up and over the car - I need your help
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I didn't expect, when I set off for my regular 20 mile sunday jaunt to find myself sailing over the bonnet of a car (hit me from behind) and landing behind it flat on my back.
10 hours later I am finally leaving A&E minus the back and neck brace I have spent most of the day wearing.
My bike is totalled, my clothes are ruined and God knows where my glasses are!!but things could be worse at least I'm still alive.
I need advice:
Who do I claim from,
What can i claim for,
thanks in anticipation
Jacob
In message <bWAgc.36181$nk.3142@fe05.usenetserver.com>,
jay07 <usenet-forum@cyclingforums.com> writes
>I didn't expect, when I set off for my regular 20 mile
>sunday jaunt to find myself sailing over the bonnet of
>a car (hit me from behind) and landing behind it flat
>on my back.
>10 hours later I am finally leaving A&E minus the back and
>neck brace I have spent most of the day wearing.
>My bike is totalled, my clothes are ruined and God knows
>where my glasses are!!but things could be worse at least
>I'm still alive.
Major bummer, glad to here that you haven't suffered
worse injuries.
I presume that you know the identity of the driver (or at
least can find out), that the police were involved etc.?
>I need advice:
>Who do I claim from,
Technically your claim is against the driver, though as long
as they are insured, the claim will be dealt with by them.
>What can i claim for,
All the costs you suffer - loss of the bike, damaged
clothes, broken glasses, loss of earnings, travelling costs
for out patient appointments etc. plus compensation for
your injuries.
Really best to involve a suitable solicitor with
experience of this..
If you are a member of the CTC then they have a claims
service for members, though presumably the solicitors they
use would take on other business as well.
<http://www.rjw.co.uk/ctc/> (http://www.rjw.co.uk/ctc/)
Alternatively there is Cycle aid, who have been in the
business for some years, they have a 0800 number for
initial advice.
<http://www.cycleaid.co.uk/> (http://www.cycleaid.co.uk/)
Alternatively, if you have household insurance they often
includes legal advice and claims coverage that might be
useful here
--
Chris French, Leeds
On Sun, 18 Apr 2004 19:46:15 +0000, jay07 wrote:
> I didn't expect, when I set off for my regular 20 mile
> sunday jaunt to find myself sailing over the bonnet of a
> car (hit me from behind) and landing behind it flat on my
> back. Who do I claim from, What can i claim for,
The Police were informed? If not, inform them immediately.
You need to get hold of the drivers insurance details, and
inform them that you will be making a claim against
them.You wont know the full amount for a while yet, so just
get a letter to them to make them aware. If the Police were
involved, and they are taking action, then you can be
pretty sure that you will be receiving compensation for
your bike and injuries/other losses, though it may take a
long time. If the driver denies responsibility, and the
Police do not want to get involved, then it would be best
to get hold of a solictor.The driver has a legal duty to
give you his insurance details.There are a number of
solicitors who specialise in this sort of thing, but make
sure you get their terms and conditions first - you dont
want to be paying them 50% of your payout.If you have legal
expenses cover yourself, then get a solicitor involved via
that. Alan.
--
To reply by e-mail, change the ' + ' to 'plus'.
http://www.dvatc.co.uk (http://www.dvatc.co.uk/) - Off-road cycling in the North
Midlands.
A.Lee wrote:
> On Sun, 18 Apr 2004 19:46:15 +0000, jay07 wrote:
>
>
>>I didn't expect, when I set off for my regular 20 mile
>>sunday jaunt to find myself sailing over the bonnet of a
>>car (hit me from behind) and landing behind it flat on my
>>back. Who do I claim from, What can i claim for,
>
> If the driver denies responsibility, and the Police do not
> want to get involved, then it would be best to get hold of
> a solictor.The driver has
Hi,
I'm new here, but thought I'd add my two cents since I was
in this situation a year or so ago. *If* the prospect of
hiring a solicitor is not warranted due to fees etc, don't
be scared of making your own case.
I took some time getting a couple of witness details, police
report (they charge, but I wrote back and asked why they
weren't pursuing is as a criminal matter and got a very
detailed, helpful explanation from them), diagrams of my own
making, etc. and sent it all off to the driver's insurance
company. After a little prompting they agreed to pay all of
my costs :-)
(Hopefully the driver lost their no-claims too ;-) I've
never been so angry in my life as when I phoned them up
after the accident to try and sort it out amicably and then
they tried to blame /me/ for it!)
Hope that helps a little, Adam
P.S. Small plug: the police attending the accident gave me
their "post accident" pack (aimed at motorists
obviously) which included a freephone accident helpline
from the RAC. The RAC were fantastic and really helpful
:-) I've looked kindly on them ever since!
--
Adam Richardson Email me at: stonemonkey@ntlworld~nonono~dot
com Carpe Diem
In article <bWAgc.36181$nk.3142@fe05.usenetserver.com>, usenet-
forum@cyclingforums.com says...
> I didn't expect, when I set off for my regular 20 mile
> sunday jaunt to find myself sailing over the bonnet of a
> car (hit me from behind) and landing behind it flat on
> my back.
>
> 10 hours later I am finally leaving A&E minus the back and
> neck brace I have spent most of the day wearing.
>
> My bike is totalled, my clothes are ruined and God knows
> where my glasses are!!but things could be worse at least
> I'm still alive.
>
> I need advice:
>
> Who do I claim from, What can i claim for,
>
> thanks in anticipation
>
>
sue the bastard. Seriously, you should be claiming from the
driver for losses incured, that's why car drivers have
insurance, it's the law. Police will have been involved as
you were injured, so they will have the details of the
driver, and given that it *should* be at least a due care
and attention rap for him/her, you *should have no trouble
getting what is your due. B ut remember, don't accept the
insurance co's first offer, it will be derisarly low as they
will ALWAYS try it on to see if you are a soft touch.
Hope you get well soon.
--
.paul
If at first you don't succeed... Skydiving is probably not
the sport for you.
paul wrote:
> sue the bastard. Seriously, you should be claiming from
> the driver for losses incured,
You should sue them for a lot more than merely the direct
losses. How much is all that pain and suffering (and
inconvenience) worth? Is the back injured at all? I don't
see why cyclists should subsidise car drivers by under-
claiming for the harm their negligence causes.
James
--
If I have seen further than others, it is by treading on the
toes of giants. http://www.ne.jp/asahi/julesandjames/home/
in message <MPG.1aed127f92759f5a9896d6@news.btinternet.com>, paul
('paul.coombs@btinternetSPAMSOFF.com') wrote:
> In article <bWAgc.36181$nk.3142@fe05.usenetserver.com>,
> usenet- forum@cyclingforums.com says...
>> I didn't expect, when I set off for my regular 20 mile
>> sunday jaunt to find myself sailing over the bonnet of a
>> car (hit me from behind) and landing behind it flat on
>> my back.
>>
> sue the bastard. Seriously, you should be claiming from
> the driver for losses incured, that's why car drivers have
> insurance, it's the law. Police will have been involved as
> you were injured, so they will have the details of the
> driver, and given that it *should* be at least a due care
> and attention rap for him/her,
Given that the OP was hit from behind, the driver has no
excuse whatever. It's at least a 'without due care and
attention' job. I hope and trust he driver will be
prosecuted.
I'm very glad to hear the OP wasn't worse injured, but he
was undoubtedly lucky and could easily have been killed.
As everyone else has said the driver (or his/her insurance)
is responsible for *every* extra cost you incur as a result
of your accident.
--
simon@jasmine.org.uk (Simon Brooke)
http://www.jasmine.org.uk/~simon/
;; Want to know what SCO stands for? ;;
http://ars.userfriendly.org/cartoons/?id=20030605
Simon Brooke wrote:
> Given that the OP was hit from behind, the driver has no
> excuse whatever. It's at least a 'without due care and
> attention' job. I hope and trust he driver will be
> prosecuted.
Indeed. I would make a point of contacting thr Plod and
giving a statement "because they will surely be prosecuting
the driver". I would also ask whether the prosecution will
be for dangerous driving or due care. Let them know that you
are not going to let it be written off as "just an
accident".
As others have said, if the OP is not a CTC member, now is
the time to join.
--
Guy
===
May contain traces of irony. Contents liable to settle after
posting. http://www.chapmancentral.co.uk (http://www.chapmancentral.co.uk/)
88% of helmet statistics are made up, 65% of them at
Washington University
"Adam" <cooladamrichardson@yahoo.com> wrote in message
news:3jCgc.845$mE.80@newsfe1-win...
> I'm new here, but thought I'd add my two cents since I was
> in this situation a year or so ago. *If* the prospect of
> hiring a solicitor is not warranted due to fees etc, don't
> be scared of making your own case.
I would not advise this for a personal injury case! The sums
involved are potentially too great (multiple £k's) to gamble
with like this and anyway, you solicitors bill will be
recoverable from the other party.
"Simon Brooke" <simon@jasmine.org.uk> wrote in message
news:v9icl1-vkn.ln1@gododdin.internal.jasmine.org.uk...
> Given that the OP was hit from behind, the driver has no
> excuse whatever.....
Possible cases where a cyclist *could* be at fault involving
a rear end shunt could be turning out of a side road without
giving way (very common with some types of cyclist) or
changing lane without giving way to priority traffic. These
are the type of situations the other side may even try to
fabricate to attempt to avoid liability.
>> I'm new here, but thought I'd add my two cents since I
>> was in this situation a year or so ago. *If* the prospect
>> of hiring a solicitor is not warranted due to fees etc,
>> don't be scared of making your own case.
>
> I would not advise this for a personal injury case! The
> sums involved are potentially too great (multiple £k's) to
> gamble with like this and anyway, you solicitors bill will
> be recoverable from the other party.
I'd second this. Because the sums can be so big, and so
variable, personal injury claims seem to be contested much
more often, and much mor vigorously
(in, of course, my incrediably small amount of experience)
> I need advice:
1 Police Make sure you report the accident to the police
2 GP Go to your GP - I had a very similar incident in
November last year, and my GP referred me to a physio,
unfortunately the damage seems to be cartilage so although
helpful, the physio couldn't cure the problem, but again
through my GP I have been referred to a specialist.
3 Solicitor I contacted a local firm, who asked how I was to
fund the action; after determining that I had no suitable
insurance cover in force they agreed to take the case on a
conditional fee (no win no fee) arrangement.
My solicitor has given me advice on what I can claim for and
has handled contact with the Police and the Driver who hit
me. Generally you are able to claim for any material damage
as a result of the collision and any expense you incur as a
result of the accident e.g. painkillers, trips to
doctors/hospital, prescriptions etc. - make sure you keep
receipts for everything.
You MUST contact a solictitor, since my accident it has
become evident that the driver was uninsured, a fact that
the Police failed to realise as they didn't ask the driver
to produce any documentation after the accident. My
solicitor has been able to direct me to the Motorists
Insurance Bureau and supervise my claim against them.
Good luck & speedy recovery!
Al
"Mark Thompson" <pleasegivegenerously@warmmail.com> wrote in message
news:Xns94D0787FE348Epleasegivegenerously@195.92.193.157...
> >> I'm new here, but thought I'd add my two cents since I
> >> was in this situation a year or so ago. *If* the
> >> prospect of hiring a solicitor is not warranted due to
> >> fees etc, don't be scared of making your own case.
> >
> > I would not advise this for a personal injury case! The
> > sums involved are potentially too great (multiple £k's)
> > to gamble with like this and anyway, you solicitors bill
> > will be recoverable from the other party.
>
> I'd second this. Because the sums can be so big, and so
> variable,
personal
> injury claims seem to be contested much more often, and
> much mor
vigorously
>
The issue really is, how much are the injuries worth? If it
is more than £1,000, then it is not a 'small' claim and it
is worthwhile involving a solicitor, whose costs can be
recovered as part of the claim as others have said. If it is
less than £1,000, generally it is not so interesting to
involve a solicitor other than a 'free' one through legal
expenses insurance/CTC membership/an advice agency because
what you can recover as costs under the 'small claims' rules
will be quite limited. For this reason solicitors, other
than in the ways noted above, will probably not agree to
take the case on anyway in these circumstances.
Of course, a few bruises and scratches are unlikely to be
worth as much as £1,000. Broken bones are generally likely
to be worth more. In between, it can be difficult to say and
in most cases it is advisable to get some professional
advice as to quantum. Many firms specialising in personal
injury work will give some free initial advice about this,
or again you could try and get advice on this through one of
the means above.
Rich
Adrian Boliston wrote:
> "Adam" <cooladamrichardson@yahoo.com> wrote in message
> news:3jCgc.845$mE.80@newsfe1-win...
>
>
>>I'm new here, but thought I'd add my two cents since I was
>>in this situation a year or so ago. *If* the prospect of
>>hiring a solicitor is not warranted due to fees etc, don't
>>be scared of making your own case.
>
>
> I would not advise this for a personal injury case!
Yes, of course. I did put the "if" in there... I should also
have made clear that I was only claiming for
clothes/bike/transport etc.
Adam
--
Adam Richardson Email me at: stonemonkey@ntlworld~nonono~dot
com Carpe Diem
"Adam" <cooladamrichardson@yahoo.com> wrote in message
news:7DRgc.95$KR6.13@newsfe5-gui.server.ntli.net...
> Yes, of course. I did put the "if" in there... I should
> also have made clear that I was only claiming for
> clothes/bike/transport etc.
Even slight injuries can command surprising sums of cash
these days and I'd say claim them as you can bet your
bottom dollar that the other side would do so were the
tables reversed.
thanks for your help and advice. to fill you in further:
the police were the first on the scene and are going to prosecute. (driving without due care and attention)
I will be looking to sue for everything I can (understandably) and will be looking for professional advice.
My back is screwed up - I still cant sit up or walk unaided - this could potentially be a lifetime injury now - great!
I have his details and will be contacting him to get his insurance details.
In his statement to the police he said he didnt see me.
straight road - by the kerb - yellow jacket - lights on.
On his phone? changing a CD? blind?
anybody know a good solicitor in the leeds area?
thanks again.
Jacob
On Mon, 19 Apr 2004 18:47:42 GMT, jay07
<usenet-forum@cyclingforums.com> wrote:
>thanks for your help and advice. to fill you in further:
>
>the police were the first on the scene and are going to
>prosecute. (driving without due care and attention)
I wouldn't bank on it. In my case the police seemed very
keen to prosecute initially but the final decision will rest
with the CPA not the police.
From discussions I've had in the margins, it seems that the
CPA is really keen on there being 3rd Party witnesses before
they'll prosecute a motor crime. So, if you can get
witnesses do so.
>I will be looking to sue for everything I can
>(understandably) and will be looking for professional
>advice.
>
>My back is screwed up - I still cant sit up or walk unaided
>- this could potentially be a lifetime injury now - great!
It's nearly six months since my prang and I'm still not
able to use my arm much. And I still don't know how long
it'll be U/S.
That's the most depressing angle for me; initially thinking
I'd be off work and off the bike for couple of weeks. Next
it's 5 months (except I am back at work). Then it's "maybe
this time next year".
I don't *think* it'll be forever but even 18mths or 2 years
is a long time to be cursing the name of the dozy cow who
failed to notice 20 watts of Cateye with priority.
>I have his details and will be contacting him to get his
>insurance details.
>
>In his statement to the police he said he didnt see me.
That's what my one said to the police initially. Said she
pulled out without visibility of what was coming (ie me).
Didn't help me get a prosecution, though.
>straight road - by the kerb - yellow jacket - lights on.
>
>On his phone? changing a CD? blind?
>
>anybody know a good solicitor in the leeds area?
>
>thanks again.
>
>Jacob
Best of luck. I hope the CPS prosecute, you sue and that you
get well asap.
PS. If they offer you a 'nerve conductivity test', unless
you like the thought of needles combined with
electricity, run like hell. (experimental) Transport &
Urban Planning Blog
now at http://notonmywatch.blogs.com (http://notonmywatch.blogs.com/)
I had that done, IT'S HORRIBLE!!!!! The worst experience I
ever had in my life, and I told them they were not getting
anywhere near my neck!!
Vivian
-------
"We learned more from a three minute record than we ever
learned in school". No Surrender
"[Not Responding]" <not_responding@dev.null.invalid> wrote
in message
news:609880d7sarclkiriv0s2uup20n5i65jeg@4ax.com...
> On Mon, 19 Apr 2004 18:47:42 GMT, jay07 <usenet-
> forum@cyclingforums.com> wrote:
>
> PS. If they offer you a 'nerve conductivity test', unless
> you like the thought of needles combined with
> electricity, run like hell.
[Not Responding] wrote:
> From discussions I've had in the margins, it seems that
> the CPA is really keen on there being 3rd Party witnesses
> before they'll prosecute a motor crime. So, if you can get
> witnesses do so.
The lack of a direct witness was crucial when I had an
accident like this - there were a couple of people who saw
what happened but I was in no fit state to jump up and ask
them for their details! They'd disappeared by the time the
police/ambulance arrived.
Adam
--
Adam Richardson Email me at: stonemonkey@ntlworld~nonono~dot
com Carpe Diem
In article <c609ut$6irdf$1@id-111900.news.uni-berlin.de>,
"Adrian Boliston" <adrian@boliston.co.uk> writes:
> These are the type of situations the other side may
> even try to fabricate to attempt to avoid liability.
Insewerants companies basically take over. If we assume, for
the sake of the argument, a driver who is clearly at fault
and wants to own up,
(s)he might nevertheless be faced with a choice:
(1) Help the liars^H^H^Hlawyers construct such a scenario
that can't be disproved.
(2) Own up in the face of an insewerants policy that has
made it clear that any such admission is likely to
void his/her cover. That's tremendous pressure on a
person's integrity. Enough to make a liar of many an
otherwise-honest person. The exceptional person who
doesn't get corrupted will get labelled a simpleton.
--
Nick Kew
Nick's manifesto: http://www.htmlhelp.com/~nick/
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