bicycle damaged by a car driver in an accident

Commuting, Day rides, Audax, Incidents, etc.
thirdcrank
Posts: 30527
Joined: 9 Jan 2007, 2:44pm

Postby thirdcrank » 15 Feb 2008, 3:42pm

The Courts Service

This has all the griff and procedures for claims in the civil courts. (There is no longer a 'Small claims Court' the equivalent is the Fast Track Channel of the County Court.) For anybody with the bottle to deal with it themselves, it's all there IMO the leaflets are a model of clarity.

In fact, if there is personal injury, no need to faff about. Gret the injuries examined by a doctor (to preserve the evidence) then go to a solicitor offering 'no win, no fee' personal injury claims.

In relation to representation by solicitors, the point about 'small' claims is that they are anticipated to cost under £5,000 and in most circumstances solicitor's costs cannot be included in the claim. Solicitors can certainly represent litigants - it would be a breach of their right to a fair trial if that were not permitted - but the inability to reclaim costs is a spur to litigants to negotiate a settlement, rather than go to a hearing. I am no expert on civil law but I believe that certain litigants such as limited liability companies may only be represented by a solicitor - which is one of the things pushing on them to settle early in small cases.

Bill Reynolds
Posts: 204
Joined: 17 Mar 2007, 1:45am
Location: North Worcestershire

Postby Bill Reynolds » 15 Feb 2008, 9:17pm

Its a great pity that a lot of you people dont join a trade union!! I have been in a union all my life. to date I had help with 3 motorcycle accidents, one cycle accident and one case of disabilty discrimation....all won damages for me. I am currently using my present union the T & GWU for more disability hassle at my part time job. The union will fight for me if I have a bump on my way to work on my motorcycle OR when I am out on my cycle......

mikeitup
Posts: 92
Joined: 31 Oct 2007, 4:53pm
Location: Walsall

Postby mikeitup » 16 Feb 2008, 4:49pm

Bill Reynolds wrote:Its a great pity that a lot of you people dont join a trade union!! I have been in a union all my life. to date I had help with 3 motorcycle accidents, one cycle accident and one case of disabilty discrimation....all won damages for me. I am currently using my present union the T & GWU for more disability hassle at my part time job. The union will fight for me if I have a bump on my way to work on my motorcycle OR when I am out on my cycle......


A very valid point. Some of you might be in a trade union but are just unaware of the benefits. It' something worth checking out.
But I would recommend joining the CTC anyway.

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meic
Posts: 19355
Joined: 1 Feb 2007, 9:37pm
Location: Caerfyrddin (Carmarthen)

Postby meic » 16 Feb 2008, 5:05pm

I forgot to mention that you cant just go to the small claims court.
You do have to negotiate with the other side and only if you consider their offer unacceptable and they refuse to negotiate further can you then threaten to take them to small claims court and you have to give at least 2 weeks written notice.
If for example the Judge finds in your favour about the liability but considers that you did not make adequate attempts to settle or that their offer was adequate, then you will win the case and some compensation BUT you may have to pay all the costs!
With it being a small claim the extent of these costs is limited so the insurance company cant scare you off with expensive solicitors' fees

ianr1950
Posts: 1336
Joined: 16 Apr 2007, 9:23am

Postby ianr1950 » 17 Feb 2008, 8:50pm

I don't need to join a trade union and certainly don't want to join one.