broken elbow injury claim - valuation - is it fair?

CC19181 · 19 January 2020 at 5:26PM

Hi All, any help greatly appreciated.

I was cycling to work and a car driver that was parked, didn't look and opened his door directly onto me and sent me flying. Luckily im still here to tell the tale, but i did incur a severely broken elbow when i hit the middle of the road.

Police and Ambulance on the scene and driver admitted fault.
I required 2 surgeries for pins to be placed in my elbow and have a substantial 5 inch scar on my right arm.

After several months of having to constantly chase the solicitor appointed by national accident helpline (your law) they have suggested i apply for compensation of £3300 + expenses £500 (taxis, travel etc) and 1k replacement bike - so around £4800 total. The medical report clearly outlined all injuries.

This compensation amount seems low considering the driver admitted fault and the severity of my injuries, scars for life and the fact that i am now no longer psychological in fit a state to ever cycle to work again into London. The future costs i will now have to incur to go to work have not been considered.

Any advice would be gratefully accepted. I did phone another solicitor to see if they would take on the case but they suggested that i was too far along with Your Law now they are so close to submitting the first compensation offer to the 3rd party.

thanks again !

Browntoa · 19 January 2020 at 5:31PM

From an ambulance chasers website

https://www.hayward-baker.co.uk/personal-injury-services/compensation-calculator/elbow-injury-compensation.html

annabanana82 · 19 January 2020 at 5:38PM

I've been going through a claim from an accident 2 years ago. At my last medical the Dr told me the insurance companies have a list of what they can pay out for injuries so this is where your figure would have come from.

Did you mention to a Dr involved in your case that you were having psychologic issues? I know others that have been referred for treatment to help with this.

CC19181 · 19 January 2020 at 5:49PM

Thanks, these are similar on all of the no win no fee websites, even national accident helpline whom i originally spoke to.

I just checked on national accident helplines own website they estimate my injuries and scar without any other expenses included to be around £22k!?

This is why im confused, surely there must be some relatively to these values they publish.

I would guess metal pins and 2 operations would count as severe?

CC19181 · 19 January 2020 at 5:54PM

yes the medical report states that i was unable to continue my normal active lifestyle - gym, football and cycling whilst also currently i am not mentally ready to cycle in London again.

I have lost a lot of confidence with the agent managing my claim but i fear i have no choice but to follow their suggestion. They say it is based upon a list of similar injuries and also that since 2015 claim payouts have reduced dramatically due to so many new claims being made. (My wife was in a car accident 5 or 6 years ago and received £3k for a severly sprained wrist and whiplash - no surgery or long lasting damage).

It just seems such a low amount for the scar for like i now have which will always be visible when wearing a t shirt and the metal i have in my elbow!

any further help or advice greatly received.

annabanana82 · 19 January 2020 at 6:19PM

There does seem to be much disparity in the sums advertised, I have been offered £4.5k from the third party (this is based on 6 months of injury). This is for damage to my leg, neck and back, I have been told this is permanent damage and I am awaiting an MRI scan to check my back. My solicitors have advised this is too low for my injuries.
I really couldn't put a price on what I think I should get, but i really just want it to be over so i can move on, but any payout isn't going to right my injuries.

Yet my nephew in law so to speak got £3k for whiplash, during his time off the following week, he was able to do fencing!! This happened prior to my accided

I suspect that the figures published on such websites are to entice people in and claim

CC19181 · 19 January 2020 at 6:43PM

yeah i think if you are in a car, the injuries you sustain, the costs and consequences, are all managed far quicker and payouts higher. Maybe insurance company vs insurance company is better than individual using no win no fee vs insurance company.

like you say 3k and fencing the next week but was injured in a car.
agree, these high figures online are just to get you to use their site to make it seem worthwhile claiming....

im right handed and couldn't write, type, pick up the kids for over 1 month. All just seems somewhat unfair. Same as you the injuries i have could have impacts later in life with arthritis too!

POPPYOSCAR · 19 January 2020 at 6:52PM

CC19181 wrote: »

yes the medical report states that i was unable to continue my normal active lifestyle - gym, football and cycling whilst also currently i am not mentally ready to cycle in London again.

I have lost a lot of confidence with the agent managing my claim but i fear have no choice but to follow their suggestioni . They say it is based upon a list of similar injuries and also that since 2015 claim payouts have reduced dramatically due to so many new claims being made. (My wife was in a car accident 5 or 6 years ago and received £3k for a severly sprained wrist and whiplash - no surgery or long lasting damage).

It just seems such a low amount for the scar for like i now have which will always be visible when wearing a t shirt and the metal i have in my elbow!

any further help or advice greatly received.

Why do you have no choice?

My husband was advised to settle by his solicitor at the figure offered.

He refused and let it go to court.

It was eventually settled at 4 times the original amount.

What have you got to lose by pushing them for more?

FutureGirl · 19 January 2020 at 7:19PM

If your solicitor thinks its reasonable then it is.

Offers for compensation will be based on judicial guidelines used in Court, as well as what previous similar cases have been awarded in Court.

Injuries fully resolving after about one year will usually attract an award in the region of £3,310 - this is from the JC Guidelines for a simple elbow fracture where no surgery is required.

I guarantee the £22K 'quote' you got from Accident Helpline is probably for a fractured elbow requiring some form of surgery as well as some form of permanent mild disability in the elbow.

swingaloo · 19 January 2020 at 8:10PM

You need to consider that if you do decide not to accept the offer and go to court you may end up with less. You may also find that if your solicitor thinks you should settle and you insist on going to court you may end up having to pay the costs if you lose.

I was knocked of my bike by a driver who pulled out of a side street and didnt see me.

I broke both bones in my lower leg, I spent Xmas in hospital as they tried to set my leg but couldn't and so I had to have it pinned. I have a 10 inch scar down he front of my leg and have not worn a skirt since so always wear trousers or jeans. I was in plaster from December till May, the first 3 months it was plaster from hip to toe. Then I had physio for 8 weeks to build up the strength in my leg. I never rode a bike on that road again.

I had a 2 year old at the time and it was a logistical nightmare.

I had another operation 11 years later to remove the pins.

How much did I get- Nothing, but it was 1983 and compensation wasn't even an option then. I can understand wanting compensation for your losses as you shouldn't be out of pocket because of someone else's actions but why for future travel costs? How you feel now about cycling doesn't mean you will never get on your bike again.

foxtrotoscar_2 · 19 January 2020 at 8:52PM

Why didn't you overtake and leave enough room as car drivers should?

broken elbow injury claim - valuation - is it fair?

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