts find them and take photocopies.
7. Basically evidence is everything. If you can prove the loss then the insurance company cant argue it.
8. For what its worth insurance claims handler are not ogres. Their job is to compensate genuine claimants for their losses. I dont sit there trying to get out of paying claims and trying to stitch up claimants.
9. If you are dealing with the claim yourself and you get an offer, check to see if it adequate. Most lawyers and judges refer to the JSB guidelines.
10 Be patient. These things can take time especially if you have ongoing medical injuries. My claim took 18months from accident to receiving my compensation. I was only claiming for a broken little finger.
What not to do.
1. do not accept any offers until you have totally recovered from the accident (unless advised different by a solicitor)
2. dont exaggerate your claim too much. Dont get greedy. Insurance companies have so much at there disposal now. not just surveillance.
3. dont just go to any solicitor. Make sure they are experienced in personal injury.
Hope this is helpful. Im sure ive missed loads but personally getting a good lawyer will always be my first advice.
OP
OP
PJ79LIZARD
Über Member
- Location
- WEST MIDLANDS
Thanks for that.
400bhp
Guru
£100 worth?
unless the driver is offering in excess of one thousand pounds i would definately call his insurers.
i had a similar incident two years ago , ended up on the roof of the car, but and not significantly injured at all.
the car drivers insurance compant where very quick to offer me £1200 to settle.
i accepted and had banked the check whithin a week of the incident.
i got my new bike the next week ;-)
i had a similar incident two years ago , ended up on the roof of the car, but and not significantly injured at all.
the car drivers insurance compant where very quick to offer me £1200 to settle.
i accepted and had banked the check whithin a week of the incident.
i got my new bike the next week ;-)
[quote name='The Horse's Mouth' timestamp='1314910721' post='1822620']
7. Basically evidence is everything. If you can prove the loss then the insurance company cant argue it.
8. For what its worth insurance claims handler are not ogres. Their job is to compensate genuine claimants for their losses. I dont sit there trying to get out of paying claims and trying to stitch up claimants.
[/quote]
Not my experience. The insurance company (or rather their lawyers) argued everything. Even though the police had taken statements from witnesses that confirmed the driver's fault I had to go to the ABI to get them to comply with the industry code ( they would not answer letters at all or take months to answer) and eventually had to take them to Court. They finally settled in full the day before the Court hearing.
To clarify what I said above that people seem to have taken exception to, I am not suggesting the OP settle for any less or not have their situation properly evaluated and the costs calculated. But in law the liability is the drivers and they are the person you are claiming off. The purpose of the insurance company is to stand behind the driver and underwrite the costs of any settlement. Your first point of contact has to therefore be the driver unless and until the insurance company take over the case management. In my case, even though the insurance company was handling everything it was still the driver I had to take to Court, not the insurance company.
If its as serious as some have indicated then its very likely the driver will take one look at the potential cost and run straight to their insurance company but if not you probably have a settlement in a few weeks versus what, in every case I've known, turns out to be a long hard battle taking often years and during which you are out of pocket until (if) the settlement comes in. And if its a big claim you can bet they will try every wriggle in the book to reduce it from contributory negligence (you didn't slow down when you saw them waiting to turn) to the injuries were exaggerated and you really didn't need to stay off work that long etc. And you will face the problem of whether to accept the low offer they have pitched or risk going to Court to try for something higher.
In my case it was open and shut as the police had taken witness statements which confirmed the drivers fault. It still took me a year's hard and frustrating slog and close to a Court case to get the settlement thanks to the actions of the insurance company (Nissan Insurance) and their lawyers (who even phoned me up at one point to tell me I was going to lose and they would be claiming costs to the max off me in an attempt to scare me off). Fortunately I had the legal confidence to shrug it off and tell them I'd see them in Court anyway but a lot of people wouldn't. During that year I had to carry the costs of getting the bike fixed and the legal processes (I was not really injured, just damage to the bike so no chance of a no win no fee lawyer) to say nothing of the hours I spent on the process.
7. Basically evidence is everything. If you can prove the loss then the insurance company cant argue it.
8. For what its worth insurance claims handler are not ogres. Their job is to compensate genuine claimants for their losses. I dont sit there trying to get out of paying claims and trying to stitch up claimants.
[/quote]
Not my experience. The insurance company (or rather their lawyers) argued everything. Even though the police had taken statements from witnesses that confirmed the driver's fault I had to go to the ABI to get them to comply with the industry code ( they would not answer letters at all or take months to answer) and eventually had to take them to Court. They finally settled in full the day before the Court hearing.
To clarify what I said above that people seem to have taken exception to, I am not suggesting the OP settle for any less or not have their situation properly evaluated and the costs calculated. But in law the liability is the drivers and they are the person you are claiming off. The purpose of the insurance company is to stand behind the driver and underwrite the costs of any settlement. Your first point of contact has to therefore be the driver unless and until the insurance company take over the case management. In my case, even though the insurance company was handling everything it was still the driver I had to take to Court, not the insurance company.
If its as serious as some have indicated then its very likely the driver will take one look at the potential cost and run straight to their insurance company but if not you probably have a settlement in a few weeks versus what, in every case I've known, turns out to be a long hard battle taking often years and during which you are out of pocket until (if) the settlement comes in. And if its a big claim you can bet they will try every wriggle in the book to reduce it from contributory negligence (you didn't slow down when you saw them waiting to turn) to the injuries were exaggerated and you really didn't need to stay off work that long etc. And you will face the problem of whether to accept the low offer they have pitched or risk going to Court to try for something higher.
In my case it was open and shut as the police had taken witness statements which confirmed the drivers fault. It still took me a year's hard and frustrating slog and close to a Court case to get the settlement thanks to the actions of the insurance company (Nissan Insurance) and their lawyers (who even phoned me up at one point to tell me I was going to lose and they would be claiming costs to the max off me in an attempt to scare me off). Fortunately I had the legal confidence to shrug it off and tell them I'd see them in Court anyway but a lot of people wouldn't. During that year I had to carry the costs of getting the bike fixed and the legal processes (I was not really injured, just damage to the bike so no chance of a no win no fee lawyer) to say nothing of the hours I spent on the process.
Wobblers
Euthermic
- Location
- Minkowski Space
Oh no! Sorry to hear about this, PJ.
Gaz and Fossyant have the right idea. You need a good solicitor to handle all the legal stuff: If you're a member of the CTC or BC, go through their legal help line. If not, go to someone like Russell, Jones and Walker: they're the CTC solicitors and have a good track record of this sort of thing.
You may need to badger the hospital/doctor/consultant to get the right treatment. Don't accept getting fobbed off with a "it'll get better on its own". Ask lots of questions and don't be afraid to insist on getting physio - by the sounds of it, you'll need it.
Having said that, I do hope you make a swift recovery and are back on the bike soon!
That sounds better. Hopefully you'll have better news tomorrow.
Gaz and Fossyant have the right idea. You need a good solicitor to handle all the legal stuff: If you're a member of the CTC or BC, go through their legal help line. If not, go to someone like Russell, Jones and Walker: they're the CTC solicitors and have a good track record of this sort of thing.
You may need to badger the hospital/doctor/consultant to get the right treatment. Don't accept getting fobbed off with a "it'll get better on its own". Ask lots of questions and don't be afraid to insist on getting physio - by the sounds of it, you'll need it.
Having said that, I do hope you make a swift recovery and are back on the bike soon!
That sounds better. Hopefully you'll have better news tomorrow.
thehairycycler
New Member
Sorry to hear about your accident!
one thing to keep in mind is loss of earnings includes overtime you have missed out on due to being off your work. A freind of mine got knocked down just before he was due to get a few shifts overtime he got all that in his claim he didn't expect to get the O/T but his soliciter told him this was all claimable
one thing to keep in mind is loss of earnings includes overtime you have missed out on due to being off your work. A freind of mine got knocked down just before he was due to get a few shifts overtime he got all that in his claim he didn't expect to get the O/T but his soliciter told him this was all claimable
Crankarm
Guru
- Location
- Nr Cambridge
Sorry to read that you have been felled by what seems quite a nasty collision caused by yet another numptee moton. It sounds as if you were lucky not to have been killed.
I direct you to Gaz's most sensible and informed post. If you don't seek legal advice as he urges you to and then instruct a personal injury solicitor, preferably a cycling specific one, then you need to go back to A&E to have your head examined for concussion. You would have to be mad to settle with this numptee moton on an informal basis.
Just want to clear up some other points. What the plods do is irrelevant to your civil claim against this plank of a moton. The police act for the State to prosecute where criminal offences have occurred. Were there any witnesses? I am surprised though that the plods have not yet indicated to you a likely course of action. I would have thought that the moton would at the very minimum be sent on a driver awareness course but given how blatantly negligent his driving was why he isn't being prosecuted. I would want to know why if not, and if not, a letter to the IPCC would be on it's way.
Regarding whether the moton is insured - the police should have checked this and whether any insurance offered by the moton was valid. If not they should be prosecuting the moton for driving without insurance. This doesn't affect your civil claim as it is merely redirected to the MIB, but you will still need a solicitor. The police will NOT give the details of the drivers insurers despite the fact that they are required to. They will tell you you need to write in, which you do, but then they ignore you and finally they tell you they can't give the details because of data protection because they are ignorant simpletons. The only way you can get the insurance details from the driver is by instructing a solicitor which you are going to do anyway, who plod will levy a fee!!! So nothing whatsoever to do with data protection they just want to raise cash . %^4H"s!
The other thing you need to do is visit your GP asap who can be instrumental in getting the wheels of the NHS turning and treatments for you which you may need sooner than later before your body starts to heal when perhaps such treatment will have a much reduced effect. Plus your GP should document all your injuries.
Your claim against the moton may well reach a signficant amount when all heads are taken into account. There is no way most people can pay this type of sum that is why there is insurance. Incidentally the moton SHOULD have informed his insurers of the collision and that a claim is likely to result given that they were at fault. It is a term of insurance that you inform your insurer of incidents or material facts that would affect your policy whether a claim is made or not.
When you are choosing a solicitor speak to a few, they all have their own speel. Go with the one you feel most comfortable with. It doesn't have to be immediately but I would suggest as soon as you can although you do have 3 years before you are out of time.
As everyone else suggests keep a diary, take pics and also DO NOT do anything strenuous too quickly. A full recovery is your primary focus.
If you are worried about immediate loss of earnings, paying bills, mortgage, etc., cost of private treatment a solicitor should be able to obtain interim payments from the insurer. They will also arrange for you to be assessed by a specialist or consultant for the purposed of your claim. Then there may be traumatic symptoms. There is a lot to take into account. Personal injury claims can take a long time as prognosis may be unclear and injuries can take a long time to heal.
CTC use Russell Jones Walker, LCC use Levens, not sure who BC use. You do not have to be a member of these cycling organisations to instruct the solicitors who they have arrangements with as they will still take you on a conditional fee agreement. There is also Alyson France who are currently handing my claim.
Good luck and GWS.
Btw the MagicShine is the least of your worries. Crap lights anyway. The slightest bit of damp and they pack up. When your claim is resolved you'll be able to buy two Exposure Max D Mk4s
.BentMikey
Rider of Seolferwulf
- Location
- South London
This is normal, and a year to settle is fairly quick. PJ's claim won't be that quick as the details on his injury will take much longer to be resolved, I should think. It's the insurance companies' duty to try to minimise their loss, so of course they're going to fight it as hard as they can. The only time they'll press for a quick settlement is if they think they can get out of a personal injury claim by paying up quickly and settling early (and some disreputable companies do hound collision victims, so be aware of this one). If you didn't have insurance and lawyers, I'm betting you'd have lost some amount of compensation and the brinksmanship game you've described.
PJ, the general advice from others is sound - go to a solicitor, because if you don't, there's a much higher likelihood that you'll be screwed over by the driver's insurance company.
