Cycling Accident - Get Solicitor or Go Direct to Insurance Company?

IGotRippedOff

So I was involved in a cycling accident a few days ago, driver admitted fault and I was injured slightly but not that badly (nothing broken, cuts/bruises).

I've just received a letter today from her insurance company saying that they know that it was not my fault and they want to sort it out promptly do medical emanation, pay damaged etc, but I think they probably going to rip me off and get rid of me ASAP.

My friend who use to be a solicitor (not injury, but family) recommended Irwin Mitchell I called them yesterday and they do seem ok.

However, they say they will take 25%, but this is not from my compensation they charge a fix recoverable cost which they will get from the insurance company can they do this? I thought they were supposed to get it from my compensation since laws changed.


Anyway what do people recommend go direct or solicitor?

AndyMc.....

IGotRippedOff wrote: »

So I was involved in a cycling accident a few days ago, driver admitted fault and I was injured slightly but not that badly (nothing broken, cuts/bruises).

I've just received a letter today from her insurance company saying that they know that it was not my fault and they want to sort it out promptly do medical emanation, pay damaged etc, but I think they probably going to rip me off and get rid of me ASAP.

My friend who use to be a solicitor (not injury, but family) recommended Irwin Mitchell I called them yesterday and they do seem ok.

However, they say they will take 25%, but this is not from my compensation they charge a fix recoverable cost which they will get from the insurance company can they do this? I thought they were supposed to get it from my compensation since laws changed.


Anyway what do people recommend go direct or solicitor?

So what do you actually intend to claim for?

There's no rush you've got three years for injury and six for damage.

McKneff

What makes you think they would rip you off.

They got in touch with you when they didnt have to.
They could dphave just waited and waited till you contacted them

Injured slightly, What are you actually expecting...
Is your bike damaged

IGotRippedOff

Well the bike will need a full inspection. The wheel came off and handle bars were bent.

Jersey has been ripped, shorts, paramedics cut my thermal base layer, pedals on bike damaged + light, and new helmet.

Suffered cuts and grazes plus a shoulder injury, I did plough into the car at 30MPH down hill! smashing the window, lucky I didn't break any bones.

Claiming for injuries and damages.

IGotRippedOff

McKneff wrote: »

What makes you think they would rip you off.

Insurance probably need to get rid of me quickly - pay me the lowest amount haggle on and on etc, before any more injuries creep up.

Mercdriver

IGotRippedOff wrote: »

Insurance probably need to get rid of me quickly - pay me the lowest amount haggle on and on etc, before any more injuries creep up.

They are trying to avoid the extra charge from accident lawyer handling companies. Just because they get a fee doesn't make the accident claims company better than negotiating with the insurance company.

You don't have to accept their first offer (and neither should you, generally) but with no broken bones, your damages might be limited. There's no pot at the end of this rainbow.

angrycrow

If you have legal expenses cover on your home insurance this will provide funding for a solicitor without the solicitor taking 25% of your injury pay out. You do not have to use the insurers appointed solicitor you can choose your own.

caprikid1

There's no rush.


work out the costs of damage etc
A figure for lost earnings , pain and suffering etc.
Make them an offer of what you are happy with.
Details this in a letter/email
Save us all the expense of ambulance chasing lawyers.

custardy

IGotRippedOff wrote: »

Insurance probably need to get rid of me quickly - pay me the lowest amount haggle on and on etc, before any more injuries creep up.

Get yourself properly checked and be confident you know whats hurt.
I suffered a nasty shoulder injury in similar circumstances.
failed surgeries and a injury for life.
Then later an undiagnosed knee issue flags up which is now permanent.
Difference being I was left in the road as the driver made off.

victoriaolivia

I would go to a solicitor, we have a claim going through for my husband, he was knocked off his push bike in january, the woman drove over his foot and shattered it, he still cannot put pressure on it to walk yet. Our solicitor takes 10% however we technically get 110% of our claim and then from that give 10% to the solicitor so it doesnt cost us anything. It will be for us a lengthy process but this is due to the injuries, we cannot see a future for my husband in his current job so all these things have to be taken into account, along with metal health aswell, hes not wanting to ever ride again but also getting depressed at how long he has been stuck at home, its not always just a case of visible injuries

Crazy_Jamie

McKneff wrote: »

What makes you think they would rip you off.

They got in touch with you when they didnt have to.
They could dphave just waited and waited till you contacted them

It is very common for insurance companies to proactively contact people who have been injured by their insured drivers in order to secure quick settlements. Those offers were traditionally made with no medical assessments and had little bearing on the actual injuries suffered. The aim was to limit the outlay in terms of costs (because there would be no solicitor involved) but also to under settle the injury claim.

Insurance companies shouldn't be making offers without a medical report anymore, and it is perhaps encouraging that the OP seems to have been told that a medical examination can be arranged. But in any event the OP should wait to be sure of what injuries they have sustained (and indeed, the cost of repairing or replacing the bike and other equipment) before attempting to settle their claim.

One the OP has done that, whilst it is perfectly possible to negotiate with an insurance company directly and secure a fair settlement, it should be remembered that the insurance company's priority is to save money, not to provide a fair settlement. That is why it is often advisable to seek legal advice, but that is a matter for the OP. Providing they ensure that they have an idea of the the value of their claim and approach the insurance company with a healthy degree of wariness, they certainly could secure a fair settlement without involving a solicitor.