Accident claim

Dannyb83

Hi all,

I am hoping someone could point me in the right direction, I’m sorry if this post is in the wrong area.

I was involved in an accident with a car while I was cycling in October. I broke a couple of ribs and thought nothing more of it. But I have recently been feeling more pain and am thinking about making a claim.

So my question is, does anyone have any advice on the best no win no fee solicitors to use? I have been looking at some but the information available is bewildering. 

Any help is greatly appreciated.

Sandtree

First of all... check that you dont have legal expenses insurance anywhere that will avoid you sacrificing your winnings... Home Insurance is a common one, some unions and associations also include it.

Outside of that its really down to personal preferences, some would rather pay a higher fee and be with a small local solicitor firm where you can go see the fee earner in person if you want, others would rather be with a large industrialised firm which take a lower cut but the fee earner could change over time because they have more volatility in staff

fimacdoodle

You will need proof, med reports, and any cam footage/driver details you got at the time. Was there any  liability admission?
Delayed claims are frowned upon and sometimes disbelieved by insurers. (rightly or wrongly)

[Deleted User]

If you're a member of British Cycling or similar (and if not, why not, it's about £35 a year and gives you third party liability insurance plus legal cover) then talk to them. Why you waited this long I don't know - being hit by a car at the very least you'd need to put in an insurance claim to check the bike over as it might not be safe, for damaged clothing, loss of income etc let alone the injuries damage. I had a trip to A&E after a car went through a give way and hit me, total claim was about £2500 and that was for repairs and soft tissue damage, nothing broken!

Sandtree

fimacdoodle said:

You will need proof, med reports, and any cam footage/driver details you got at the time. Was there any  liability admission?
Delayed claims are frowned upon and sometimes disbelieved by insurers. (rightly or wrongly)

Medical reports will be commissioned by your solicitor

Admission of liability at the scene is irrelevant even if evidenced... your average person hasnt studied the case law on motor accidents over the last 100 years or kept up to date with all developments to really know who is liable in the eyes of the law and in most cases both parties will be in shock and wont be giving considered answers etc. You are instructed by your insurers not to admit liability at the scene but thats just to sidestep silly arguments rather than meaning it has any weight.

Delays yes if you are talking about 2 years or so. Fractured ribs, assuming x-rayed, are fairly believable after 1 week, 1 quarter or 2 years.

Dannyb83

Hi,

thank you to everyone who responded, and sorry for the delay in getting back.

for the suggestion of home insurance covering legal expenses i great and I will check that before I proceed.

Straight after the accident happened I was in shock and didn’t take any details down I just wanted to get home. Fortunately it was in a railway car park and the transport police took these details, it is my hope that I will be able to go through them for this. As I said I didn’t go to the hospital that night and managed to make it home through getting a lift. However if become clear to me over night that I needed to go to the hospital as I was in agony.. this is what I done the next morning. However, they said I had broken my ribs and I had all the signs of this, but it was policy not to scan for this as there is nothing they could do for that. Would this affect the claim?

I have been told by a few people now about British cycling after the accident and this was the first I had heard of it. I will be getting this in the future.

Also just to clear up why I waited for so long. This is because at first I thought I would only be off work for a few weeks while the ribs healed, however, this has happened I am still having pain (doc thinks trapped nerve or something along those lines) which is causing me to miss work for long periods. This in turn is causing me to loose money which I cannot afford. 

thanks for the help it is appreciated.

TELLIT01

It seems incredible that a hospital would have a policy of not x-raying if they believed the problem was broken ribs.  There is no way they could be certain that was the only damage without x-ray.

Dannyb83

. TELLIT01 said:

It seems incredible that a hospital would have a policy of not x-raying if they believed the problem was broken ribs.  There is no way they could be certain that was the only damage without x-ray.

I agree, and I asked them to several times but they kept saying it was policy, they diagnosed it through cracking in the area, when breathing as well as shortness of breath and pain when trying to turn my torso.

elsien

Nope, NHS page says there’s often no need for an X-ray for bruised/broken ribs. 

If you’d punctured a lung there’d be other signs, and there’s little point in X-raying otherwise given that the standard treatment is just painkillers. 

8871Jlw

If you have the insurance details of the vehicle that hit you, I would advise speaking with them and ask them if they will deal with you as a direct claimant.  As long as liability has been accepted by them, they should be happy to do this.  

You will avoid any deduction of your damages payment by the solicitor you use (typically 25%).  They will commission and arrange any rehab you need, along with the relevant medical reports.  

We would much rather you come directly to us and I make my offers of settlement higher just for that reason! 

Sandtree

TELLIT01 said:

It seems incredible that a hospital would have a policy of not x-raying if they believed the problem was broken ribs.  There is no way they could be certain that was the only damage without x-ray.

Its the same with a broken nose... if everything looks in place and no reason to suspect complications they wont x-ray.  X-ray of the head and chest requires you to be exposed to a high dose of radiation pointed at vital organs, just isnt worth the risk to confirm a diagnosis that can be fairly safe without one.

Dannyb83 said:

they said I had broken my ribs and I had all the signs of this, but it was policy not to scan for this as there is nothing they could do for that. Would this affect the claim?

Not materially, the important thing is to have a medical diagnosis around the time, doesnt matter too much how that diagnosis was made. "Cracked ribs" is something that some people will self diagnose simply because there is little diagnosis done and little treatment beyond pain relief but self diagnosis even if subsequently supported by a medical report isnt as strong as medical diagnosis at the time.