Knocked off bicycle by car - injuries

s1983shaun

Hi, i was knocked off my mountain bike a few weeks ago. The driver admitted fault and all documents have gone to their insurer (hire car). 
The insurer have agreed to pay an amount to repair my bike and have requested a letter from the doctors to confirm my injuries.  

I have a partial tear in my supraspinatus tendon and tendinitis in my Bicep confirmed by ultra sound. I have also just had an MRI to check for further damage but awaiting results. 

Since then i cannot fully move my shoulder and have been in pain since, i have been prescribed medication to help reduce the pain but still hurts when moving.  

Been referred to physio which should hopefully only be for a few months with no longer lasting issues... will standby.

The insurer said they'll tell me a final proposal when they have the letter from the doctor - what can i expect though and what should i be claiming for?

I was unable to drive to 2 weeks and am on light duties for the next 28 days (then more during physio training). 

Just dont want to be taken a mug of by the company and whilst not wanting to seem like a money chaser i would like to ensure a fair settlement amount. 

thanks for you time

user1977

You'd be best to seek professional advice about what you can claim for - obviously, it's likely to be more than whatever their first offer is!

Norman_Castle

Not sure about the amount but don't rush to accept or decline their offer. Cycling forums may be able to advise based on similar accidents.

s1983shaun

Thanks - i'll jump across to a cycling forum also. 

lisyloo

It is really hard for a lay person to know how much your injury is "worth".

You have a few choices for professional advice.
If you have legal cover on your home insurance (or indeed a cycling policy you've forgotten about) then this will cover you.
The cons of using an insurance is that they "pipeline" their work and are slow (possibly very).
The pro is that it wouldn't cost you anything.
Do bear in mind that it might take some time for the extent and affect of your injuries to show. I did know someone who couldn't take a promotion (as she couldn't manage the car driving). So it's not necessarily in your interests to rush and may be in the interests of the other insurer to get a quick and final settlement. 

You could use a "no win no fee" type company.
The pro(?) is that they tend to be voracious/aggressive on timescales because they don't get paid until completion.
They may well take a fee though so be aware who is paying this and how much.
Again whilst you'd like closure, doing this as quickly as possible is not necessarily the best as your injuries might drag on or might affect you in ways you didn't expect - such as not being able to play sports or travel for long periods or even anything where you err.....might take your weight on your shoulders IYKWIM

An alternative (and probably not attractive) option is to pay for your own advice. Only mentioned for completeness.

If it was me I'd check my home insurance and set my expectations that it wasn't going to be quick and then leave it in their hands. If you don't have any cover then of course you'd probably be looking at no-win no-free but do check their terms carefully especially their cut.

Sandtree

The insurer will be keen to deal with you directly as whilst the solicitors fees charged to the third party are fixed in the Fast Track (plus disbursements) they can still make up a material proportion of the total cost for modest injuries.  They make this more tempting by working a lot quicker than what the timescales would be going via lawyers - they'll want an independent medical assessment that normally takes a few months to arrange who may well want to see you again depending on the prognosis etc.

Some will say that insurers will lowball direct claimants because they don't know any better, that certainly wasnt my experience as a claims handler and can think of very few cases where a later added solicitor added more than their fees to the claim. 

As to what you are claiming for... this will divide into two blocks, special damages which are things like repairing your bike, replacing the helmet, prescription charges, ie anything with a fixed financial loss. You then have general damages which is more nebulous things that dont have a direct value of which the main thing is pain suffering and loss of amenities which is the money for the injury itself.

PSLA is generally a combination of severity, duration of acute phase and long term prognosis. There are guidebooks, of which one is the official court book, to injury valuations but they are not that easy to use.  Ultimately it comes down to a negotiation and a test of nerve about going to court if you cannot agree. 

olgadapolga

I used a specialist solicitor but that was because I had insurance with British Cycling. The solicitor arranged everything, I just had to turn up at the consultant appointments. Started with a GP and then went to specialists. Took almost two years (but I had problems getting information from the police about the car and driver) but we've reached a settlement that my solicitor was happy with.

Not only can you claim for your injuries but also for things like prescription costs, your bike and other equipment, travel to appointments, assistance if you require it, rehabilitation costs if needed, etc., as another poster alluded to.

I wouldn't rush into it as you don't know the long term prognosis yet. I would seek advice if I were you, if that's an option.

s1983shaun

Thanks for the advice everyone. I'll wait and see what they offer - luckily my work will take care of me medically so not too worried about further down the road issues. Just heard of some stories of people being offered silly little amounts... it was a decent hit on me from the rear side with a nice impact to the ground.

8871Jlw

Whilst it’s difficult to really value fully without a GP’s prognosis, I’ve worked in injury claims for a large insurer for years until January this year and whilst it’s not a definite science, the current judicial college guidelines we use to value injury claims will state that injuries to shoulder that recover from 3 months to 12 months should be valued from £2300 to a high of £4080.

That is for a single site injury, sounds like you have a few, but maybe use the above for your own guidance when negotiating settlement with the insurer! 

s1983shaun

8871Jlw said:

Whilst it’s difficult to really value fully without a GP’s prognosis, I’ve worked in injury claims for a large insurer for years until January this year and whilst it’s not a definite science, the current judicial college guidelines we use to value injury claims will state that injuries to shoulder that recover from 3 months to 12 months should be valued from £2300 to a high of £4080.

That is for a single site injury, sounds like you have a few, but maybe use the above for your own guidance when negotiating settlement with the insurer! 

Thanks for this, nice to see a figure which is roughly what I had in mind. I’ll wait for the results and see where I should go.

is there an issue if I allow the company to provide an offer then if I don’t like it I can reject and go via my insurance solicitors? 

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