Where to go from here?

[mythste]

This ones for Mrs Mythste,

this morning on her commute to work she was MGIF left hooked on a junction, resulting in her being knocked off and the car then running over her arm - she's currently under observation for what they think might be internal bleeding of sorts as well as a shoulder broken in 3 was an a broken elbow. She's in high spirits and apart from obvious pain - "okay".

My question is, neither of us really have any idea as to who to contact next, the police and all witnesses seem to attest that the driver was at fault and have said the driver will be made to pay £130 for a driving awareness course. Do we contact the drivers insurance company? Are ambulance chasers the next step?

Any and all advice and kind thoughts sent her way will be much appreciated - we're all in a bit of shock at the moment I think!

 

[HarryTheDog]

Really sorry to hear this. Similar thing happened to me but on a mortorbike, nearly 12 yrs ago, shoulder smashed etc. I used a firm of ambulance chasers who sorted it all out. Took 1.5 years due to injury complications but they did the donkey work. For the moment start keeping a record of everything you spend, parking, tube fares etc etc. The more evidence you have of expenditure the better. Also things like cant cuddle the kids, play cricket on wednesday etc all add up in the compensation stakes.
If she is a member of British Cycling you may be covered for legal representaion already so ring thier helpline.

 

[vickster]

I hope she is ok, it's good to hear she is in good spirits despite what sounds like quite nasty injuries . Wishing her well

There's actually no rush to get solicitors involved, she has 3 years to make a claim. She should use a firm specialised in personal injury in RTCs involving cyclists

The first thing to do is to make a note of everything she can remember however irrelevant it seems as the memory will fade. When she's feeling up to it, she'll need to complete a police statement and fill in lots of paperwork for solicitors

It doesn't sound like the driver or their insurance will be able to deny liability if it's likely there will be a police prosecution. That's the first step in the personal injury claim, the other party admitting liability

This is a very clear and comprehensive guide from @classic33

https://www.cyclechat.net/threads/accident-advice.151618/ which covers in more detail what HarryTheDog has posted

Claims can take a very long time to settle especially where injuries are quite severe and may take many months or even longer to heal and rehabilitate. However, the solicitors should be able to arrange interim payments to cover loss of earnings, to get the bike fixed or a new one if damaged beyond repair if required

 

[classic33]

I hope she is ok, it's good to hear she is in good spirits despite what sounds like quite nasty injuries . Wishing her well

There's actually no rush to get solicitors involved, she has 3 years to make a claim. She should use a firm specialised in personal injury in RTCs involving cyclists

The first thing to do is to make a note of everything she can remember however irrelevant it seems as the memory will fade. When she's feeling up to it, she'll need to complete a police statement and fill in lots of paperwork for solicitors

It doesn't sound like the driver or their insurance will be able to deny liability if it's likely there will be a police prosecution. That's the first step in the personal injury claim, the other party admitting liability

This is a very clear and comprehensive guide from @classic33

https://www.cyclechat.net/threads/accident-advice.151618/ which covers in more detail what HarryTheDog has posted

Thanks for saying its my work, but in truth its what has come from many on here & elsewhere.

 

[vickster]

Thanks for saying its my work, but in truth its what has come from many on here & elsewhere.

Did you not put it together though?

 

[Milkfloat]

I would also add - don't assume that just because witnesses and the police on the scene saying that the driver is at fault that they will actually be found at fault. Get as much evidence as you can to help your case - good luck to Mrs mythste

 

[ufkacbln]

The London Cycle Campaign website has checklists of what to do and how to follow up

You will need a lawyer

... And although it sounds mercenary do start rotting up your expenses

There will be additional costs, and things like visiting, transport if she cannot drive. Etc

It soon mounts up and needs to be refunded

 

[mjr]

Get well soon. I've no useful advice but I'd just like to rage that the penalty for breaking someone's bones is only:

be made to pay £130 for a driving awareness course

 

[buggi]

Get well soon. I've no useful advice but I'd just like to rage that the penalty for breaking someone's bones is only:

What he said.

 

[classic33]

Did you not put it together though?

Suppose so.

 

[vickster]

You can use Slater and Gordon, CTCs lawyers without being a member I think. They certainly advertise their ambulance chasing on the TV (as do Irwin Mitchell who are a reputable large firm). Don't think that is the case with Leigh Day used by British Cycling, think you need to have been a member

I don't see how a policeman at the scene has been able to decide what will happen, isn't prosecution down to the CPS. The injured party will also need to make a statement and under the victims charter I think it's called, you can say what action you'd like taken, I was last year as part of the paperwork I received from the police

 

[mjr]

There's also http://legal.wiggle.co.uk/ which "is a trading style of Michael Baker Solicitors LTD ... in England and Wales and is a trading style of Digby Brown LLP ... in Scotland". Wiggle say they'll donate their cut of the profits to Sustrans.

 

[Tynan]

I'm just starting a claim, my last one ten odd years ago was handled well b Russell something Johnson who were very good

They seem to have been swallowed by Fentons now, along with a lot of other firms, they're fine so far although all I've done is returned paper work, waiting for the other side to respond and admit liability, or not, the law has changed apparently thanks to all those people claiming for petty or non existent injuries and whiplash - your legal mob's fees are capped and if they exceed the cap then they can keep 25% of your final compensation

marvellous

 

[mythste]

Thanks from both of us for all your help guys and gals.

im a little bit concerned now that I think about it as when she was on the paramedic board with blocks either side of her head she was asked something about if she was happy that the driver would be sent on a drivers awareness course or something (as you can imagine, our heads were very much elsewhere at that point) I'm wondering if it's worth persuing some form of prosecution? But then what's to gain, I'm sure that drivers probably worse off mentally than we are right now.

As far as proving it was the drivers fault, I fear that may be a little more difficult. Sarah's a good cyclist and been commuting for years, from what I can gather she was in a strong secondary going straight on at a 2 lane junction when she was over taken by a car turning left that I assume had thought had cleared her before turning into her. CCTV in the area missed it but witnesses have confirmed the above.

She's not a member of BC or CTC so we'll be looking at alternatives.

Currently sat next to her bed in hospital and just so glad it wasn't worse.

 

[vickster]

That's up to you to decide whether you'd like to request a prosecution - although ultimately the CPS (edited, the police) decide based on the case put forward by the police.

How did the driver behave at the scene? Apologetic, concerned, or belligerent?

If I were you guys, I'd not even think about this for a few weeks, there's really no rush. Is your wife having to have surgery to fix the broken bones?

Note everything down, you don't need to bother about the medical stuff beyond the costs associated with travel to the hospital, appointments and so on as others have said. Your wife will need to see a medical expert as part of the Injury claim which you will presumably proceed with when you feel ready, that expert will request the medical records from all practitioners seen and will insert the pertinent parts of the notes into his or her report.

The solicitor will organise and fund private physiotherapy for your wife when she gets to that stage, presumably in a month or two at least. I personally didn't need to take up the offer as I was already seeing a physio on my private insurance which wasn't part of the network used by the solicitor's medical agency.