[Closed] RTA claim advice/experience

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

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.

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

Do a search, there were a few threads recently.

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

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.

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.

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.

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.

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.

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.

Some tips here:

[url= http://www.lfgss.com/thread4213.html ]http://www.lfgss.com/thread4213.html[/url]

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.

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).

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.

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

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.

and perhaps why insurance companies make so much profit.

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.

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 ****ting 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

fraudulent/spurious claims are not as widespread as you imagine

£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.

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.

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.

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.

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.

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).

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.

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.

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

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

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.

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.

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^

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

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.

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.

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.

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

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.

No your car won't heal itself, but it doesn't feel pain either. It's possible that his injuries could cause lasting problems. The logic extends as far as he's suffered some losses (time off work, trips to hospital, events missed etc.) and should be compensated for at least those losses.

I agree with one of your other posts: I think his mate is wrong in telling him to screw the driver for everything he's got. Personally I wouldn't claim for cuts and bruises but anything requiring hospital treatment I'd expect something for my problems. This is not an accident, a car driver has been negligent and as a result has hurt someone.

Hello JonBurns, I wondered how long it would take for an ambulance chaser to pop up :). Only joking. Say Hi to Mrs Burns for me. Are you riding Blue John tomorrow?

Junkyard and Drac, sorry but you are talking utter s**t. The law of this country says that people who cause injury/damage to others by their negligence must make good the damaage done. The law also requires drivers to have third party insurance to make sure they can afford to pay. That is what it is there for.

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.

I am an insurance solicitor so I defend personal injury claims on behalf of insurers. I have no time at all for true ambulance chasers - those I describe above - but there are many good claimant solicitors out there. If I was injured in the way the OP has been I would certainly claim. The means of the responsible driver are irrelevant. To suggest otherwise is just nonsence.

Junkyard and Drac, sorry but you are talking utter s**t. The law of this country says that people who cause injury/damage to others by their negligence must make good the damaage done.

Where abouts am I talking shit?

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

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

😆 well my reasoning is, if the guy has nothing and isn't insured, there isn't much to be gained by being a turd back to him and taking him to the cleaners, the example of the beemer driver on the phone being someone who as a cycle commuter I see as the biggest risk to my daily cycling, so I would be more inclined to take action against, they'll be insured and they might learn something from the experience.

Doesn't have to make sense to anyone else, but i wouldn't personally try and get money out of someone who had nothing, if they've been charged by the cops, they should have learnt some kind of lesson. this isn't america etc

"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.

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.