What's fair compensation?

[PK99]

As a point of order, if they try and insist on making you run around getting quotes from hither and thither, make sure you bill them for your time.

For my SMIDSY I had CTC solicitor support.

Injuries: bumps bruises and strains then kept me off the bike for several months

As I was chief child care, cook & bottle washer, the solicitor claimed an element for hours MrsPK spent on domestic duties while my bumps and bruises healed.

Also... I claimed for my written off bike on my house insurance getting full payment immediately, Hiscox then claimed off the driver's insurance without any further involvement from me.

Private physio was part of Claim.

Total cash payout to me from Drivers insurance was a little north of 10k, IIRC, 10ish years ago

 

[12boy]

I bought a Fuji track bike in December and had ordered a B17 narrow and set it up with a front brake since it was fixed. it took about a month to get it dialed in just so and to get used to being fixed and using SPDs. Cycling to work one Feb -7C morning I was struck by a car, resulting in a couple cracked ribs, some scrapes to the saddle and paint and some shattered glasses in my back pack. Because it was cold I was bundled up and was spared a bunch of road rash.
I called my insurance to ask what would be a reasonable payment they would expect to make it I'd hit a cyclist and they reluctantly said they would fix the bike and replace the saddle and my glasses and any medical. I managed to weasel out a figure of $8500 for pain and suffering from my agent, and wound up with a new powder coat, saddle, specs and $8500.00 from the driver's insurance.

 

[SkipdiverJohn]

I wouldn't be agreeing to go away for £325 I know that much. I'd expect the damage payout to put me back in exactly the same position as immediately before the accident, plus a reasonable amount of compo for the pain and inconvenience of getting injured and being unable to do ones normal routine until recovered.
The figure would have to be north of £1k otherwise I'd just go to court and make sure it cost the insurer some legal expenses. It doesn't take much court & lawyer time to make a go away quietly £1k out-of-court settlement look very cheap to an insurer. I reckon they are trying it on with £325 and they know it.

 

[Marli]

Thank you so much for your responses.

Yes, the offer from the insurance company was a first and final offer. I told them I would instruct a solicitor - that was several months ago - and I haven't heard from them since.

I have chatted to a few no win no fee and their cut ranged between 25% and 40%, but it wasn't just that that put me off.

I did enquire about not using no win, no fee, considering liability has already been admitted, but the costs were absolutely horrifying.

I do not have insurance that would cover my legal costs.

To be perfectly honest I'm only looking to get my bike repaired and also to be compensated for the pain, distress and inconvenience - I'm thinking below 1000. I don't feel I have incurred extra costs - a period of pain/discomfort and (ongoing) inconvenience definitely.

Reading through your experiences I wonder if insurance companies have hardened their stance to cyclists in the last few years, or that they are taking advantage of my ignorance.

My thought was that I'd present the case to the Small Claims (I can get a report from GP), but considering I'm looking at under 1k and that liability has already been accepted, it probably wouldn't be contested. Naïve?

Drago: What treatment (my GP told me to not rest on my elbow and flex it frequently), if any, did you receive for your ulna nerve compression? I haven't had (or been offered) an x-ray/MRI (and I feel the NHS has more pressing needs at the moment), but I don't know if it will show up anything anyway.

Thank you once again for all the helpful advice, it's much appreciated.

 

[SkipdiverJohn]

Not an accident, but a financial transaction. I had an investment which was sold and I requested payment in Sterling. The financial service provider cocked up and paid me a $USD cheque, which I couldn't cash into my account. I kicked up a fuss and was then paid sterling, but currency fluctuations left me out of pocket by several hundred quid. I banked the main sum then said I would persue a complaint about the exchange rate losses. When the provider realised I wasn't messing around they recalculated the amount based on the more favourable exchange rate, paid me the difference and added a goodwill payment because I agreed to not make a formal complaint to the regulator.
The cost of sorting it out just with me was obviously a lot less than having to respond and defend an official complaint, but they tried it on at first to see if I was a pushover or not.
If you bring an action in court, the defendant will almost certainly lose if they fail to show up to defend their case. That means there is a cost to them in paperwork preparation, lawyer time, travel etc. Unless the value of the claim is large and liability uncertain, it is unlikely to make sense for them to go to court, especially if they have already admitted liability but are just quibbling about the amount. Reading between the lines, another £500 more would probably make you walk away, and I can't see a day in court costing an insurer less than that much.

 

[Dave Davenport]

Not sure if it's changed, but the law firm I used didn't take any of my pay out, their fee's were paid by the driver's insurers, I think they got more than me!

 

[boydj]

As a starting point to a formal claim, you should put an itemised claim in writing to the insurance company covering all your costs including the personal element. Once that's rejected you can go down the solicitor route, or small claims court. That's assuming your injuries are not still bothering you - if they are then it's straight to a solicitor.

 

[Drago]

Drago: What treatment (my GP told me to not rest on my elbow and flex it frequently), if any, did you receive for your ulna nerve compression? I haven't had (or been offered) an x-ray/MRI (and I feel the NHS has more pressing needs at the moment), but I don't know if it will show up anything anyway.

I had broken bones as well. 3 operations, a bunch of titanium, extensive phisio (both NHS and private), multiple steroid and anti inflammatory injections into the joint. Left with permanently numb outer fingers, and the half of my thumb from wrist to first joint is also numb (I injured my shoukder in the same assault).

I had an MRI, which was horrendous. They had to put me in an awkward position because im too wide across the shoulders for a standard MRI machine and when they finally pulled me out I nearly fainted when I teied to move.

If it doesnt improve then trust me, you have some bad times ahead so dont settle until youre entirely sure what the medical outcome is.

 

[Beebo]

The insurers are playing a dangerous game here. They know you are unrepresented and are taking advantage of that fact.
They should be treating you in the same way as if you had legal support. The ombudsman would look very favourably on your case.

you need a medical report to document your injury and estimates to support other losses.

 

[chris-suffolk]

Even going down the no-win-no-fee route may be worth it. They have admited liability, and if you were awarded £1000 on a 25% fee, that's still £750, which is £425 more than currently on offer.
Also, as has been said, if the solicitor is any good they will insist on medical reports etc - all at the insurers cost as they have admitted liability - and they (should) significantly up the payout and also give peace of mind that there's no long term damage. Remember, once you settle, there's no going back for more in a couple of years when you find that somethings' not right and isn't going to get better, or will cost alot to put right.

 

[mattobrien]

This all sounds like a good advert for BC membership where legal cover is included.

 

[vickster]

This all sounds like a good advert for BC membership where legal cover is included.

Or Cycling U.K. or LCC

 

[classic33]

Thank you so much for your responses.

Yes, the offer from the insurance company was a first and final offer. I told them I would instruct a solicitor - that was several months ago - and I haven't heard from them since.

I have chatted to a few no win no fee and their cut ranged between 25% and 40%, but it wasn't just that that put me off.

I did enquire about not using no win, no fee, considering liability has already been admitted, but the costs were absolutely horrifying.

I do not have insurance that would cover my legal costs.

To be perfectly honest I'm only looking to get my bike repaired and also to be compensated for the pain, distress and inconvenience - I'm thinking below 1000. I don't feel I have incurred extra costs - a period of pain/discomfort and (ongoing) inconvenience definitely.

Reading through your experiences I wonder if insurance companies have hardened their stance to cyclists in the last few years, or that they are taking advantage of my ignorance.

My thought was that I'd present the case to the Small Claims (I can get a report from GP), but considering I'm looking at under 1k and that liability has already been accepted, it probably wouldn't be contested. Naïve?

Drago: What treatment (my GP told me to not rest on my elbow and flex it frequently), if any, did you receive for your ulna nerve compression? I haven't had (or been offered) an x-ray/MRI (and I feel the NHS has more pressing needs at the moment), but I don't know if it will show up anything anyway.

Thank you once again for all the helpful advice, it's much appreciated.

Contact either of the companies who've been linked too, earlier in the thread.
Explain what has happened, and go from there

 

[postman]

This shows why insurance is a must.I know I have just had a grumble against the rise in the Cycling UK cover,and will be going with British Cycling when my season starts It's worth every penny.

 

[Marli]

Not sure if it's changed, but the law firm I used didn't take any of my pay out, their fee's were paid by the driver's insurers, I think they got more than me!

A solicitor I spoke to said the law changed a few years back. I don't think the legal profession likes the changes; it's less profitable for them.