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

So that would be injury and damage then.

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.

or

OP i think you are justified in caiming you are injured but trying to screw them is my only issue

you

The means of the responsible driver are irrelevant. To suggest otherwise is just nonsence.

never said anything about the driver deserving a break or that the OP should not claim though someone did. i object to the “screwing” the system aspect of this. I suspect a lot of folk in an accident exageratte/lie/mislead. A work colleague had a crash and could not afford to replace the car [write off]. On her claim she said she was too traumatised to drive again which was suggested to her by her legal bod. she is expecting about 5 k from an accident that left her uninjured due to non existent psychologucal issues. She plans to buy a new car with the money. I was the only one in the office who thought this was out of order and i goit as much grief as i did for suggesting the sam eon here. I conclude most folk think it is ok to do this though my resaerch is less than scientific

Great mis-interpretation of my stance on this by some, and also some really good support and handy advice given – cheers guys.

Didn’t wake up til 3:30 today (!!) so will be following this up next week.

Can’t believe no one is baking me a cake! Not even a cheese scone offered 🙁

Great mis-interpretation of my stance on this by some

I know the feeling. 😆

PaulMc – Member

Insurance premiums are rising for various reasons. Firstly, the amount of insurance fraud. I disagree with Margin Walker, there is masses of it about – criminal gangs, staged accidents, ghost passengers and, to a lesser extent, people exaggerating their losses. Secondly, true ambulance chasing solicitors and their associates who exploit all the commercial opportunities the system allows – inflated credit car hire, inflated medical and other expert fees etc. Thirdly the system itself, introduced by the government to save it money on Legal Aid, which allows lawyers to claim excessive success fees and insurance premiums that often vastly exceed the value of the claims tehmselves, which the current government is about to abolish as they are bankrupting the NHS and local authorities. Also the fact that as roads get busier and speeds higher there are more serious injuries which are more costly, and the fact that in recessionary times those costs increase ever faster adn insurers returns on investments fall.

Paul, agree with much of what you say. I’ve been doing Claimant work since just before Woolfe, and seen pred costs, MOJ and now fixed fee. Success fee’s are 12.5% fixed on RTA’s and are only 100% should you walk through the door of the court(which is not as often as people think). From experience have only come across a handful of fraudulent claims in all my years(and i work in North West). Not saying it doesnt go on, just that I would have expected to have seen more of it given that I am at the coal face.

Defendant insurers seem to be busting a gut to weed these out but appreciate that it cant be cheap to sort as an industry.

ATE premiums are an issue but government regulation could sort this in a flash. Agree that government has created a monster with cfa’s but saved themselves millions on no longer paying legal aid.

Nearly forgot about credit hire an agree that this is an absolute racket and should have disappeared with Dimond/Lovell. Government regulation of credit hire, claims management companies(in particular referral fees) and fixed disbursements would solve a lot of problems.

“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.”

I think it does, people are sometimes very hypocritical on the subject of insurance claims. They will have no hesitation to claim if they are affected but suggest to others that they should not.

Someone has been put out of action for a period, will be very sore for a few weeks and will have some of his summer riding trashed. In addition there is the hassle and expense involved in hospital visits and damaged gear. Compensation should be paid for that.

Personally I would prefer someone to scratch my car than break my collar bone.

Well that’s probably had everyone pushing the ‘off’ button 😀 No offence intended Margin, but two lawyers talking shop!

Junkyard – you did say the OP should not claim. Here:

“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”

As for your colleague, what you describe is, if true, both insurance fraud and a crime. If you feel agrieved by it do something. Contact the insurer if you know who it is.

Drac – if I misunderstood you I apologise, but the tone of your comments about milking it seemed pretty clear. Why only ‘maybe’ the collar bone? Why no more? What if the OP is signed off work and loses pay? What if he has to take taxis because he doesn’t/cannot drive and can’t cycle? Those are all things he is entitled to claim by law.

Anyway, I have said enough. I want to ride this weekend and I have shed loads to do.

None taken – wanna swap for 6 months LOL

i object to the “screwing” the system aspect of this

Which “screwing” the system aspect of it? ISTM you introduced the idea to the thread, when everybody before had just been advising the OP about the best way to claim legitimate damages. You seem to be suggesting he shouldn’t claim for his injuries at all as if they are somehow unimportant. Though you seem to have forgotten your own opening gambit – here’s a reminder:

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

The OP isn’t planning on claiming for imagined psychological damages, so what exactly is your relating of your colleague doing so adding to this thread? In fact what have any of your posts added to this thread?

Thanks but no thanks Margin. I gave up claimant work many years ago.

Jeez,the squablin seagulls of the forum are enough to make you want to break the other collarbone.Steering clear of stw when you are in this physical and mental state could be the best thing you could be doing.Hope it works out well.

In fact what have any of your posts added to this thread?

distortion and confusion mainly it appears [partly my fault]

I stated once I did not express my views well[ the one you have rehashed and it does appear that I am saying his injured collarbone should not be claimed for ]. Should i do it again or would you like to ignore all the subsequent posts and focus on the first one?

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.

Which “screwing” the system aspect of it? ISTM you introduced the idea to the thread,

Yes well spotted Here is the the OP’s first post

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!!

yes it was me I apologise again 🙄
I may not have been alone in articulating my point poorly.

*bakes Rob a cake*

Junkyard, wanna borrow a bigger spade? 😛

Aaahh! Cheers LGB.

Never had an eggless cake before – is nice – yom-yom!