What's fair compensation?
- Thread starter Marli
- Start date
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SkipdiverJohn
Deplorable Brexiteer
- Location
- London
Possibly they will, but don't worry about it. The other side have accepted liability, so the medical report fee is their problem not yours.
vickster
Legendary Member
That's how it is...there is a specific database of clinicians who undertake medico-legal reporting which the other side will require. They may even request you to see their own chose medico-legal clinician as well. You will likely need to go see them for a thorough examination. If you are claiming psychological impact too, you may also need to see a psychologist for a detailed assessment.
Both parties will also demand your medical records be released by the GP back to the year dot (and yes, the GP will charge for that but you won't pay...unless you lose).
If they've accepted liability, why are you going through the small claims court? Isn't it just a matter now of negotiating an acceptable settlement. The amounts are determined by case law not a finger in the air based on your circumstance/injuries
Again, this is why it's far better to engage a solicitor specialist in cycling RTC injuries as advised. The law is based on bureaucracy...and PI claims are very thorough as unfortunately there are lots of fraudulent shysters out there claiming for injuries that don't exist etc (hence the thorough medical assessment process to discourage the shysters or catch them out)! (and also less than honest medics willing to state things that aren't entirely true let's say)
It's a pain for genuine claimants but it is as it is
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vickster
Legendary Member
Yes they do (as do British Cycling/LCC)...the OP isn't a member of said organisations though
Drago
Legendary Member
- Location
- Suburban Poshshire
If you do get summoned to see their quack make damn sure you stiff them for any travel expenses and your time. Make sure that you also bring a 'friend', which you are lawfully entitled to do and which the BMA positively encourages, and that you record the consultation. Doctors hate you doing it, but you are lawfully entitled to do so andp if the doctor gets sniffy a complaint to the BMA will see them officially censured.
I presume you're keeping a log of all the time you're spending on this matter? Do this dilligently and theirmefforts to save a few hundred wuid could end up costing them thousands.
classic33
Leg End Member
I'd be asking who's going to pay the independent medical assessment*. Don't be afraid to ask the question of them.
I had an independent assessment carried out, that the other side didn't agree with, insisting on getting access to my medical records for themselves to check that their independent assessment was accurate.
I'm with @vickster on this, get a solicitor to act for you. They may think twice before making demands of you.
I did a lot of the initial work myself, just like you are doing, and quickly found myself being treated as an idiot, to try and intimidate I felt and I made sure I let them know that.
Have a gander at the MIB links in the posts in commuting and general cycling. They give a fair indication of what is required from you.
*You'll add this to your incurred costs, but the price may be eye watering. Especially if they say you've to pay. Another way of putting you off. My opinion only, having been there and done that.
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classic33
Leg End Member
Are there any bicycle shops that specialize in folding bikes near you?
Your other option is to contact the manufacturer and see what they advise. Give them full details of what damage you can see, and how it happened. It may cover you if the manufacturer says it's not fixable, but the other side insist on a repair.
Your other option is to contact the manufacturer and see what they advise. Give them full details of what damage you can see, and how it happened. It may cover you if the manufacturer says it's not fixable, but the other side insist on a repair.
Cycling_Samurai
Well-Known Member
I'm gonna say good luck mate. Everyone said everything to help you.
Your story reminds me of how extremely lucky so far. Had some close calls but nothing happened.
Your story reminds me of how extremely lucky so far. Had some close calls but nothing happened.
Thank you everyone.
Initially the insurance company stated under UK law that they did not have to replace my (damaged beyond repair) bike, but the next minute, when they realised I was representing myself, they changed their mind and the cheque is in the post! As Classic33 says, their language has been intimidatory throughout, but I know, as hard as it is, that I should not take this personally. However, I do think this behaviour reprehensible.
I have nothing to hide from a medical report by a medico legal, but I cannot find anywhere that this is required by the Small Claims Court and I have yet to find a database listing these 'independent experts' (my GP surgery hasn't a clue either). However, as they are insisting on it, I will ask them, as has been suggested, if they are going to pay for it.
Does anyone know how the law changes in April? Is it that all claims up to £5K for personal injury have to go via this MOJ portal and cannot go to small claims or is it that vulnerable users (cyclists, pedestrians etc) can still go to small claims if the case is 1K or below? I'm quite confused by what I've read. Has anyone used the MOJ portal service?
Vickster pointed out that the amount for personal injury is determined by law and there is a guide (the JCB I think) that gives values. I think if the law changes to force cyclists representing themselves onto the portal for anything below 5K, it will dissuade many genuine cases from pursuing claims. I can see how the insurance industry will benefit - I bet their lobbyists were out in force to get this change.
Initially the insurance company stated under UK law that they did not have to replace my (damaged beyond repair) bike, but the next minute, when they realised I was representing myself, they changed their mind and the cheque is in the post! As Classic33 says, their language has been intimidatory throughout, but I know, as hard as it is, that I should not take this personally. However, I do think this behaviour reprehensible.
I have nothing to hide from a medical report by a medico legal, but I cannot find anywhere that this is required by the Small Claims Court and I have yet to find a database listing these 'independent experts' (my GP surgery hasn't a clue either). However, as they are insisting on it, I will ask them, as has been suggested, if they are going to pay for it.
Does anyone know how the law changes in April? Is it that all claims up to £5K for personal injury have to go via this MOJ portal and cannot go to small claims or is it that vulnerable users (cyclists, pedestrians etc) can still go to small claims if the case is 1K or below? I'm quite confused by what I've read. Has anyone used the MOJ portal service?
Vickster pointed out that the amount for personal injury is determined by law and there is a guide (the JCB I think) that gives values. I think if the law changes to force cyclists representing themselves onto the portal for anything below 5K, it will dissuade many genuine cases from pursuing claims. I can see how the insurance industry will benefit - I bet their lobbyists were out in force to get this change.
vickster
Legendary Member
I had 3 medical assessments during my claim (over about 3 years), they were all organised by an agency engaged by the solicitor. Can’t remember what they were called, but similar to this. Or get the insurers to organise as they want it and then they will pay the fees
https://www.theindependentgeneralpractice.co.uk/medico-legal.html
do you have legal cover on your home insurance, or any sort of assistance programme through your employer or union? Maybe they can offer support.
it’s not yet April, can’t you get the ball moving through the SCC?
https://www.theindependentgeneralpractice.co.uk/medico-legal.html
do you have legal cover on your home insurance, or any sort of assistance programme through your employer or union? Maybe they can offer support.
it’s not yet April, can’t you get the ball moving through the SCC?
No legal cover, but I will have in the future!
classic33
Leg End Member
https://www.jspubs.com/expert-witness/si/i/insurance-industry/
&
https://witnessdirectory.com/categories.php?toe=1&country=UK
Why are you going through the courts to claim from the insurance company.
&
https://witnessdirectory.com/categories.php?toe=1&country=UK
Why are you going through the courts to claim from the insurance company.
vickster
Legendary Member
Certain,
ly worthwhile, no need to wait for the future. It used to be that Cycling UK would provide cover retrospective,y, might be worth checking. Membership under £50 a year
vickster
Legendary Member
Indeed if they’ve accepted liability. You just need to go through the process and then negotiate
