Knocked off bicycle by car - injuries

olgadapolga

s1983shaun said:

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.

You could always try putting your injuries into an online compensation calculator; fairly inaccurate I'm sure as it relies on the information you put in plus it'll give minimum to maximum figures but might be worth having a play with, if only for interest. Lots online, usually hooked up to a "no win no fee" company.

s1983shaun said:

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? 

I'm sure that the ins.co. would be happy for you to take some time to research/take advice on their offer.

Sandtree

olgadapolga said:

s1983shaun said:

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.

You could always try putting your injuries into an online compensation calculator; fairly inaccurate I'm sure as it relies on the information you put in plus it'll give minimum to maximum figures but might be worth having a play with, if only for interest. Lots online, usually hooked up to a "no win no fee" company.

Given the company only gets paid if they can get you to sign up you could be cynical and think the values they present are "optimistic" to encourage people to handover their details... I am sure you get more people by saying they'll get £5k than £1.5k

s1983shaun

Sandtree said:

olgadapolga said:

s1983shaun said:

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.

You could always try putting your injuries into an online compensation calculator; fairly inaccurate I'm sure as it relies on the information you put in plus it'll give minimum to maximum figures but might be worth having a play with, if only for interest. Lots online, usually hooked up to a "no win no fee" company.

Given the company only gets paid if they can get you to sign up you could be cynical and think the values they present are "optimistic" to encourage people to handover their details... I am sure you get more people by saying they'll get £5k than £1.5k

I understand that. With no other issues and a full recovery it’ll be nice to get something back.

I’m 4 weeks in now and still have pain which is even more so in the mornings and cannot lift any weight on it.

I have also heard that from 1st June 21 any injury, small claim which is a soft tissue injury has to go direct through the insurer and I cannot appoint a solicitor unless there’s a break or over £5000.

Sandtree

s1983shaun said:
I have also heard that from 1st June 21 any injury, small claim which is a soft tissue injury has to go direct through the insurer and I cannot appoint a solicitor unless there’s a break or over £5000.

You are referring to the whiplash reform, it has introduced a fixed schedule of damages and stated no legal costs are recoverable for awards under £5k.

The law will never say you cannot use a solicitor, it just says the other side doesn't have to pay for them if you win, its basically made these claims "small claims court" claims. 

The law applies to any incident that happened on 1st june or after.. you can read more on https://www.dacbeachcroft.com/en/gb/articles/2021/february/whiplash-reforms-to-be-implemented-with-effect-from-31-may-2021-part-1/ including the schedule of awards

s1983shaun

Sandtree said:

s1983shaun said:
I have also heard that from 1st June 21 any injury, small claim which is a soft tissue injury has to go direct through the insurer and I cannot appoint a solicitor unless there’s a break or over £5000.

You are referring to the whiplash reform, it has introduced a fixed schedule of damages and stated no legal costs are recoverable for awards under £5k.

The law will never say you cannot use a solicitor, it just says the other side doesn't have to pay for them if you win, its basically made these claims "small claims court" claims. 

The law applies to any incident that happened on 1st june or after.. you can read more on https://www.dacbeachcroft.com/en/gb/articles/2021/february/whiplash-reforms-to-be-implemented-with-effect-from-31-may-2021-part-1/ including the schedule of awards

Thanks for that and understood. I see where the higher limits or £1500-5000 are gone then. As I have a tear within my rotator cuff this would be classed as whiplash the ? 

Sandtree

s1983shaun said:
Thanks for that and understood. I see where the higher limits or £1500-5000 are gone then. As I have a tear within my rotator cuff this would be classed as whiplash the ? 

an injury of soft tissue in the neck, back or shoulder that is a sprain, strain, tear, rupture or lesser damage of a muscle, tendon or ligament in the neck, back or shoulder, or an injury of soft tissue associated with a muscle, tendon or ligament in the neck, back or shoulder.

Is what the law says... obviously new law so how the courts interpret it yet to be clear.

s1983shaun

Sandtree said:

s1983shaun said:
Thanks for that and understood. I see where the higher limits or £1500-5000 are gone then. As I have a tear within my rotator cuff this would be classed as whiplash the ? 

an injury of soft tissue in the neck, back or shoulder that is a sprain, strain, tear, rupture or lesser damage of a muscle, tendon or ligament in the neck, back or shoulder, or an injury of soft tissue associated with a muscle, tendon or ligament in the neck, back or shoulder.

Is what the law says... obviously new law so how the courts interpret it yet to be clear.

Thanks for the detail. I have had a look.

• The tariff will not apply to claims by motorcyclists or their passengers, cyclists, pedestrians or other road users who are not using a motor vehicle

This says to me i do not fall into the tarried as I was a cyclist, a vulnerable road user. 

s1983shaun

*Update*

MRI shows the soft tissue is all ok. 

What it does show is a small ‘evolse’ fragment on my Humerus Head, I.e. a chip to my shoulder which must be causing the pain I still have. It’s not a fracture though and possibly something they may just leave but waiting on the so sultanas advice. 

Also, mild hypo thickening of my suprascapular tendon which seems
to have been brought on by the accident. 

Hopefully the insurers will take this inboard when they issue a proposal .

Sandtree

s1983shaun said:

they may just leave but waiting on the so sultanas advice. 

Hopefully they dont have a raisin to operate! 

s1983shaun

Sandtree said:

s1983shaun said:

they may just leave but waiting on the so sultanas advice. 

Hopefully they dont have a raisin to operate! 

🤦‍♂️I need to sort my England out....