Urgent advice please - knocked off today

[Amanda P]

Not sure what side to sleep on tonight as every side hurts!

I know how that feels!

Just caught up with this. Bad luck, Beanz. Sounds like you're on the mend though, and with a signed admission of guilt, there shouldn't be too much of a fight over repairs/replacement.

I too would be gutted if my Galaxy were bent. Had it man and boy, I have...

 

[betty swollocks]

Get well soon.
Keep a diary of how you feel and heal plus photos.
As for the bike: it sounds a pretty bad prang and therefore I'd be very wary of riding it again, even with all new components, unless the integrity and alignment of the frame could be proven to be unaffected.
Best wishes

 

[Crankarm]

Ugh... what a night. Couldn't find a comfortable position to rest in, but plenty of time for thinking... Re-reading the posts, do I still need to go to my GP today to get my injuries noted if I've already been to casualty when it happened?

[Update - just checked with CTC and they say as long as casualty recorded everything, which they did, that's all they need]

Yes, go to your GP. Your solicitors RJW will seek GP's report to gain a more complete picture of your injuries and prognosis plus the other side will want to see one. A GP can be hugely influential in your recovery - physio, scans, advice managing your injury so you heal as fully and quickly as possible. A GP can initiate specialist treatment. Your solicitors may also have specialists to attend to you, but primarily it is your GP. The other side might contend that if you didn't attend your GP and your injury/prognosis became worse then you not visiting them contributed to the deterioration in your symptoms.

Your GP will describe your injuries in greater detail than casualty who only have a limited time. Anyway aches and injuries might not have been evident when you were in casualty and may well have become more acute before they begin to get better. Also it would be wise to get them checked out just in case your are not healing as you should. Your GP will have your medical history anyway.

 

[skudupnorth]

Hope you get better soon,i'm going for my medical on Saturday for the hit and run i had in October which does not sound as bad as yours but i have a good few new scars to show the kids now !

 

[Panter]

Can't offer anything constructive but get well soon, sounds like a nasty collision

best wishes

 

[beanzontoast]

Cheers guys.

On a related tack, think I'm going to invest in a helmet camera at last. I've been considering it for some time, as I do like seeing vids people have posted (not necessarily about bad things that happen, though of course it would be useful - but just for making vids of rides to enjoy later). It's giving me something to take my mind off things doing a bit of research into them.

 

[dellzeqq]

can I suggest that you make absolutely sure that there will be no long term effects (deformation of hip sockets, however slight, for example) before you sign?

I'm still feeling the effects more than twenty years after my big smash.

 

[beanzontoast]

can I suggest that you make absolutely sure that there will be no long term effects (deformation of hip sockets, however slight, for example) before you sign?

I'm still feeling the effects more than twenty years after my big smash.

Good advice - thanks.

I'm seeing my GP tomorrow. Mrs B's taking me round in the car as walking is a bit difficult.

 

[Bollo]

+GP for you!

Just to clarify the probable medical dealings. After some initial p1ssing about (his insurers accusing you of being a mobile phone using ninja who hopped off the pavement using an old biddie's artificial hip as a ramp while downloading kiddy-p0rn on to a stolen ipod) RJW and his insurers will agree to an independent medical assessment. This will usually be carried out by a private doctor who specialises in injury reports for insurance claims. This assessment IS NOT performed primarily to treat you - its to let both parties know about the damage. RJW will then use it as the basis to calculate the 'cost' of your injuries to claim from his insurance. His insurers will dispute that cost and then the horse-trading continues. A GP report may be asked for, but my understanding is that most injury claims are dealt with as I've described to ensure impartiality. A GP is 'your' GP after all. The insurance doctor is unlikely to give you any treatment advice. It's not RJW's job to get you treated, although it is possible to claim reasonable costs for treatment as part of any settlement.

You'll also be asked to sign a contract with RJW (or any other solicitor for that matter). Don't be alarmed - RJW are your friends, its just that they're your paid friends. Their contract is worth a read because there are some things in there that may matter to you. For example, you may be liable in some very limited circumstances to pay for RJW's costs. From what I remember, they can claim costs if you turn down what they consider a reasonable offer and then subsequently lose a court case.

The best advice I can give about the whole process is to treat it like a business negotiation rather than a crusade for justice. Your enemy is his insurance company - they'll ask the driver to give a statement but its possible he'll hear nothing more until the settlement. He'll then be reminded again when his premiums are 'adjusted'.

 

[Tharg2007]

whatever they offer you decline it, lawyers will get you allot more.

 

[Crankarm]

Only accept the 3rd/4th offer or at the point your solicitor says that they think it is actually a good offer and you are unlikely to get any more from the other side. Should you hold out for more by going to trial, there could be a real risk that you could be awarded less by a judge, which would mean the other side could make an application for costs which would mean you could be liable for the other side's costs as well as your own. I think IIRC any insurance taken out to cover costs would be invalid and therefore not pay out as you declined to follow your solicitor's advice. Should you wish to ditch your solicitor and go elsewhere then they exercise a lien on your case which is basically a right to recover their costs and a proportion on any success fee that you eventually get. You may also have to pay immediately any disbursements that they have paid on your behalf such as police reports, quantum ie value of your case by a specialist barrister, medical reports, court fees - all monies you might not have. All this will be in your confitional fee agreement so read it several times and understand the implications. If in doubt about anything get your solicitor to explain it to you.

Play hard ball but bear in mind not following your solicitor's advice may be very costly. A good PI solicitor is generally very good at bargaining and upping offers. A good insurer who knows the score will want to close the case asap and not waste time and costs so if they make a reasonable offer for settlement then there can be little scope for increasing it. Maybe your solicitor can be persuasive to get them to raise their offer a little more, that is their skill, but you aren't going to get £1.2 million for scratches and bruises or whip lash. Most injuries under UK law have a miserable value attached to them. The UK is not like the US legal system where one sees massive payouts for even a cut finger or a sprained wrist. In the UK where injuries are severe meaning claimants need continual care for the rest of their lives, that they may have had a lucrative career cut short and have a family to support awards can be very large as damages are a crude attempt to place some one in the position had the accident not occurred. Loss of earnings and nursing care can be considerable.

 

[beanzontoast]

Update - forms have arrived from CTC for me to fill in.

Most of the form is fine, but I'm a bit unclear about the section claiming for damage to the bike. They've put down what they consider the full replacement cost on the form. The bike's been in my shed since Wednesday morning - I haven't been near it. I know it's damaged badly, but not how badly. I rang CTC to ask about getting the damage assessed, they were a bit contradictory. Apparently, their claim covers the personal injury side of the accident (that's clear enough - seeing doc today), but they also include a figure for the bike damage / replacement as well, so they must want me to get it assessed - yes? Or do they want me to send photos? My lights, pannier, and tights were damaged too - do I put these on the list? Do I specify the make and model of the lights etc?

Should I get the bike to my lbs for them to look at it? When I rang to ask them, the lbs says they normally deal with the insurer(?) and charge £10 for looking at a bike. Is this the right way to go?

 

[BentMikey]

I think the LBS route. You can add the £10 to the costs you're claiming, surely?

 

[beanzontoast]

I think the LBS route. You can add the £10 to the costs you're claiming, surely?

That's what I was thinking, but good to have it confirmed. One less thing to worry about.

 

[Sh4rkyBloke]

I simply noted down everything that was damaged (clothing / computer / lights etc. with makes/model numbers, and had my LBS give a quote for repairing the bike back to its former glory (i.e before the accident). A payment was made for the bike pretty soon after it all happened (they try to reduce it due to wear/tear so ensure you make it clear thatit's serviced and cleaned regularly etc.), then the PI part took distinctly longer.