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RTA claim advice/experience

55 posts & 25 voices | Started 1 year ago by Rob Hilton | Latest reply from Rob Hilton

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Rob Hilton - Member

Hi guys,

2 days ago I got knocked off my bike whilst on a roundabout by a guy who didn't see me, admitted liability and poss wasn't insured (?) - driving GF's car with expired MOT, the police were particularly intereted in that bit!

Bike may be ok, but need to check it out properly once I am a bit more mobile, I myself am living on the sofa for the forseeable with a broken collarbone and numerous grazings (any sympathy gladly accepted).

Not really being the litigious type I hadn't thought of screwing the driver for everything he's got and even felt a bit sorry for him as it must be an unnerving experience plowing into someone During a phone conversation with a friend who was insisting I get everything I can for it and me comparing the blame culture in our society to MPs expenses in a broken system my friend pointed out that if the guy had merely clipped me/come close to hitting me I'd have gone apeshit at him and my relaxed attitude was due to me being thankful I was alive/not crippled.

He was right!!

Have now started investigating how to go about claiming. And why the hell not? I'm in pain, am setting about cancelling/getting refunds for riding events - FoD Uplift on Sunday & Dyfi Enduro for starters - am confined to the sofa for a while and won't be attending job interviews I've got lined up.

If anyone's got any advice/experience with this sort of situation that they'd like to share I'd be most greatful. Am thinking of CAB as a jumping off point and previous threads have given me the names of a couple of decent sounding solicitors who might not just be ambulance chasing scumbuckets.

If anyone fancies making me a get well soon cake, apple or carrot would go down very well or I could even strech to banana bread

Posted 1 year ago #
uplink - Member

Given that he may not be insured & may not have any money I'd be going with one of the 'no win, no fee' types
It's all well and good getting someone more conventional, but who's going to pay him if the driver can't/won't?

oh .......... get well soon

Posted 1 year ago #
Drac - Moderator

In my experience a collar bone wouldn't confide you to the settee never mind stop me getting to an interview.

Sounds like your planning to milk this already.

Posted 1 year ago #
ScottChegg - Member

Get a specialist, not any old ambulance chaser. They will understand things better.

Do a search, there were a few threads recently.

Posted 1 year ago #
Junkyard - Member

have you seen the why are my insurance premiums so high ...this is why.
Sorry you are hurt etc but stuff happens get money for your losses such as bike, events etc you will heal be thankful for that. You are asking us all to have a whip round for your injuries via our premiums

Posted 1 year ago #
Rob Hilton - Member

Drac - Moderator
In my experience a collar bone wouldn't confide you to the settee never mind stop me getting to an interview.

Well that's your experience. My previous collar bone breaking experience was genuinely bad and I'm not moving for a while - mostly due to medical advice. Thanks for the constructive advice though.

Posted 1 year ago #
Drac - Moderator

Well that's your experience. My previous collar bone breaking experience was genuinely bad and I'm not moving for a while - mostly due to medical advice. Thanks for the constructive advice though.

Medical advice? What medical person told you stay on the sofa with broken collar bone, you seem to have misunderstood the term rest.

Recover loses for the bike ok maybe the collar bone too but any more than that to me is milking it.

Posted 1 year ago #
Rob Hilton - Member

I hear you guys - am genuinely genuine about my intentions and don't think I should get a ma$$ive payout, but certainly wouldn't mind something...

Have been wondering if there is any kinda of national compensation scheme instead of trying to ruin the driver's life with stress and potential payouts - but have had no joy looking online so far.

Posted 1 year ago #
project - Member

http://www.bikeline.co.uk

uninsured drivers bureua may pay out, he hit you he wasnt insured, did he have permission to drive her car,also the insurance may be void on the car for no mot.

a lot of uninsured drivers dont stop, and leave people dieing on the road.

Posted 1 year ago #
Rob Hilton - Member

Cheers Project.

Medical advice? What medical person told you stay on the sofa with broken collar bone, you seem to have misunderstood the term rest.

He was a bit of a shit doctor TBH, didn't notice op scars from last incident ( in exactly the same place) and forgot to offer pain medication to go home with and was generally scatty. Also didn't look much like the picture on his ID badge

Recover loses for the bike ok maybe the collar bone too but any more than that to me is milking it.

More than what?? How much is a bust clavicle worth? To me its a hell of a lot as I pretty much live to ride (evidenced by not spending much time here ) and was really excited about lighter evenings etc. after slogging through mud & cold in the winter.

have you seen the why are my insurance premiums so high ...this is why.

Pemiums are high because of accidents? You don't say. Or is it my fault because I got run over? Don't really understand your point. Or use of language.

Posted 1 year ago #
TandemJeremy - Member

rob - its the classic car drivers not facing up to their responsibilities.

Claim for the damage to your bike and a reasonable amount for the pain and damage to you - I would be wanting a few thousand for a broken bone.

Posted 1 year ago #
nickjb - Member

Some tips here:

http://www.lfgss.com/thread4213.html

Posted 1 year ago #
thomthumb - Member

start a diary now.

in 10 weeks time if you need to recount all this to some doctor you've never met it will make life simpler if you know what hurt when.

get the LBS to check the bike over - explain what happened and fix everything/ proper invoice or get a written quote. also hget any ripped gear broken helmet replaced there too.

speak to a cycling specialist laywer CTC use russel jones walker - i have found them to be really good to deal with. (hit in november)

it is not your fault that you got hit. it is not your fault that premiums are going up. It is the drivers fault.

if you would like to email me at all my email is in profile.

Posted 1 year ago #
carlosg - Member

I was involved in an RTA in '97 (ruptured patella tendon , broken finger , trashed bike) . Spent 2 months off sick but a further 3 months on crutches(if you're on benefits you might be able to get a bit more as genuinely unable to work).

It took nearly 3 years to get some compo (£9000 settlement).

Posted 1 year ago #
Junkyard - Member

Pemiums are high because of accidents? You don't say. Or is it my fault because I got run over? Don't really understand your point. Or use of language.

Of course it is not your fault you got hit you and i have not said it was have i? That said accident rates are actually down [since 70's] as is the injury rate BUT the size of each claim is up due to personal injury claims
Premiums are high because people get persuaded by their mates a day later to milk the situation for as much money as possible. We all pay for this in higher premiums. Given your confusion/inability to grasp my point perhaps you should add concusion to your list?

it is not your fault that you got hit. it is not your fault that premiums are going up. It is the drivers fault.

yes personal injury claims [often spurious or milked] perhaps/probably fuelled by those bastions of our rights RTA Lawyers [and personla greed of many folk] are in no way a factor in this just bad drivers - I am confised a sto why the injuries and number are reducing though if it is not a facet of claims made by claimants
On another thread some insurance guy said about two coppers claiming £5 k for whiplash when teh damage to the car was £48 - this does affect premiums

Posted 1 year ago #
project - Member

Premiums are high because people get persuaded by their mates a day later to milk the situation for as much money as possible. We all pay for this in higher premiums.

thats because the same law that makes insurance compulsory, gives us the right to claim off that insurance, its the fraudulent claims by cetain types of individual that boost up premiums, along with poor driving and even poorer ongoing training.

Posted 1 year ago #
project - Member

and perhaps why insurance companies make so much profit.

Posted 1 year ago #
Margin Walker - Member

Rob, sent you e mail - too much incorrect advice on this thread as per previous threads re RTA's.

Junkyard - fraudulent/spurious claims are not as widespread as you imagine and peoples perception of insurance payouts are usually wide of the mark. Unlikely also that you would suffer a £5k whiplash from a £50 accident as it would be classed as a low velocity impact and probably defended by the insurance company (unusual for £5k to be awarded for pure whiplash in any event)

Uninsured drivers (of which there are a staggering amount) do not help premiums as a % of what we pay goes directly to support MIB payouts.

Posted 1 year ago #
Rikoshea - Member

I too was 'taken out' out on 5th Jan, white van man didn't see me, stopped at jucntion then pulled out with just enough time for me to do a rolling stoppie into the drivers door, fortunately i joined Brtish Cycling purely so i was covered by their lawyers whilst commuting, I must say they have been spot on. Bike wasn't too bad as I overtook it so 300 quid damage to a £2500 bike and £300 quids worth of cloting trashed. What you can't put a price on in my mind is the fact I have missed out on playing with my kids and changing nappies/bathing them etc as well as 3 months of training and longer term problems which could mean this year is a write off as far as competing goes. Defo keep a diary, i did and when i went for the medical this monday i could clearly pass on my problems.
Although i suffered no broken bones both knees took a twatting along with head/neck aches, dead arms etc. I thought I was getting over it and getting back into training when my right knee flared up last Monday, another week off sick and a week of desk duties (I'm a chef)and loads of greif from work!! My knee is still like a tennis ball so with next week off the bike as well I'm gonna miss more North East and National events meaning I won't score at enough events to qualify for league points and any chance of getting the title i won in 2009 is well and truely gone.....What is a fair ammount of compo for that??

Rant over.

(I too was happy to not be badly injured at the time but as the injuries go on I want to hurt that man more!!!)

Keep a dairy
Get a good specialist solicitor
Join British Cycling ASAP
Good Luck

Posted 1 year ago #
Junkyard - Member

fraudulent/spurious claims are not as widespread as you imagine

really how much do i imagine them occuring then? that was my only comment on fraudulent stuff accident rates decrease, injuries decrease, claims increase. These are just the facts you can draw your own conclusion from this as what is to blame.

£5k whiplash from a £50 accident as it would be classed as a low velocity impact and probably defended by the insurance company (unusual for £5k to be awarded for pure whiplash in any event)

The posters said courts dont like to accuse coppers of lying as it is a sackable offence so they [insurance company] were unlikely to contest and would settle instead - take it up with the person who posted it is clearly heresay.

Uninsured drivers (of which there are a staggering amount) do not help premiums as a % of what we pay goes directly to support MIB payouts.

Obviously but niether does a person being persuaded a day later by a mate to "screw them" help reduce premiums.

I am not anti the OP getting settled or anti compensation for losses but where there is a blame there is a claim means premiums go up. Ultimately we all pay for this and some solicitors/lawyers get rich whatever happens.

Posted 1 year ago #
project - Member

Margin Walker - Member
Rob, sent you e mail - too much incorrect advice on this thread as per previous threads re RTA's.

So whats the incorrect advice then, so it may not be classed as incorrect again.

Posted 1 year ago #
Stoatsbrother - Member

Two experiences in cars. Last July on the way to airport for summer holiday an insured asleep driver crossed the road and wrote off our car and his with my entire family ending in hospital and air bags etc etc. Replacement car inside 2 weeks, conviction of other driver in 6 weeks, cheque for lost flights and excess and physio arrived yesterday after 8 months...

Four weeks ago hit by a post office van. All damage fixed inside 2 weeks.

My point is that when claims managers become involved and there are soft expenses everything drags and we all pay the claims management companies costs. Shame.

Posted 1 year ago #
Margin Walker - Member

You do realise that every claimant has to have a medical to pursue a claim. Are you suggesting these medical qualified practitioners are being hoodwinked by people 'screwing' the system because they have been persuaded. Highly unlikely unless the injuries are minor but then they are not worth much anyway.

Do your views differ if someone has a fractured skull , degloving injury or PTSD. 1 week off work , 6 months off. Where is your line for claims to be legitimate.

In addition solictors costs are fixed on all claims under £10k and this is spreading across the industry re slips ,aAW , employers liab etc. (see Kenneth Clarke this week).

As for the coppers tale , its pure BS. Also courts are not always that sympathetic towards coppers ,especially at court hearings as they are expected to perform well so lose any sympathy that may be afforded to a normal claimant.

I would be more concerned at paying for legal cover on an insurance policy only to find out that the insurer can sell the 'claim' for £500+ despite me feeling like I had paid for a service. Natuarrly i no longer purchase such cover as you can simply walk into any firm on the high street and they will do the same job.

Posted 1 year ago #
Margin Walker - Member

project - just general info for OP about MIB is not right. Whether MIB MAY pay out (why wouldnt they if it was an Uninsured driver, or Untraced driver ( and there is a difference)), whether someone has permission to drive (what relevance???) , whether someone has any MOT (if insurance is voidf they will still pay out) , whether you need to use a 'no win no fee' depending on defendants circumstances (no win no fee funding can only be used if no other viable means of funding a claim.)

It generally doesnt matter and a genuine claim will nearly always succeed(without getting into specifics).

Posted 1 year ago #
ScottChegg - Member

Rob, you have been clobbered, it doesn't sound like it's your fault.

Claim; get what you are entitled to. Don't listen to twits who are trying to make you feel guilty about it. You are not in the wrong.

Posted 1 year ago #
bigjim - Member

In my experience a collar bone wouldn't confide you to the settee never mind stop me getting to an interview.

Wow you are a hero, wish I was so tough.

Rob - Last year I was also in an accident with a car and ended up with broken collarbone and all kinds of other lumps and aches and immobile for weeks, but it was different from this situation in that I hit him as he had stopped suddenly in the middle of the road.

A couple of weeks later we apologised to each other on the phone, though his insurance company came after me for costs for repairing the damage to his car a few months later. Luckily my contents insurance covered that and they dropped it.

Personally if the guy has apologised and is getting charged by the cops anyway I'd leave it, sounds like he doesn't have much anyway. If it was an arrogant rich BMW driver who hit you whilst on the phone I'd feel differently though!

I used to work with a guy who went to one of those no win no fee people when someone reversed into him in a car park, he regretted it and said it was spiralling into a nightmare he wished he hadn't started, seemed to take up all his spare time dealing with it, so maybe thats just put me off.

Good luck with the collar bone - make sure you press for a physio referral asap to get it moving once you have union - I didn't and ended up with a frozen shoulder which kept me off the bike for months more.

Posted 1 year ago #
Drac - Moderator

Wow you are a hero, wish I was so tough.

Thanks but I wasn't just referring to when I broke mine.

Posted 1 year ago #
Junkyard - Member

all mods are my heroes except when they put me on the naughty step.
OP i think you are justified in caiming you are injured but trying to screw them is my only issue - I may have not articulated this very well so sorry if it appears as if I think you are scammming etc.

Posted 1 year ago #
ianv - Member

I wonder how many people to get upset about people claiming for their injuries would extend the same logic to someone only doing £500-1000 worth of cosmetic damage to their cars.

If someone has been hurt then they deserve to be compensated for the inconvenience and pain they have suffered. Its what insurance was invented for.

Posted 1 year ago #
toys19 - Member

ScottChegg - Member
Rob, you have been clobbered, it doesn't sound like it's your fault.

Claim; get what you are entitled to. Don't listen to twits who are trying to make you feel guilty about it. You are not in the wrong.

This^

Posted 1 year ago #
Drac - Moderator

Unless I've missed something no one has said don't claim.

Posted 1 year ago #
Trailseeker - Member

I've been knocked off my bike & motorcycle in the last year, both not my fault but both insured, minor injuries - damage paid for & offered £1200 & £1400 for personal injury.

Posted 1 year ago #
Junkyard - Member

I wonder how many people to get upset about people claiming for their injuries would extend the same logic to someone only doing £500-1000 worth of cosmetic damage to their cars.

Will the cosmetic damage to my car heal itself via a natural regenerative process called healing ?
I dont think the logic does extend to this and I assume no one does really.

Posted 1 year ago #
terrahawk - Member

Personally if the guy has apologised and is getting charged by the cops anyway I'd leave it, sounds like he doesn't have much anyway. If it was an arrogant rich BMW driver who hit you whilst on the phone I'd feel differently though

biggest load of shite so far. well done. rich or poor, the guy (allegedly) has no insurance or MOT, therefore he is a cock.

In contrast;

Claim; get what you are entitled to. Don't listen to twits who are trying to make you feel guilty about it. You are not in the wrong.

..hits the nail on the head IMO.

Posted 1 year ago #
JonBurns - Member

My wife is a PI solicitor (and also a cyclist) so if you want to have a sensible chat as to your options drop me an e-mail and I'll pass your details onto her. If not no worries hope you heal quickly and don't get put off riding your bike.

jon dot burns at mail dot com

Posted 1 year ago #