Cycling accident

oscarward

adouglasmhor wrote: »

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.php

Not entirely true. to get the RFL disc the vehicle owner has to purchase insurance and possibly a MOT test and must display the disc before being allowed to keep/use the vehicle on the road with penalties for enforcement.

All this is the law, unlike cyclists. To be fair it would be a nightmare to set up and enforce now which is why it isn't done.

Whether cyclists should carry third party insurance is another argument.

Typed very slowly 'cos i've got my dog sitting on my lap :rotfl:

geri1965_2

OP, with an injury like that I would definitely get some legal representation. Some insurers like to try and get one over on unrepresented claimants - not naming any names, but I was once instructed by an insurer to offer £500 to someone with a broken arm! Needless to say, she didn't accept it and instructed a solicitor.

Dominic9

Many thanks to all that responded.

To address a few of wesleys.mum's points:

This is why cyclists should be forced to get insurance and made to pay road tax.

I already pay both on my car. As I understand it, if I was responsible for an accident/damage I could be pursued by the other party regardless of whether or not I had cycling insurance.

The car driver doesn't stand a chance the way some cyclists ride.

There are idiots in cars, on bikes and amongst pedestrians. And poor road design and pot holes are also a serious menace.

Personally, I have never caused an accident cycling (or driving), despite doing about 80 miles per week for a few years now.

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.

When the accident happened, we exchanged details and I said to forget about it unless I got in touch, which I would only do in the event there was something serious wrong.

I was hoping there was little or no damage to bike and that all I had was some grazes and maybe ligament damage which would clear up quick enough. In the event, the bike was damaged and I had a broken arm. Therefore there are costs of bike repair, public transport charges for not being able to cycle and so on.

Incidentally, the NHS will also reclaim their costs of treating me from the insurer - do you think the general tax-payer should subsidise drivers at fault by footing the bill for medical care?

lisyloo

To address a few of wesleys.mum's points:

Don't bother, it's really not necessary.

Yes, you should get legal representation IMO.
It sounds like the only thing you are claiming for is the pain & suffering for your injury is that right?
The reason that you should get legal representation is that you (I presume) like most of us have no knowledge of the value of what this award should be.
£10 worth of cycle damage is worth £10. £100 time off work is £100, but how do you value your pain and suffering?
How do you know how much that is "worth" in legal terms?
You need advice on the value and whether offers are reasonable.
Also any matters which you might not have considered for example - does it affect further travelling/driving and hence promotions? What about complications? Should you wait and see how the injury progresses? sometimes it's not straightforward.

So yes, get a "no win no fee" solicitor who will get costs paid for by the other side.

Chances are first offer will be too low and will be rejected by your solicitor (almost always).
Then there will be threats from your solicitor to go to court whilst the other side raise their offer.
What usually happens if that your side eventually agrees and doesn't go to court.
It's a bit of a "game" so don't get too stressed about going to court or the letters that are written. Let your solicitor advise you and let them deal with the negotiating.

Expect it to take some time.
The other side want to wear you down so you settle too low to get closure.
Try to be relaxed about it especially as there has been no direct financial loss.
It may be in your interests to wait a few months in case your recovery is not straightfoward. If you settle too soon and then find complication e.g. you can't drive, then you won't be able to go back for more.
So best advice I think it's try to relax. Talking time is potentially in your interests in the event your recovery is not straightforward.
Good luck and hope you have a quick recovery without complictaions.

sejdee

I am a keen cyclist, commute 24 miles a day, and go for longer rides with a club at weekends, as well as the odd event (sportive).

Had a few near misses too, none of which would have been my fault, as I ride sensibly at all times, because I'm aware of how very vulnerable I am.

Would recommend OP joins club (linked below) which offers free legal help should an accident occur. At £24 a year for RIDE membership, it's a no brainer for any cyclist.
http://www.britishcycling.org.uk/membership/article/compare-membership-packages

I would get legal advice for definate

Crazy_Jamie

Dominic9 wrote: »

The alternative would be to use a legal firm specialising in cycling injuries.

No need. A broken arm is a broken arm. It matters little how it was caused in the great scheme of things. The advice to seek out a free consultation and ultimately instruct a solicitor on a 'no win no fee' basis is sound. There is absolutely no need to specifically seek out a firm that specialises in cycling cases. Truth be told it is a very sketchy 'specialism' in any event. I appreciate that cyclists often feel like part of an oppressed group, but from a legal standpoint there is no extra specialist training or knowledge that would be required to effectively represent a cyclist compared to other types of road traffic accidents. That holds especially true in a case such as this where liability seems clean cut and the main issue will be quantum. You certainly wouldn't gain an extra benefit from a firm claiming to specialise in cycling cases in this case, so I would feel free to cast your net a little wider.

Dominic9 wrote:

Although having said that, I have no legal training and would have little idea about settlement figures aside from internet research.

This is the crux of the matter, really. Valuing injuries is a specialist skill. No amount of internet searching is going to help you with this; you need legal representation.