Deliberate Serious Incident Claim

Commuting, Day rides, Audax, Incidents, etc.
Jhomthan
Posts: 2
Joined: 26 Nov 2013, 9:35am

Deliberate Serious Incident Claim

Postby Jhomthan » 3 Mar 2014, 1:39pm

I was deliberately knocked off my bike.

The police have advised me to claim through a no win no fee service

Could anybody offer advice on which company to use as iv never Had to go through this

Thank you

Jhomthan
Last edited by Jhomthan on 3 Mar 2014, 11:19pm, edited 1 time in total.

thirdcrank
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Joined: 9 Jan 2007, 2:44pm

Re: Deliberate Serious Incident Claim

Postby thirdcrank » 3 Mar 2014, 2:31pm

Have a look at this.

viewtopic.php?f=1&t=49627

Bear in mind that your case is slightly unusual for a cycling forum in that it's not a negligence claim following a collision. When making your selection of lawyer, get them to confirm that they have experience of dealing with claims of this type. You haven't mentioned the extent of your injuries or any damage to your bike or other property and I'd advise against too much discussion of a forthcoming criminal prosecution on here, b ut after a conviction in a criminal trial for assault, the court can award compensation. A court won't get involved in an complicated calculation of a claim and there are other rules, eg AFAIK, compensation for "road accidents" isn't covered. So, if your claim is straightforward, the criminal court may make a summary award of compensation which you feel is adequate. I think any solicitor you instruct at this stage will then wait for the result of the criminal prosecution before taking things further. The fact that there has been a police investigation leading to a prosecution suggests that all the initial evidence, especially medical evidence of your injuries immediately after the alleged offence, has been preserved. If you suffer longer term problems, further medical reports might be necessary for a civil compo claim.

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ArMoRothair
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Location: Londinium

Re: Deliberate Serious Incident Claim

Postby ArMoRothair » 3 Mar 2014, 9:08pm

thirdcrank wrote: I'd advise against too much discussion of a forthcoming criminal prosecution on here


Yes, please be careful revealing too much of a case which may be sub judice.

I hope you find what you are looking for. Good luck with it.

Psamathe
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Joined: 10 Jan 2014, 8:56pm

Re: Deliberate Serious Incident Claim

Postby Psamathe » 3 Mar 2014, 9:46pm

I had reason to take somebody to court a couple of years ago though nothing to do with cycling/ists or roads/driving (it was about a house purchase contract). I used a solicitor quite remote from me so it was all done by e-mail/post/telephone. Apparently this is no problem should court appearances be necessary (my own case, after nearly a year I ended-up sitting confidently in a Judge's Chambers with Judge and defendant at which point defendant's attitude changed). He (solicitor) was very good and I can recommend him if you want somebody recommended - though I have no idea about his experience in your particular type of claim.

In my own case he offered to do "no win/no fee" or a standard I pay and get my costs awarded back by the court. The "No win/no fee" contract had somewhat higher legal fees (higher than a standard time/materials change basis). And, if I win, I am still liable for those higher fees except they are recovered from the defendant. Which is easy provided the defendant has the assets such that the fees can be recovered (e.g. send in the bailiffs). Which is all fine if you are taking on e.g. an insurance company as you tend to be confident they have means to pay claims. But if you are going after a private individual (e.g. un-insured) then it might turn-out they have no significant assets (or all in somebody else's name) and they you could still be stuck with being liable for higher legal fees.

So, based on my limited experience of one unrelated case, be clear about who you are pursuing and how covered by insurance they are in relation to your claim.

The solicitor I used was happy to have a telephone chat with me before anything started (for free) to ensure I understood what I was taking on and that it was something he could act for me on.

If you want his contact details let me know and I will PM them.

Ian

Malaconotus
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Location: Chapel Allerton, Leeds

Re: Deliberate Serious Incident Claim

Postby Malaconotus » 3 Mar 2014, 11:12pm

ArMoRothair wrote:
thirdcrank wrote: I'd advise against too much discussion of a forthcoming criminal prosecution on here


Yes, please be careful revealing too much of a case which may be sub judice.

I hope you find what you are looking for. Good luck with it.


+1. All the best. It may be worth contacting the CTC's solicitors to see if they can advise, although as noted above this is not the normal SMIDSY case... http://www.slatergordon.co.uk/unions-fe ... ities/ctc/

You can't be too careful about sub judice matters. It may be wise to edit your first post to remove the location.

Jhomthan
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Joined: 26 Nov 2013, 9:35am

Re: Deliberate Serious Incident Claim

Postby Jhomthan » 3 Mar 2014, 11:21pm

Really appreciate all the information and advice guys, and with regards to editing post I wasn't aware

Samuel

thirdcrank
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Joined: 9 Jan 2007, 2:44pm

Re: Deliberate Serious Incident Claim

Postby thirdcrank » 4 Mar 2014, 8:07am

On the matter of fees, there are various ways of funding a case and I'm no expert, but I can say this.

A solicitor will explain the options to you before taking on a case. They will also give you a frank assessment from the outset as to whether you have a worthwhile case. (A successful criminal prosecution should help.) A solicitor will check to see if you have any entitlement to assistance from any insurance policies you may have, union membership etc.

My understanding of no win,no fee, AKA a conditional fee agreement is that you should not end up paying legal fees, even if you lose. Unlike legal aid, with this system, the solicitor must confirm that you have what I'll call a probable winner. Based on that opinion, specialist "after the event" insurers insure you against losing. You normally have to pay the premium up front, but the policy refunds that, even if you lose. AFAIK, the main financial difference with the CTC scheme is that it's a "collective conditional fee" agreement, whereby the CTC, trade union or whatever puts up the policy premium for you.

As pointed out, it's pointless winning if the other party can't pay, and it can be hard going if they can pay but don't.

The main point is that most of us on here are only laymen and the best advice is to get good professional advice. In my earlier post, the link includes a further link to Martin Porter QC, the Cycling Silk. There is an offer somewhere on his blog to help with finding a lawyer. He has experience of cases such as yours, having been on the receiving end as a cyclist, rather than a lawyer.

Re the advice from the police. All they will really have been saying is that they deal with criminal prosecutions and compo is a civil matter, which is down to you, although, as I've already posted, a criminal court can sometimes make a summary award of compensation. Again, no guarantee it will be paid. It's enforced through the fines system and a lot of fines go unpaid.

iviehoff
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Re: Deliberate Serious Incident Claim

Postby iviehoff » 4 Mar 2014, 9:23am

Martin Porter, the cycling lawyer, offers a few tips on choosing a lawyer.
http://martinporterqc.blogspot.co.uk/

thirdcrank
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Joined: 9 Jan 2007, 2:44pm

Re: Deliberate Serious Incident Claim

Postby thirdcrank » 4 Mar 2014, 9:57am

Jhomthan

A further procedural point here concerns the mode of criminal trial. If you have got it right that the charge is assault occasioning actual bodily harm, that means it's likely to be heard in the Crown Court, with a jury if it's a not guilty plea. S47 AOABH can be tried summarily with the consent of the accused but there are reasons explained quite colourfully elsewhere on here by shootist, why prosecutors tend to charge common assault. The sheer weight of congestion in the Crown Court may lead to quite a delay before your case is heard there.