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No win - no fee? no idea

steady__eddie
Posts: 1,455 Forumite


in Motoring
In August of last year, I was knocked off my bicycle by a white van man. The driver did stop and an ambulance was summoned. Friendly passers by restrained me on my back in the road in the event that I may have sustained spinal injuries and after an hour, I was whisked away to casualty. Due to my restrained horizontal position, I was unable to take details of the other party concerned in the incident but the attending police officer did.
Fortunately my injuries were not worth writing home about involving only minor cuts and grazes and subsequent bruises however my bicycle did not come off so lightly and the rear wheel and tyre is no longer a going concern. After several months of correspondence, a recorded complaint and an impending request under the Freedom of Information Act, I was today notified of the details of the other driver by the police.
Originally, it was my intention to make a claim for damages to my bike to the court when the driver was prosecuted but I have learnt that the driver was offered a driver awareness course which he accepted.
The details which I have been given are the drivers name, vehicle reg. and the name of the registered keeper which in this case is a leasing company. I am presuming that I need to contact the leasing company to find out who leased the vehicle in order that I can contact them to find out details of their insurance company ?
At this stage, after several months of communications with the police force concerned, I am rapidly losing the will to live but I am loathed to shell out the sixty or seventy quid concerned myself to get my bike repaired so I was thinking about going down the no win - no fee route to avoid any further hassle. Does anyone think that they may be interested for such a paltry sum ? I was on holiday at the time of the accident so no loss of earnings are involved.
If this is a goer, can anyone recommend a firm ? I have heard lots of ads for them on the TV and radio but I understand that some of them stipulate that some form of insurance policy needs to be purchased ?
Fortunately my injuries were not worth writing home about involving only minor cuts and grazes and subsequent bruises however my bicycle did not come off so lightly and the rear wheel and tyre is no longer a going concern. After several months of correspondence, a recorded complaint and an impending request under the Freedom of Information Act, I was today notified of the details of the other driver by the police.
Originally, it was my intention to make a claim for damages to my bike to the court when the driver was prosecuted but I have learnt that the driver was offered a driver awareness course which he accepted.
The details which I have been given are the drivers name, vehicle reg. and the name of the registered keeper which in this case is a leasing company. I am presuming that I need to contact the leasing company to find out who leased the vehicle in order that I can contact them to find out details of their insurance company ?
At this stage, after several months of communications with the police force concerned, I am rapidly losing the will to live but I am loathed to shell out the sixty or seventy quid concerned myself to get my bike repaired so I was thinking about going down the no win - no fee route to avoid any further hassle. Does anyone think that they may be interested for such a paltry sum ? I was on holiday at the time of the accident so no loss of earnings are involved.
If this is a goer, can anyone recommend a firm ? I have heard lots of ads for them on the TV and radio but I understand that some of them stipulate that some form of insurance policy needs to be purchased ?
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Comments
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Do you have witnesses or proof the van driver was at fault?0
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So what exactly do you intend to claim for?0
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MrRedundant wrote: »Do you have witnesses or proof the van driver was at fault?
Why would he have done the course if he wasn't a fault?0 -
Why would he have done the course if he wasn't a fault?
To save a day in court? Because he was genuinely wanting to be a better driver/
I dont take the awareness course as automatically being guilty. He maybe just didnt fancy multilple months of hassle and court appearences when he had a way out that cost next to nothing and had the same outcome.0 -
"Do you have witnesses or proof the van driver was at fault?"
I do not have the names of the witnesses who gave statements to the police officer, I seem to remember that there were 3 of them who the p.c. spoke to. I was lying on my back at the time with 2 people holding me down.
I am presuming that the driver was at fault because the p.c. spoke to me when I was discharged from hospital later in the day and he asked me if I wanted to assist in the prosecution of the driver. In addition, the driver accepted a Driver Awareness Course so does this not indicate a guilty plea ?
"So what exactly do you intend to claim for? "
A new back wheel and tyre.0 -
MrRedundant wrote: »To save a day in court? Because he was genuinely wanting to be a better driver/
I dont take the awareness course as automatically being guilty. He maybe just didnt fancy multilple months of hassle and court appearences when he had a way out that cost next to nothing and had the same outcome.
And the evidence to support a day in court would be what?0 -
And the evidence to support a day in court would be what?
Don't get your point. Just because the police and CPS choose to prosecute doesnt make someone guilty.
The driver could have been facing multiple months of uncertainty along with days in court resulting in lost earnings thus they may have decided to take the course and move on as it was quicker and cheaper.
OP - Yes but do you know what the witnesses said? If you intend to pursue this you will need to know. No no win no fee company will get involved unless evidence exists therefore they will want to see witness statements first.
The fact he wasn't prosecuted suggests to me you won't get anywhere
Make a claim through MCOL against the driver and see what happens. Far easier. The sort of claim you suggest is too low rent for a no win no fee firm.0 -
It’s worth a call, you have a right to be reimbursed for any losses you sustained.
A no win no fee company would be interested, but you would probably be coerced into a claim for PI. Your choice, as you were hospitalised.0 -
Get hold of the guy and tell him either pay up your £70 (+ £30) or you will pursue a claim via his insurer. If he has any sense he will pay up fast.0
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MrRedundant wrote: »Don't get your point. Just because the police and CPS choose to prosecute doesnt make someone guilty.
The driver could have been facing multiple months of uncertainty along with days in court resulting in lost earnings thus they may have decided to take the course and move on as it was quicker and cheaper.
OP - Yes but do you know what the witnesses said? If you intend to pursue this you will need to know. No no win no fee company will get involved unless evidence exists therefore they will want to see witness statements first.
The fact he wasn't prosecuted suggests to me you won't get anywhere
Make a claim through MCOL against the driver and see what happens. Far easier. The sort of claim you suggest is too low rent for a no win no fee firm.
That's cause your dense.
If there was no evidence of the van driver being at fault the police would have NFA'd him.
OP MrRedundant hasn't got a clue.0
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