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

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

"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.

"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

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

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.

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

"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

"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

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.