After reading the T&Cs and accompanying forms from the solicitor, it felt like I would be selling my soul if I signed them. I didn't get a feeling that I was their principal concern, but that they would manipulate the situation so that they did as little work as possible to obtain as much money for themselves as they could.
What's fair compensation?
- Thread starter Marli
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After reading the T&Cs and accompanying forms from the solicitor, it felt like I would be selling my soul if I signed them. I didn't get a feeling that I was their principal concern, but that they would manipulate the situation so that they did as little work as possible to obtain as much money for themselves as they could.
Thank you everyone.
I think insurance cover is a good idea. Never had a bike accident before and, of course, never thought it would happen to me!
The insurance company have been so rude and slack that I don't think I can be bothered to go back to them again (I had to contact them several times to start the claim, even though the third-party had informed them of the accident).
I think I will go small claims. I'm of the view that the insurance company will not contest the amount because it's quite low, liability is already established and, as you say, just to engage a lawyer for the proceedings would cost more than that. There's always an unknown; justice and the law are mutually exclusive in my view. It's whether I wait to see if my elbow injury has a legacy beforehand.
I think insurance cover is a good idea. Never had a bike accident before and, of course, never thought it would happen to me!
The insurance company have been so rude and slack that I don't think I can be bothered to go back to them again (I had to contact them several times to start the claim, even though the third-party had informed them of the accident).
I think I will go small claims. I'm of the view that the insurance company will not contest the amount because it's quite low, liability is already established and, as you say, just to engage a lawyer for the proceedings would cost more than that. There's always an unknown; justice and the law are mutually exclusive in my view. It's whether I wait to see if my elbow injury has a legacy beforehand.
But I lose control of situation. I don't feel that lawyer's necessarily act in the interests of their clients; more their bank balance. I just felt that this is a simple case. Of course, I may be stung by my own naivety.
vickster
Legendary Member
Up to you.
I used British Cycling’s solicitor’s for a claim a few years ago, it took a long time to resolve due to slow recovery and ongoing issues. No complaints, at no point did I feel the solicitors were acting in their interests not mine. They have very strict codes of contact to adhere to.
roubaixtuesday
self serving virtue signaller
I fear you will.
I've made two claims, the one handled by a solicitor definitely left me thinking both they, and the medical professional submitting evidence were maximising what they got for minimal effort.
But it almost definitely will result in a much bigger award reflective of the actual damages legally due to you. In my case, they trebled the initial offer; insurance companies deliberately make ridiculous first offers in order to scam the unwary.
Good luck either way.
classic33
Leg End Member
At present the ones with control of the situation is the drivers insurance company, not you. They've made an offer and you've declined.
I lost any control I thought I had within a week. False address given by the driver, and no record held by the police of the incident.
You've the latter, hand it over to a solicitor who actually has experience of dealing with these types of claim. For the sake of a phonecall or filling a form in online, what have you to loose?
They'll let you know if they feel there's a chance of winning. If you feel that you'll be selling your soul to the devil, don't sign in red ink.
Download either of MIB forms to get an idea of what's required from yourself. Then look at the statement template by @Vikeonabike for how to fit that in.
The change you mentioned is reflected in the piece @vickster gave the link to.
Don't be put off.
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There are solicitors who are specialists in dealing with cycling incidents. There are ads in cycling magazines and info in both Cycling UK and British Cycling web sites. If you have ongoing issues with injuries sustained in the incident then it's time to get the professionals involved. You have to take control of the process or you'll get nowhere with the insurance company.
But in this case the OP doesn't need to go "No Win, No Fee" (which is where that slice usually gets taken). The OP has already "won" due to the admission of liability. Thus the insurance company will pay all legal fees unless they can demonstrate that the legal fees are unreasonable. If they had offered you £10,000 before you instructed a solicitor and you turned that down then only got £5000 they could justifiably argue that the fees are unreasonable.
In this case a good personal injury solicitor will most likely take the case without taking any of your damages as they will have 100% certainty of getting their costs from the insurer. Bear in mind that although you might have to pay for some disbursements up front (e.g. GP report), these will all be claimed back from the Insurer.
Finally, be patient. These cases can take a while to resolve. 1-3 years is not unusual.
Disclaimer - I worked as a Legal Secretary for a Personal Injury firm about 20 years ago. I am not sure how things have changed since then :-)
vickster
Legendary Member
There was some change in the last few years which I think was mentioned upthread, no idea on the details. Something to do with how small settlements are handled.
https://www.lawsociety.org.uk/topics/civil-litigation/personal-injury-whats-changing
The OP simply needs to talk to a specialist cycling injury solicitor. They may advise small claims court as it might not be worth their while taking the case, but only they can confirm how to proceed
https://www.citizensadvice.org.uk/law-and-courts/personal-injuries/
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Well, I've had some interesting responses from the insurer of the driver who knocked me off my bike. Does anyone know whether the small claims limit for personal injury (excluding damage to bike/clothing etc) following a bicycle accident will rise in April this year? I'm confused by what I'm reading - it says it will rise to £5k, but will cyclists still be limited to 1K. Does this mean that anything above 1K personal injury has to be submitted via the MOJ portal?
Also, I'm confused by the medico legal report. Apparently, you own GP cannot complete the report. The whole thing sounds like a right scam to me and just a way of bumping up the price.
Many thanks.
Also, I'm confused by the medico legal report. Apparently, you own GP cannot complete the report. The whole thing sounds like a right scam to me and just a way of bumping up the price.
Many thanks.
vickster
Legendary Member
Yes you need an independent medical report.
All of this is why it is so much better to go through a solicitor
