Advice much needed

Commuting, Day rides, Audax, Incidents, etc.
eileithyia
Posts: 7988
Joined: 31 Jan 2007, 6:46pm
Location: Horwich Which is Lancs :-)

Re: Advice much needed

Postby eileithyia » 26 Feb 2012, 9:52pm

No need to repeat TC's advise, as for claiming I might have been more charitable if they had been fair.... however they deserve what is coming to them IMO.

As for bike I would be very careful, what material is it made of? I would certainly get an independant bike shop assessment.
I stand and rejoice everytime I see a woman ride by on a wheel the picture of free, untrammeled womanhood. HG Wells

Johnocyprus
Posts: 117
Joined: 13 Jan 2008, 4:12am

Re: Advice much needed

Postby Johnocyprus » 27 Feb 2012, 6:15am

Thirdcrank's advice is spot on throughout. I recently was knocked of my bike and as a result of the advice offered on this forum I got solicitors involved. I chose RJW, the CTC's solicitors and I must say they have been excellent.

ak11
Posts: 5
Joined: 26 Apr 2011, 3:47pm

Re: Advice much needed

Postby ak11 » 29 Feb 2012, 2:31pm

Hi bingley,

I am glad that you were not badly hurt and are able to continue cycling. Having been involved in accidents before all I can say is that the sooner you are able to get back to your routine the easier it is!

Also remember that for every selfish/careless driver there are hundreds of others who drive sensibly and give us the space/time to be able to use the roads safely without fear.

I very recently had a 'run in' with a Van driver on my way to work one morning - at one point I was convinced that he was going to punch me! However the following day my faith in drivers were restored by another van driver who managed to position his vehicle in a busy roundabout so that a group of cyclists including myself could safely cross it.

Keep cycling and you will get your confidence & faith back in no time.

downfader
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Joined: 8 Feb 2009, 10:09pm
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Re: Advice much needed

Postby downfader » 1 Mar 2012, 1:40pm

I too concur that Thirdcrank's advice is good stuff.

Don't feel bad, she made that decision and she is the one who has to take the consequence of her actions. I felt sorry for my driver, too, when my collision happened. After a while the dust settles and you start to see things in a concise and logical way.

bingley
Posts: 3
Joined: 25 Feb 2012, 4:32pm

Re: Advice much needed

Postby bingley » 12 Mar 2012, 9:21pm

An update, as promised;

It seems that the mother (of the driver) did the right thing and phoned daughters' insurers a couple of days after the incident.

Her insurers phoned me at home some days later to tell me that they automatically consider any driver involved in an accident/collision with pedestrians,cyclists or motorcyclists to be at fault, as these categories are considered to be "vulnerable road users".

They would not,they said, contest a claim by me, would I like to make a claim?!

They are very keen to settle my claim directly with me (I wonder why!).

eileithyia
Posts: 7988
Joined: 31 Jan 2007, 6:46pm
Location: Horwich Which is Lancs :-)

Re: Advice much needed

Postby eileithyia » 13 Mar 2012, 9:16am

Because once solicitors and courts are mentioned their settlement costs will escalate to cover solicitors fees etc. Also a solicitor will have your 'best interest at heart' will try to extract as much as he can for you because that way his own percentage increases.

If you are not too badly hurt and there is minimal damage, and you have been able to go to back work with no timeoff sick (and remember many employers have clauses in contracts that they require to be compensated also where you have been off work due to a no fault accident... eg I recently added £6000 to compensation claim to repay my employer for time off work), and if you are happy that a direct settlement covers your expenses then go ahead and accept. If you are not you can tell them so and they may up the offer, or you may need to get other opinions.

But it will always be cheaper for them settle direct with you.
I stand and rejoice everytime I see a woman ride by on a wheel the picture of free, untrammeled womanhood. HG Wells

tatanab
Posts: 4084
Joined: 8 Feb 2007, 12:37pm

Re: Advice much needed

Postby tatanab » 13 Mar 2012, 9:43am

bingley wrote:They are very keen to settle my claim directly with me (I wonder why!).

If you are happy that your injuries are minimal and damage to the bike likewise then I would take that route and save solicitors etc for big events.

I was involved in a collision about 7 years ago. I had to rebuild two wheels and had 3 stitches in a cut below a knee. Direct Line were the insurers, they contacted me directly and dealt with me fairly in my opinion. No time off work involved.

Nettled Shin
Posts: 644
Joined: 1 Jul 2010, 10:01am
Location: Brigadoon

Re: Advice much needed

Postby Nettled Shin » 13 Mar 2012, 10:06am

eileithyia wrote:remember many employers have clauses in contracts that they require to be compensated also where you have been off work due to a no fault accident


I'm not grasping this. If I break my arm doing DIY, then I might have to reimburse my employer for any paid sick leave? I've never heard of this before; it sounds a bit regressive.
Also, if you've been absent from work for a short while during which your employer paid your salary, and your absence was down to someone else's negligence, you couldn't legitimately claim for compensation for loss of earnings could you? In which case you wouldn't have been paid twice and there would be no money for your employer to claim back from you, unless sick pay is really a loan.

In a case like the OP's, couldn't he settle his simple claim, and let his employers pursue their own claim against the driver should they want to?

eileithyia
Posts: 7988
Joined: 31 Jan 2007, 6:46pm
Location: Horwich Which is Lancs :-)

Re: Advice much needed

Postby eileithyia » 13 Mar 2012, 4:48pm

If you are involved in RTA where you are claiming compensation, you have been off sick during which time you have been paid, then you are expected to include employer's cost in your claim/reimburse your employer.

I think you will find it is a clause somewhere in your contract, it certainly is in mine.

I do not think they will expect to be reimursed if you fall off a ladder unless you are claiming compensation off the manufacturers for faulty equipment.

I f you fall off a ladder regularly and take time off work as a result you could, however, find yourself in breach of contract of ensuring you are healthy to perform your job (and have heard of it happening, ok not ladder but someone who regularly broke his leg on the rugby field). But that is a different matter.
I stand and rejoice everytime I see a woman ride by on a wheel the picture of free, untrammeled womanhood. HG Wells

Johnocyprus
Posts: 117
Joined: 13 Jan 2008, 4:12am

Re: Advice much needed

Postby Johnocyprus » 13 Mar 2012, 5:29pm

Bingley check out my previous posts and you will see a thread I began "Dealing direct with an insurance company" it may help you.