Bailer twine across road to guide cows - I hit it !.. Advice pls

General cycling advice ( NOT technical ! )
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The utility cyclist
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby The utility cyclist » 28 Aug 2020, 12:20am

You tried to be reasonable with the person whose actions injured you and caused property damage, they punted you off, take them for everything you are owed, which means his insurers.
Don't be put off by the victim blamers - it was not reasonable in any way to expect or see the obstruction/thing that caused you to suffer, also ignore the naysayers. You've done the farmer a massive favour by not going to the police, this could have ended with him in court and you having more hassle to deal with, the no win no fee is the best option given the unreasonableness of the criminal.

Make sure to get a proper medical examination of your knee/injuries, there could be far more damage than you realise and could be more long standing have longer term effects. This is really important because finding out you've done more harm x periodof time down the road after you've accepted whatever money the farmer/his insurers have offered will be too late. Take photos of your injuries from a day to day basis and note down the effects on yourself, pain, mobility, not being able to do x or y etc.

If it's a simple badly bruised knee and some other scrapes, you could easily expect a £1000 by my reckoning, I got £1750 for a fractured elbow about 2009ish and with no other costs in terms of bike/clothing damage.

Feel good about the decision you've made to rectify the wrong done to you and your losses
Good luck.

PH
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby PH » 28 Aug 2020, 12:32am

Bonefishblues wrote:Did you read and understand what I wrote? Possibly not. That's not my opinion.

You're right, I have no idea what you're talking about. You've expressed an opinion that isn't your own, because someone else might. You're a legal expert that's telling us what the lawyers are going to say, but you expertise doesn't stretch to knowing that damages claims for a couple of hundred quid don't go anywhere near the lawyers.
Rather then tell us what others may say and think, why not say what you do?

alexnharvey
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby alexnharvey » 28 Aug 2020, 8:29am

Because then he might feel foolish when someone points out the absurdity?

Bonefishblues
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Bonefishblues » 28 Aug 2020, 8:57am

Thanks gents - I'm sure your own rich seams of advice to the OP is appreciated :D

I would still be trying to keep this away from legal action at this stage. I would, point by point:

Get medically examined to see if there's any longer-term physical damage.
Produce a schedule of your loss.
Whilst it's fresh in your mind, write an account of both the incident and what's happened subsequently. It might be helpful to photograph the site next time you pass, noting whether the farmer has changed the twine/made it more visible as a result (in itself useful).
Write a letter to the farmer stating that you don't accept his offer of £x in compensation and asking him to compensate you as above. Don not be tempted to inflate loss, keep it factual and evidence-based.
State that you refute any suggestion of fault on your part, and that responsibility lies wholly with him.
Give him a respond by date, otherwise you will have to seek recovery.
Suggest he might care to put this in the hands of his insurers at this point.

If no/inadequate response, then action in the County Court is the way to go (linky from Slowster yesterday). It's cheap and easy, having used it myself with success.

Trust helpful - perhaps the rather unhelpful personal attacks on thread might usefully cease now?

eileithyia
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby eileithyia » 28 Aug 2020, 9:30am

Bit late coming to this, and no intention of reading 5 pages of responses, hope the OP is still on board, and has reported this to the police... this is a highly dangerous thing to do and totally irresponsible. What if the twine had been higher and caused serious damage or even death.....
I stand and rejoice everytime I see a woman ride by on a wheel the picture of free, untrammeled womanhood. HG Wells

thirdcrank
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby thirdcrank » 28 Aug 2020, 9:37am

Layman speaking.

The overriding thing here is that our legal system is so excellent / cumbersome, that in what is in lawyers' terms a trifling sum, there's no professional help in a system organised by and for professionals. Put another way, getting a lawyer to look at this would be disproportionately expensive. Had you sustained disabling injuries, that would have been different. If you have a local Citizens Advice they may be able to help.

IMO, you are left with hoping the farmer stumps up or DIY - county court with a small claim. Get pukka quotes for the repairs, take copies, and send him a polite letter with no attempts at being a learned friend, saying you are holding him responsible and expect settlement within, say, 14 days.

Hopefully, he'll either pay up or pass it to his insurer and they will at least come up with an offer.

If by that stage you are not satisfied for whatever reason, your options seem to be either to take court action or put it down to experience.

Reporting to the police has been mentioned but I cannot see that achieving much in relation to getting your money. I suspect that the line would be that this was not a reportable accident. I don't know what the current rules may say but a dependable member of this forum has previously posted that even "fatals" involving cyclists have not been recorded as such. The criminal law is also now too cumbersome to deal with this. The farmer would have to be interviewed under caution, normally on tape at a police station and that's not going to happen for this. If action were to be taken, then it would be along the lines of some sort of advice, which would not help you get your money. On the contrary, it might serve to antagonise him or reassure him that he was ok.

BTW, I'm a strong supporter of road users looking where they are going, but I'd be taken by surprise by a string across the road.

Lox
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Lox » 28 Aug 2020, 9:42am

I tried to keep it from legal action, but I now have no means of transport to get to work as my brakes are not working properly and it's 10 mile ride partly in the dark with 1000m accent/decent, had to get taxi this morning, bike shops are full in my area till end of October and getting it to them is going to be tricky, I want them to examine it and list what's wrong. I work 60 hours a week and have 3 kids when I'm not in work, this is why I employed a no win no fee solicitor, yes they will take up to 35% of whatever I get but I figure they will want to settle long before court for such a small amount. This has totally stressed me out couldn't sleep last 2 nights thinking about it all and aches and pains ment I couldn't get comfortable.

Bonefishblues
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Bonefishblues » 28 Aug 2020, 9:48am

Sorry to hear that OP, and understand why you are going along that road, as it were. Best wishes for a speedy recovery and resolution.

PH
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby PH » 28 Aug 2020, 10:24am

Lox wrote:this is why I employed a no win no fee solicitor, yes they will take up to 35% of whatever I get but I figure they will want to settle long before court for such a small amount.

I can only assume the solicitors wish to inflate the claim, the minimum personal injury element of a no win no fee agreement is at least £1,000.

Lox
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Lox » 28 Aug 2020, 10:44am

Bonefishblues wrote:Sorry to hear that OP, and understand why you are going along that road, as it were. Best wishes for a speedy recovery and resolution.

Thanks

thirdcrank
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby thirdcrank » 28 Aug 2020, 10:55am

Perhaps too late to mention this but be sure you have a firm of solicitors rather than some variety of claims handler who will at the very least just add to the deductions from your payout. ie Claims handlers will eventually instruct solicitors on your behalf if it does end up deep enough in to need that. AFAIK, you can't recover legal costs for a small claim so your misfortune may reward others at your expense.

eileithyia
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby eileithyia » 28 Aug 2020, 10:58am

Lox wrote:I tried to keep it from legal action, but I now have no means of transport to get to work as my brakes are not working properly and it's 10 mile ride partly in the dark with 1000m accent/decent, had to get taxi this morning, bike shops are full in my area till end of October and getting it to them is going to be tricky, I want them to examine it and list what's wrong. I work 60 hours a week and have 3 kids when I'm not in work, this is why I employed a no win no fee solicitor, yes they will take up to 35% of whatever I get but I figure they will want to settle long before court for such a small amount. This has totally stressed me out couldn't sleep last 2 nights thinking about it all and aches and pains ment I couldn't get comfortable.


Sorry to hear this, they shouldn't be taking 35% of what you get, they should be adding their costs to the total claim.
Remember you must also claim for additional costs, so that taxi journey to work etc., can be included in your claim along with any additional expenses you have due to not having your first means of transport that can be directly attributed to the accident.
I stand and rejoice everytime I see a woman ride by on a wheel the picture of free, untrammeled womanhood. HG Wells

Lox
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby Lox » 28 Aug 2020, 11:19am

Sorry to hear this, they shouldn't be taking 35% of what you get, they should be adding their costs to the total claim.
Remember you must also claim for additional costs, so that taxi journey to work etc., can be included in your claim along with any additional expenses you have due to not having your first means of transport that can be directly attributed to the accident.

Hi thanks, ye up to 35% I think they said that's why I hope it's quick so minimum should be taken .

PH
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby PH » 28 Aug 2020, 11:44am

Lox wrote:Hi thanks, ye up to 35% I think they said that's why I hope it's quick so minimum should be taken .

I fear you're about to get really stung, make sure you read the contract/agreement before signing it.

PH
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Re: Bailer twine across road to guide cows - I hit it !.. Advice pls

Postby PH » 28 Aug 2020, 11:50am

eileithyia wrote:Sorry to hear this, they shouldn't be taking 35% of what you get, they should be adding their costs to the total claim.

They can't do that on such a small claim. If the claim increases to the extent that legal expenses can be claimed, you are still liable to pay up to 25% of your compensation as a success fee (Unless you're part of a group agreement, such as that offered to members of Cycling UK and British Cycling)