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Cycling accident
Dominic9
Posts: 35 Forumite
I was involved in a cycling accident a couple of weeks ago, and would welcome thoughts about whether legal representation is necessary or whether I should deal directly with insurer.
Straightforward accident, the car didn't see me and turned into the road I was cycling along (car was turning from minor into major road) and hit the side of my bike causing me to fall off. Although liability hasn't been accepted, there were two witnesses and it should be clear-cut to establish liability in due course.
The damage to the bike was minimal (expect it to be tens of pounds rather than hundreds), but I broke my arm in the accident. Besides the broken arm, I didn't have any other injuries of note (few scratches here and there, but nothing significant). There was no damage to either the car or any of my possessions or clothing.
Loss of earnings isn't relevant to me personally, as I only took one day off work, and although there will be a little bit more with subsequent hospital visits, I get full salary from my employer for such short periods of sick leave. Consequential expenses from the accident are also small.
Given that liability and injury should be straightforward to establish, I am considering dealing with the other party's insurers directly (I don't have any free legal cover on house or car insurance.) The alternative would be to use a legal firm specialising in cycling injuries.
Would it be foolish not have a legal representative, despite the case being straightforward(in my opinion)? I may well be mistaken here, but it would seem to me that involving legal representation would significantly escalate costs and there doesn't seem any need for the extra cost here unless complications arise between myself and the insurer? Although having said that, I have no legal training and would have little idea about settlement figures aside from internet research.
Grateful for any thoughts. Thank you in advance.
Straightforward accident, the car didn't see me and turned into the road I was cycling along (car was turning from minor into major road) and hit the side of my bike causing me to fall off. Although liability hasn't been accepted, there were two witnesses and it should be clear-cut to establish liability in due course.
The damage to the bike was minimal (expect it to be tens of pounds rather than hundreds), but I broke my arm in the accident. Besides the broken arm, I didn't have any other injuries of note (few scratches here and there, but nothing significant). There was no damage to either the car or any of my possessions or clothing.
Loss of earnings isn't relevant to me personally, as I only took one day off work, and although there will be a little bit more with subsequent hospital visits, I get full salary from my employer for such short periods of sick leave. Consequential expenses from the accident are also small.
Given that liability and injury should be straightforward to establish, I am considering dealing with the other party's insurers directly (I don't have any free legal cover on house or car insurance.) The alternative would be to use a legal firm specialising in cycling injuries.
Would it be foolish not have a legal representative, despite the case being straightforward(in my opinion)? I may well be mistaken here, but it would seem to me that involving legal representation would significantly escalate costs and there doesn't seem any need for the extra cost here unless complications arise between myself and the insurer? Although having said that, I have no legal training and would have little idea about settlement figures aside from internet research.
Grateful for any thoughts. Thank you in advance.
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Comments
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wesleys.mum wrote: »This is why cyclists should be forced to get insurance and made to pay road tax.
The car driver doesn't stand a chance the way some cyclists ride.
I am not accusing you of being to blame or not, just pointing out that as a road user you should be forced to pay your share.
A cyclist forced his way down the inside between my car and the pavement to jump the red lights, he gouged a huge lump of paint from my passenger door then rode off.
Nothing I could do, Cyclists are in the bad books of most motorists.
TBO, if there was no damage and you are not losing any money, why do you want to screw the driver and make his insurance rocket. Be thankful you didn't die as many cyclists do these days.
How do you justify to yourself, having a go at a cyclist who was the innocent party. The poor guy was riding along a road where he had right of way and someone has pulled out and broken his arm.1 -
wesleys.mum wrote: »This is why cyclists should be forced to get insurance and made to pay road tax.
The car driver doesn't stand a chance the way some cyclists ride.
I am not accusing you of being to blame or not, just pointing out that as a road user you should be forced to pay your share.
A cyclist forced his way down the inside between my car and the pavement to jump the red lights, he gouged a huge lump of paint from my passenger door then rode off.
Nothing I could do, Cyclists are in the bad books of most motorists.
TBO, if there was no damage and you are not losing any money, why do you want to screw the driver and make his insurance rocket. Be thankful you didn't die as many cyclists do these days.
showing you haven't got a clue.
well done. usually takes a couple of posts.0 -
showing you haven't got a clue.
well done. usually takes a couple of posts.
Have a read of her previous posts to see how much of a clue she has
https://forums.moneysavingexpert.com/discussion/3909381
http://forums.moneysavingexpert.com/search.php?searchid=1275871310 -
Loss of earnings isn't relevant to me personally, as I only took one day off work, and although there will be a little bit more with subsequent hospital visits, I get full salary from my employer for such short periods of sick leave. Consequential expenses from the accident are also small.
.
If the accident is found to be the driver's fault rather than yours, your employer can actually claim back the costs of your sick leave from them too. Wasn't sure if you were aware of that.Science adjusts its views based on what's observed.
Faith is the denial of observation, so that belief can be preserved.
:A Tim Minchin :A
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wesleys.mum wrote: »This is why cyclists should be forced to get insurance and made to pay road tax.
I am typing this slowly as you are obviously very very stupid. Cyclists pay exactly the same road tax as other vehicles with the same emission level. In fact it is so bloody obvious the government doesn't even waste money with a tac disc for them as it would just be a loss.
NONE
http://www.nextgreencar.com/roadtax.phpThe truth may be out there, but the lies are inside your head. Terry Pratchett
http.thisisnotalink.cöm0 -
I personally would go for one of the free half hour consultations you can get with a lawyer.
With me it is a case of there but for the grace of God go I. I have had so many people pull straight out on myself (as a cyclist), and I wear a high-vis jacket or vest at all times. If I was in your shoes I would want compensation for the broken arm and the pain involved, and I would also go on the assumption that you cannot cycle while your arm is in plaster (I am pretty sure I would struggle) and you have extra travel costs too because of this.
It is frightening how common it is for drivers not to see cyclists, even with high-vis clothing. I even broke a brake cable once when someone pulled out of a side road onto a main road , she had stopped at the line and had a good look while I was cycling along, I was starting across the side road (on the main road) and she pulled out, I stopped about 2 inches from her car and she saw me at the same time and stopped and went white. She then carried on.What is this life if, full of care, we have no time to stand and stare0 -
Enterprise_1701C wrote: »I personally would go for one of the free half hour consultations you can get with a lawyer.
With me it is a case of there but for the grace of God go I. I have had so many people pull straight out on myself (as a cyclist), and I wear a high-vis jacket or vest at all times. If I was in your shoes I would want compensation for the broken arm and the pain involved, and I would also go on the assumption that you cannot cycle while your arm is in plaster (I am pretty sure I would struggle) and you have extra travel costs too because of this.
It is frightening how common it is for drivers not to see cyclists, even with high-vis clothing. I even broke a brake cable once when someone pulled out of a side road onto a main road , she had stopped at the line and had a good look while I was cycling along, I was starting across the side road (on the main road) and she pulled out, I stopped about 2 inches from her car and she saw me at the same time and stopped and went white. She then carried on.
Ah but in Wes's mums eyes you must be at fault!
Back to the op's question. The suggestion made above, of the free consultation with Solicitor, is worth following imo.0 -
Enterprise_1701C wrote: »I personally would go for one of the free half hour consultations you can get with a lawyer.
With me it is a case of there but for the grace of God go I. I have had so many people pull straight out on myself (as a cyclist), and I wear a high-vis jacket or vest at all times. If I was in your shoes I would want compensation for the broken arm and the pain involved, and I would also go on the assumption that you cannot cycle while your arm is in plaster (I am pretty sure I would struggle) and you have extra travel costs too because of this.
It is frightening how common it is for drivers not to see cyclists, even with high-vis clothing. I even broke a brake cable once when someone pulled out of a side road onto a main road , she had stopped at the line and had a good look while I was cycling along, I was starting across the side road (on the main road) and she pulled out, I stopped about 2 inches from her car and she saw me at the same time and stopped and went white. She then carried on.
I'm now 6 months since being forced off the road by a taxi
driver left me for dead on the road
its cost me £1k+ so far in damage and paying for medical treatment.
still on going.
OP,there are lawyers out there who focus/specilaise in bike claims
given your injuries, I would pursue it0 -
Whereas the invisible pillock riding with the traffic last night on a NSL single lane road with no lights or reflectors or hi-viz clothing (was wearing black) at almost midnight deserves whatever he gets. (Luckily I saw him just in time and got around him without incident).Science adjusts its views based on what's observed.
Faith is the denial of observation, so that belief can be preserved.
:A Tim Minchin :A
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http://www.rjw.co.uk/legal-services/personal-injury/cycling-accident-compensation-claims/#axzz1xNBvrBs0
Specialist firm for cycling accidents0
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