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How much compensation should I expect?

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  • rtipple
    rtipple Posts: 33 Forumite
    Hi rick27,
    Well I tried to spare everyone the details of the actual incident as I didn’t think it was relevant to the post. There is a key sentence in my original post stating that the third party has admitted liability. But to hopefully clarify the situation I shall give you more details.
    Basically I was cycling home in November, about 4:30 pm. It was dark, but I was lit up like a Christmas tree with lights and reflective jacket. No excuse not to see me. I approached the roundabout. I saw the third party come to the roundabout on my left. I slowed as it looked like she wasn’t going to stop. Then she did, which made me think she’d seen me at the last minute, so I began to enter the roundabout. As she had braked late the front of her car was already into the roundabout a little. So I had to purposely cycle around her car to avoid it. Then when I was in the middle of the roundabout she accelerated turning right and straight into me. I only had a split second to think so I turned away from her car so that I would roll on it on my side, rather than fly straight over the front head first.
    There was an independent witness who has passed statements to the police confirming that it was entirely her fault. The third party made statements at the time like “I knew I should have demisted my windows properly” And “ I didn’t see you. I saw a car and thought I’d be able to get around the roundabout before it could”. Anyway, as a result the police told me that there was more than enough evidence to prosecute if I wanted, but I chose not to. The police then required the third party to attend a drivers improvers course.

    So with regard to who’s fault it was, it’s been clearly established that it was the third party. So hopefully that has cleared that point up for you.

    “What is the bodily harm you have mentioned ,there is the injury to your skin, some cuts/scratches and agreed bruising to leg/thigh.
    And there is the whiplash of course!”

    Well the leg injuries are pretty evident so won’t go into those. As for my back though, I’ve had to undergo 6 intense physio sessions where the consultant confirmed in a report that I had 4 vertebrae that had been moved out of place and were trapping several nerves in my back causing sever muscle spasms in my neck, shoulder and lower back. I kept having vertebrae move out of place for the first 2 months as the muscles in my back were damaged and weak from the accident and couldn’t hold them in place. When the muscles had improved enough to keep the vertebrae in place I still had / have issues with various muscles in my back, specifically my lower back where the muscles were torn and damaged.
    Now this is not my opinion, diagnosis … it is that of a trained physiotherapist. Not just the original physio who treated me, but also that of the consultant asked to carry out an assessment.

    “wage a legal war against the motorist.”
    It’s not a legal war against the motorist. The facts were clear and her insurance company claimed responsibility very quickly, especially after the police report. It’s now in the hands of the insurance company and she’s probably forgotten all about it and enjoying her life again. Not so for me!

    “walk away on good terms”, “leaving feelings of animosity”
    What do I care about good terms with this person? I don’t know her. She came crashing into my life and ruined 7 months of it.

    I can appreciate that there are real money grabbing people out there, which I think is the point you’re trying to get across. People who fall off a ladder and make a claim, well, that was their own stupid fault and certainly would get my back up if they claimed.
    But in my case, I think some form of compensation is deserved and my post was asking for advice and how much all the pain, discomfort and trouble is worth.
    Life's too short to grow up ... :j
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