Firstly, apologies in advance for the long posting! I am looking for some advice about a legal claim. I was knocked off my bike just over a year ago, this was before I joined the CTC and before I'd done a lot of reading about what to do when involved in an accident!
I was cycling to work in rush hour, there were lots of cars and pedestrians about and the traffic in my lane was stationary at a red light which meant it was backed up quite a bit. I was cycling down the cycle lane on the inside of the stationary traffic, taking extra care in case any pedestrians stepped in front of me. As I reached closer to the traffic lights, a car that had been travelling in the opposite direction had stopped with the intention of turning right into a small side road. The queue of traffic had allowed him to do so but he hadn't yet crossed all of the way. My intended course was not blocked by this car and as I approached I caught the driver's eye. Despite this, the car lurched forward before I passed, knocking me off my bike and across the bonnet.
I landed on my wrists and fractured my right wrist. I got up and looked at the driver who didn't show any reaction, he then started to drive off. To get his attention and make him stop I gave his car a small kick. After the car drove off I was helped into a nearby building by passers by and the police. The driver eventually turned up in the same building, he ignored me and didn't even acknowledge me (if he had said sorry or even asked how I was I probably wouldn't have considered pursuing a claim). We were both questioned separately and I was then taken to A&E in an ambulance.
I am now in the middle of a claim with the driver with a solicitor on a "no win, no fee" basis. A year has passed and the driver still denies liability, my solicitor is now advising that we settle on a 50/50 split liability. My solicitor believes most cases similar to mine have been settled in this way, I wonder if he knew his stuff he might have been aware of this sooner.
I am a bit reluctant to settle on a split liability basis as the driver is now claiming, over a year after the incident, that I sustained the injuries to my wrist after I punched his car - I have never denied that I kicked the car and told the police I had done so in my account of what happened and the scuff mark on the car was too low to be a punch anyway!
I don't know whether to agree to the split liability settlement. I feel like the solicitor is perhaps wanting to get my case settled so he can pick up his fee. I'm not too bothered about the money, the cost of the repairs and my other costs have long left my bank account - if the case was to be settled on 50/50 liability I feel it would be wrong because I was cycling with caution, had right of way and the driver drove into me even though we had made eye contact.
I get the impression this is quite a common accident. Has anyone else here been in a similar situation? Can anyone offer any advice as to whether or not I should go with the split liability settlement?
Thanks in advance.