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UK legal info wanted re getting zapped by car
"John Latter" wrote in message
... Hi, I live in the UK & yesterday, while going around a roundabout beneath a dual carraigeway), a car came hutling down the slip road & smashed into the back of me. Fortunately I only sustained minor injuries I've filed an accident report with the police and had a quick checkup at the hospital. What I would like to know if is anyone has experience of these matters? The guy who hit me claims poverty & only wants to replace the back wheel of my bike but 'bits' flew off in all directions, my cycle cape disappeared, etc - plus I'm not sure if there's anything wrong with the frame. The car driver has fully comp insurance and I dunno if I should apply to them or what. Just thought I would ask until tomorrow (Monday) when maybe I can find out more for myself! X-posted to uk.rec.cycling for more uk-specific advice. If you are a member of a cycling organisation (eg LCC or CTC) or have legal expenses insurance eg with your home contents or motoring policy you might get qualified legal help through the organisation/policy. Sounds like there's no p.i. involved, but make sure you're all clear medically before accepting any settlement. If there's no p.i. involved your claim is only for damage to the bike. Take the bike to your LBS and get a quote for proper repair. Work how much any bits/clothing that are lost were worth. If you are acting for yourself and there's no p.i. send it to the driver and tell him you hold him liable. It's up to him to decide whether to pass it to his insurers to deal with the claim or whether he wants to pay it himself, although it will no doubt be a condition of his insurance that he reports any accident even if he doesn't want to deal with it under his policy - but that's his problem. If he coughs up, well and good. Poverty is no excuse, if he can't afford to pay your claim he'll have to pass it to his insurers. If he or his insurers give you grief, don't give up and seek further legal advice. If any injury symptoms manifest then certainly do seek further legal advice to pursue a claim. HTH Rich |
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UK legal info wanted re getting zapped by car
Richard Goodman wrote:
X-posted to uk.rec.cycling for more uk-specific advice. If you are a member of a cycling organisation (eg LCC or CTC) or have legal expenses insurance eg with your home contents or motoring policy you might get qualified legal help through the organisation/policy. Sounds like there's no p.i. involved, but make sure you're all clear medically before accepting any settlement. If there's no p.i. involved your claim is only for damage to the bike. Take the bike to your LBS and get a quote for proper repair. Work how much any bits/clothing that are lost were worth. If you are acting for yourself and there's no p.i. send it to the driver and tell him you hold him liable. It's up to him to decide whether to pass it to his insurers to deal with the claim or whether he wants to pay it himself, although it will no doubt be a condition of his insurance that he reports any accident even if he doesn't want to deal with it under his policy - but that's his problem. If he coughs up, well and good. Poverty is no excuse, if he can't afford to pay your claim he'll have to pass it to his insurers. If he or his insurers give you grief, don't give up and seek further legal advice. If any injury symptoms manifest then certainly do seek further legal advice to pursue a claim. As he says. Its the driver's responsibility to pay and your case is with him not his insurance. Get quotes as suggested and send them to him asking for payment. He will probably balk but if necessary you can take out an on-line small claims action against him. If his insurance company get involved they will probably try to frighten you off and use any tactics they can to put you off but persevere. It took me over 6 months and the insurance company put a firm of solicitors onto fighting me but in the small claims court they cannot claim their costs. In the end they paid up the week before the court hearing and had, I estimate, to pay about 10 times the claim in their legal fees. Tony |
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UK legal info wanted re getting zapped by car
"John Latter" wrote in message
.. . Fortunately I only sustained minor injuries Re this, it's worth waiting a while before deciding whether or not you are injured. My minor injuries sustained in May 2003 are still hurting quite a bit. James -- "Sorry mate, I didn't see you" is not a satisfactory excuse. |
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UK legal info wanted re getting zapped by car
"James Hodson" wrote in message
... Re this, it's worth waiting a while before deciding whether or not you are injured. My minor injuries sustained in May 2003 are still hurting quite a bit. Some people find they continue hurting right up until they get an insurance settlement ;-). Rich |
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UK legal info wanted re getting zapped by car
My "minor injury" in 2000 resulted in a £4K Arthroscopy to my right
knee(ripped meniscus) in March of this year. The legal dudes handling the case against the MIB (started the week after the accident, the driver having no licence, insurance, MOT or tax, ergo skint!) failed to issue the neccessary papers within the three year time limit so the MIB said they and I can whistle. I am now in the process of suing them for loss of chance. The damage to my bike was paid for by my household insurers who intended to pursue the driver via any insurance he may have, house or contents etc., (unlikely) May be worth while talking with any insurers you may have, they can then have a word with "your" driver's people. If you do decide to go down the legal route, forget about all the buggers you see advertised on radio and TV, look in the yellow pages for a firm who's been around longer than legal aid has not been available for personal injury, but it will take time. regards MH Fortunately I only sustained minor injuries Re this, it's worth waiting a while before deciding whether or not you are injured. My minor injuries sustained in May 2003 are still hurting quite a bit. James remove _bats_ to reply |
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UK legal info wanted re getting zapped by car
On Mon, 17 Nov 2003 19:34:00 -0000, "Richard Goodman"
wrote: Some people find they continue hurting right up until they get an insurance settlement ;-) Cynic. James -- "Sorry mate, I didn't see you" is not a satisfactory excuse. |
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UK legal info wanted re getting zapped by car
James Hodson wrote:
On Mon, 17 Nov 2003 19:34:00 -0000, "Richard Goodman" wrote: Some people find they continue hurting right up until they get an insurance settlement ;-) Cynic. Maybe not: http://www.mississauga.com/mi/news/s...-1744295c.html http://www.troubleshooterjudd.com/sc...accidents.html Tony |
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UK legal info wanted re getting zapped by car
"Richard Goodman" wrote in message ...
"John Latter" wrote in message ... Hi, I live in the UK & yesterday, while going around a roundabout beneath a dual carraigeway), a car came hutling down the slip road & smashed into the back of me. Fortunately I only sustained minor injuries I've filed an accident report with the police and had a quick checkup at the hospital. What I would like to know if is anyone has experience of these matters? The guy who hit me claims poverty & only wants to replace the back wheel of my bike but 'bits' flew off in all directions, my cycle cape disappeared, etc - plus I'm not sure if there's anything wrong with the frame. cut If you are acting for yourself and there's no p.i. send it to the driver and tell him you hold him liable. It's up to him to decide whether to pass it to his insurers to deal with the claim or whether he wants to pay it himself, although it will no doubt be a condition of his insurance that he reports any accident even if he doesn't want to deal with it under his policy - but that's his problem. If he coughs up, well and good. Poverty is no excuse, if he can't afford to pay your claim he'll have to pass it to his insurers. If he or his insurers give you grief, don't give up and seek further legal advice. If any injury symptoms manifest then certainly do seek further legal advice to pursue a claim. HTH Rich This is all good advice. Poverty doesn't come into it, after all, he's already paid the insurance premium. The whole point of insurance is to defray the costs of such incidents (the insurers of the driver involved in the Selby rail crash have claims of £30 million to settle, the fact that the driver couldn't pay this himself is simply not relevant). If it is his fault, then stick to your guns and get full damages. Andrew Webster |
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UK legal info wanted re getting zapped by car
"James Hodson" wrote in message
... On Mon, 17 Nov 2003 19:34:00 -0000, "Richard Goodman" wrote: Some people find they continue hurting right up until they get an insurance settlement ;-) Cynic. We had a client once who suffered some minor injury in an RTA or pavement trip or some such, for whom we had to seek a medical report for another matter. The doctor wrote on his report something like "..indeed, she still seems to be suffering these problems even though her claim is now settled, and this is most unusual..." So it's not just me! Rich |
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UK legal info wanted re getting zapped by car
On Wed, 19 Nov 2003 19:04:07 -0000, "Tony Raven"
wrote: James Hodson wrote: On Mon, 17 Nov 2003 19:34:00 -0000, "Richard Goodman" wrote: Some people find they continue hurting right up until they get an insurance settlement ;-) Cynic. Maybe not: Re http://www.mississauga.com/mi/news/s...-1744295c.html (the bus), I saw something similar on TV many years ago. A US bus company and the local police acting in concert staged a very minor collision between a bus and another vehicle. All the people on the bus at the time of the accident were employees of either the police or the bus company, and the whole incident was filmed from nearby. Amusingly, a few moments after the staged crash, some twenty or so pedestrians piled onto the bus and subsequently made personal injury claims. So, Tony, you do have a point with your "maybe not". Cheers James -- "Sorry mate, I didn't see you" is not a satisfactory excuse. |
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