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  • Compensation following an RTC as a cyclist
  • breninbeener
    Full Member

    My best friend was knocked off his bike by a fail to stop driver in the summer. He broke his left femur, which got pushed out of the outside of his left thigh.

    There were witnesses and lots of people helped him, including the air ambulance. He has a pin in his left femur, a huge jagged scar and a limp.

    He is a tough man and there is no one i would rather be in a scrape with. He has a great positive mental attitude. He is dead set on making a full recovery.

    The drivers court case was yesterday. He pleaded guilty to careless driving and fail to stop/report an RTC. He got 5 points and £200 fine. A poor result but we sentence on actions not outcome.

    How does my friend now proceed for compensation for his personal injury and loss of earnings etc? Anyone got any recommendations or advice?

    Thanks

    mattsccm
    Free Member

    By now your mate should have been chasing the drivers insurance. In fact within days if not hours. Yes it does sound as if he was rather too laid up but someone should have. I think you need legal advice here. Is he a CUK/BC member. I would guess not. Look in the mags for law firms and maybe talk to both Citizens advice and even the Police with the crime ref number or what ever you have.

    aracer
    Free Member

    Talk to a cycling friendly solicitor – they’ll love this case as with a conviction it will be an easy win for them. As usual I’ll recommend http://www.bikeline.co.uk who I’ve used for a couple of injury cases but there are other similar options. The delay won’t make any difference to the outcome.

    Superficial
    Free Member

    Wait, so the driver crashed into him, causing his femur to poke out through his skin, then left him for dead? They’ve found him guilty of the serious offence of careless driving, and not reporting an accident (also, of failing to show any human decency).

    And that gets him 5 points and a fine?

    You’d get more for doing 35 in a 30 (twice).

    That’s outrageous.

    breninbeener
    Full Member

    I couldnt agree more. However we sentence on actions, so it would be the same if he hadnt been injured so badly. There is no account for severity of injury. Huge shame.

    Greybeard
    Free Member

    Since the driver has been convicted, with the burden of proof being “beyond reasonable doubt” he will struggle to deny liability in a civil court “on the balance of probability”. A sensible insurance company should settle out of court but it worth getting proper advice on what the compensation should be.

    rumbledethumps
    Free Member

    I was involved in a Road Traffic Collison a few years ago and British Cycling were outstanding. It was the drivers fault and not being a claimant type I was deliberating initially but phoned them later on in the day of the accident for advice. I was off work for around a week from the injuries. From start to finish they handled it very well until its conclusion. I cannot praise them enough.

    If you are riding a bike on the roads today please consider your wellbeing and get yourself covered. For the amount BC charge its well worth it. Also consider this covers you in an event of potential liability if the boot is on the other foot.

    Sadly its the world we live in.

    OP I hope your friend makes a full recovery. He needs to pursue this.

    kerley
    Free Member

    Talk to a cycling friendly solicitor – they’ll love this case as with a conviction it will be an easy win for them. As usual I’ll recommend http://www.bikeline.co.uk who I’ve used for a couple of injury cases but there are other similar options. The delay won’t make any difference to the outcome.

    Agree. And as for timing I think you have many years (3?)

    I just used one of the no win no fee claims places and was happy with the outcome as compensation is also for the after effects as well as loss of earnings (which I didn’t have)

    aracer
    Free Member

    I thought it was 7 years, but not sure – a few months certainly doesn’t matter – with a claim for injury you tend to have to wait a bit anyway to see what the longer term situation is.

    fingerbang
    Free Member

    Hi I’m a personal injury solicitor and I’m happy to advise you/your mate. I’m on my phone at the minute so can’t write much but can do on Monday if you want. I work up in blackburn

    Yes, 3 years is limiatTion date so plenty of time. His claim can only really settle when his symptoms settle so he needs an idea of his long term recovery before settling a claim. So no big rush to be fair.

    Anyway, I’m happy to get involved but will hVe to wait til I’m bCk at my PC!

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