The next thing I knew I was on the deck

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NorthernDave

Never used Über Member
Firstly, GWS.

A lot of good advice has already been posted, but there is one more thing I'd suggest - physio.
Start this as soon as your doctor says you can. Do not wait potentially 6-8 weeks for an NHS referral to a physio as the sooner you start the better. Swift physio can make a massive difference to your recovery and the ultimate prognosis.
Tell your legal advisers to sort this out, preferably with a physio who specializes in the treatment of the type of injuries you've sustained.
If you have to (and can afford it) pay for it yourself in the short term rather than waiting, although you may find that if the driver admits liability their insurers might arrange this for you as it is in their interests for your recovery to be as swift and as full as possible.
If you have to pay for the physio, make sure you pass all the receipts to your solicitors and ask them to obtain interim payments if needed to reimburse these costs while the main claim is ongoing.
 

vickster

Squire
LeighDay will sort out the physio for you, they use a 3rd party company who'll contact you to arrange for somewhere close to home. There is an obligation for your rehab to be assisted and expedited under the rehabilitation code. Ask the specialist's advice as to when this should start. Remember to keep any receipts for taxis to appointments etc
 

classic33

Leg End Member
I think its been said before, but keep the origional receipts, scanning them and using the scanned copies.
Easier in e-mails and if one should go missing you'll only have yourself to blame. Been there & done that. Lost one, but was able with the aid of the shop, to get a copy. Payment made by card and they went through their copies of the receipts. I was lucky.
 

Tojo

Über Member
Out with a friend this last Sunday for what was supposed to be a steadyish 60 mile ride. 17 miles in though it all came to a sudden stop when a car came out of a side junction without checking properly, and as the title says, the next thing I know I am skidding along the middle of the road.

According to my friends account and an eyewitness the car took his back wheel putting him down and I hit the front corner flinging me over the top.

My friend got away with cuts and bruises whilst I end up in the middle the road with blood streaming down my face and unable to move my right leg. I think the first thing I said when a witness came over was that I needed am ambulance.

As a result I am typing this from my hospital bed with a fractured pelvis a cut eye and various other scrapes and bruises. I am hoping to avoid surgery but will not be able to stand on my right leg for 6-8 weeks to avoid the risk of shattering the the socket where the top of the femur goes into the pelvis.

This isn't a post looking for sympathy for whilst this is not good i also recognise that it could have been a lot worse. The damage to my head and face ( may have permanent scar) and of course the helmet itself tells me that the helmet likely saved me from a sever head trauma or worse.

I am more concerned with what happens next and how long I can expect the process to take. I a member of British Cycling so will contact them once I get home. Also the police who have spoken to my friend, but not yet to me, have indicated that the driver was clearly at fault. We have full details of the car involved and the eye witness. Do we have to wait for any potential prosecution the police may make and the outcome before we can claim? Also am I right in assuming that if it is as open and shut as it should be that I am claiming not just for the bike damage but for my injuries also?

As a final question what do I need to be getting now evidence wise to ensure any claim/prosecution goes smoothly?






I had the same scenario, the only difference is that I was on a motorcycle. The claim should be straightforward when, who was at fault is determined, which seems in your case, as in mine pretty much the driver pulling out.
The legal claim crunchers have guidelines on injures and they are pretty much set in stone and also there shouldn't be any problem with damage to your bike and any other stuff like the gear you were wearing, just get quotes for replacing any of them, all that has been determined in my case, but where it got sticky in my case is the loss of earnings, I'm four years down the line in that area as I could not return to my job as a commercial diver as I cannot get a medical, but in your case it should be ok as you say about the sick pay and presumably you will return to work in the job you were doing before the accident, what I would say though is that they will claim back on your loss of earnings up to return as they will argue that why should anyone else be out of pocket when the driver of the car was at fault. Also there may be some bickering to try and give themselves leaway about the fact that your injuries may have a premature effect on your health as in the earlier set in of arthritis but that should be ok if you have not had any other previous injuries in the same area.
Also if you are out of pocket for anything during your recuperation, get receipts for that, and also what I was told to do was log any help I needed after I left hospital, even by family members as you can claim for that too as it outside the norm with you being limited in what you're capable of due to your injuries, but in the end it will always come down to a bun fight between the two parties legal teams obviously one wants to get you what you are due and the other wants to limit the amount they have to pay, but in your case as in mine, we do have the advantage as when you are deemed not at fault, the other side have to pay all the costs and they will not want to go to court as they will be out of pocket unnecessarily, all I would say from that is they will do anything to reduce the payout so do not give them anywhere to go, I have had trackers put on my car by a PI hired by them to watch me and track my movements. it bothered me at the time but in retrospect it went on my behalf as I had nothing to hide.
I've been going through this for four years as I said so went through all the aspects, so if you need any pointers please PM me if you have any questions and I will try and help or clarify anything you may be unsure about when you get involved with the legal twits, as they tend to try to try and befuddle you, even your own side, at the end of the day they are in each others pockets I think, one last thing I'll say is, if at any point you do not feel you are being represented by your appointed solicitors, say so, I have already told the potential Barrister that I was appointed that I wouldn't want him to represent me in an arse kicking competition, never mind in court.....:thumbsup:
 
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50000tears

50000tears

Senior Member
Location
Weymouth, Dorset
Just a quick update.

Only ventured back outside on crutches 18 days after the accident but once I had taken that first 'step' my progress has gone very well. 3 days later I took my first few painful steps without the crutches. 2 weeks later and I had my first ride since the collision yesterday which was a high cadence spin of around 14 miles with a rest at the halfway point.

So physically I have improved a ton but still have a good degree of muscle damage and soreness down my right hand side. The hardest thing about getting back on the bike was ...... getting back on the bike, clipping in and out of the cleats with my right leg was also painful.

The claim is going OK and lots of receipts and other info given to the solicitors and witness statements made to the police. The bike has had to be written off as without x-Rays it is impossible to tell whether there are hairline cracks underneath the paint. And as the bike got hit by the car on the left side then fell hard to the right the chances that there is one is doubled.

The thing I was most pleased about was that I was still able to ride confidently on the road. I had worried that I would be more nervous as a result of the collision but thankfully this was not the case. I now need a new road bike and am very eager to get my fitness back as soon as I can which as you can imagine has taken as big a tumble as I did in the last few weeks. I know I need to take it easy and build up slowly but hopefully after a couple of weeks of steady riding I will be able to start pushing on.

As a final bit of info, and a BIG silver lining to the cloud, I am ordering from my local shop a somewhat better bike than was written off. Written off was a Giant Defy 1, although it had had some upgrades done; new bike will be the Scott Addict 15, so full carbon with DI2 Ultegra! Without the accident it might have been years before I could get my dream steed!
 

Sara_H

Guru
Bad luck - awful injuries. I hope you heal quickly.

I was victim of a deliberate hit and run last July. My perpetrator was prosecuted and imprisoned so you'd think that the compensation would be fairly straight forward but no!
Despite agreeing an interim payment in November I have yet to see a penny and have had to pay to have my bike repaired.
This is due to a combination of his insurance company being awkward and my solicitor being a bit crap, frustrating really.
 
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50000tears

50000tears

Senior Member
Location
Weymouth, Dorset
I was victim of a deliberate hit and run last July. My perpetrator was prosecuted and imprisoned so you'd think that the compensation would be fairly straight forward but no!
Despite agreeing an interim payment in November I have yet to see a penny and have had to pay to have my bike repaired.
This is due to a combination of his insurance company being awkward and my solicitor being a bit crap, frustrating really.


Sorry to hear that. Hopefully as the solicitors acting for me are the soul ones used by British Cycling they should have plenty of experience in dealing with this sort of claim.

I am fortunate in that I can afford to replace my bike without having to wait for any compensation to come through which I do expect to take many months to fully resolve.
 

Sara_H

Guru
Sorry to hear that. Hopefully as the solicitors acting for me are the soul ones used by British Cycling they should have plenty of experience in dealing with this sort of claim.

I am fortunate in that I can afford to replace my bike without having to wait for any compensation to come through which I do expect to take many months to fully resolve.
Which solicitor is it? I thought I was in safe hands as it's the CTC solicitor, but they've been appalling. And don't get me started on the medical "expert" they sent me to.
 
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50000tears

50000tears

Senior Member
Location
Weymouth, Dorset
Likely to be the same then. Cannot remember the actual solicitor I have been dealing with but imagine the firm is the same - Leigh Day. You are further ahead of me as only sent my medicine stuff off last week so appointment still to come.
 

classic33

Leg End Member
Bad luck - awful injuries. I hope you heal quickly.

I was victim of a deliberate hit and run last July. My perpetrator was prosecuted and imprisoned so you'd think that the compensation would be fairly straight forward but no!
Despite agreeing an interim payment in November I have yet to see a penny and have had to pay to have my bike repaired.
This is due to a combination of his insurance company being awkward and my solicitor being a bit crap, frustrating really.
Point out to the solicitor acting on your behalf, that you're not happy with the way they are handling the case. And if they should continue to carry on in this way you will be moving solicitors.
Contact the Law Society with regards to the way it is being handled and see what they have to offer, advice wise.
 

vickster

Squire
I've had no communication with a Leigh Day solicitor, only a paralegal. Although I assume that she is consulting with her boss if required or will do
 
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