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Re legal aid needed after raod accident (by Paul Conyers)



 
 
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  #1  
Old December 6th 03, 10:15 PM
magpie
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Default Re legal aid needed after raod accident (by Paul Conyers)

Carlos Fandango wrote

hi,
just had a nasty road accident where i collided with a 4x4 on a
single-track road and smashed my knee up.

don't have any personal accident insurance - Any advise on who i could
approach - what process to use, who you'd recommend to help a cyclist
take legal action. ??

TIA
C


I was recently mown down by an elderly motorist not giving way
at a junction - not a pleasent experience and definitely his fault.
I like you had no insurance.
My Bike/clothing etc was damaged and I had minor injuries bruises/grazes.

I dealt with his insurance company direct
and have just had a verbal offer of virtually full compensation for the equipment
(some wear n tear allowed for) and many hundreds for personal injury compensation.

My advice is:-

Get his insurance details etc
Get injuries seen to by doctor even if you need no treatment - his insurance
will want some kind of doctors report.
Take photos of damages/injuries
Keep a diary of how your injuries felt everyday
Report accident to police
Most important to have or acquire receipts for damaged
items..

Get your bike inspected by a reputable dealer - make sure the
frames not bent, it might look ok but don't risk it. If its beyond repair
get them to state this in a letter.

Contact his insurance company direct - in my case all they wanted was a letter
explaining what had happened, receipts, doctors report - no forms
to fill in. Also a list of damaged items, when bought and cost.

Check out the following website
http://www.bikeline.co.uk/

Theres plenty of good advice here from a cycling friendly org.

I filled in the online claim form and spoke to one of their
solicitors

The advice given was to first try and deal direct and if you're not happy
with how things are going or the level of compensation given then pursue
via a solicitor.

This has took about 6 weeks so far - just waiting now for the official offer to
arrive in the post.

Hope this is of use and good luck

Paul

ps I'm going to join the CTC - membership includes legal help





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  #2  
Old December 6th 03, 10:55 PM
Richard Goodman
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Default Re legal aid needed after raod accident (by Paul Conyers)

"magpie" wrote in message
...

I was recently mown down by an elderly motorist not giving way
at a junction - not a pleasent experience and definitely his fault.
I like you had no insurance.
My Bike/clothing etc was damaged and I had minor injuries bruises/grazes.

I dealt with his insurance company direct
and have just had a verbal offer of virtually full compensation for the

equipment
(some wear n tear allowed for) and many hundreds for personal injury

compensation.


It's not so difficult to work out your losses, but the difficulty for a lay
person in negotiating for personal injury compensation is that you won't
have any idea how much you can ask for the injury - generally the question
of quantum is a specialist field for which a solicitor is likely to ask a
barrister. Rates are dictated by what courts have previously awarded in
similar cases, and it needs a familiarity with those cases to know. If an
insurance company is eager to settle, it will be most likely because they're
think they're getting a bargain. This might just be because by dealing
direct they know they're saving on legal costs, but it might also be because
they would normally expect to settle at a higher figure for the kind of
injuries suffered. Where the injuries are trivial - a bit of bruising and
gravel rash - the sort of injury a solicitor won't want to deal with because
it's worth less than £1,000 in damages - then fine, deal with it yourself
(in fact there may be no choice) but if it's more serious than that -
broken bones, possible long-term effects - then personally, I would always
advise dealing with the claim through a personal injury specialist. Just be
careful who you use.

Rich




 




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