First big accident

Commuting, Day rides, Audax, Incidents, etc.
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Cowsham
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Re: First big accident

Post by Cowsham »

Dingdong wrote: 29 Nov 2022, 11:27am
Cowsham wrote: 29 Nov 2022, 10:25am Reading all this makes me think how lucky I was on yesterday mornings commute. The only take away from that was don't assume even though a driver has stopped or nearly stopped at a junction he/she has seen you.
I stopped cycling to work in winter a few years ago, not because of the weather but because of visibility. I found that no matter how much hi Vis/lighting you put on, someone was bound not to see you .

Nearly killed me!
Would be scary in higher traffic volumes. My incident could've happened at any time of year cos the ---- just didn't look to the right. Complete failure to check his path before moving off out of the junction in fact you'd think it being pitch dark except for my 500 lumens lighting up the drivers side of his big Jeep I'd be safer or he'd notice me easier.???

You can't take it for granted drivers have a working brain installed. The stupid are everywhere.
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pete75
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Re: First big accident

Post by pete75 »

Have had one big accident on a bike, well my only accident unless you count getting used to cleats fall offs. Suprisingly no damage to bike and just a little to clothes, though I spent three weeks in hospital and three months off work. No real financial loss of any kind really so I couldn't be buttocked to make a claim. Two cars appeared to be racing, one clipped me, I came off, was flat in the road and the following car ran over my feet and ankles. Neither bothered to stop.
'Give me my bike, a bit of sunshine - and a stop-off for a lunchtime pint - and I'm a happy man.' - Reg Baker
thirdcrank
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Joined: 9 Jan 2007, 2:44pm

Re: First big accident

Post by thirdcrank »

Speaking as a layperson, I'd suggest bearing in mind that you have instructed a lawyer, not a fortune teller. I can understand that you are keen to reach a conclusion but you presumably have as much info about your recovery as your solicitor. AIUI, you are not yet back on your bike. Until the extent of your pain and suffering, injury and above all any disability are known, nobody with your best interests at heart can reach a settlement.

What's to be gained by updates saying "Nothing to report." ?

AFAIK, solicitors charge according to a scale for work done, and they don't come cheap. Ultimately, somebody is going to pick up the tab and you don't want it coming out of your compo. I wonder whether if you were to check the T&Cs in your agreement with your solicitor you might find info about this.
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Cowsham
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Re: First big accident

Post by Cowsham »

pete75 wrote: 29 Nov 2022, 2:02pm Have had one big accident on a bike, well my only accident unless you count getting used to cleats fall offs. Suprisingly no damage to bike and just a little to clothes, though I spent three weeks in hospital and three months off work. No real financial loss of any kind really so I couldn't be buttocked to make a claim. Two cars appeared to be racing, one clipped me, I came off, was flat in the road and the following car ran over my feet and ankles. Neither bothered to stop.

Jeepers Pete !
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boblo
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Joined: 24 Sep 2009, 7:35pm

Re: First big accident

Post by boblo »

What's to be gained by updates saying "Nothing to report." ?
I don't like long periods of radio silence where everybody assumes someone else is doing something, often to the contrary. I'm also happy to pay and be involved in the process rather than sitting back passively. Each to their own though. :wink:
Gehrman
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Joined: 20 Jun 2021, 7:27pm

Re: First big accident

Post by Gehrman »

Thanks for all the feedback. I’m in no hurry really for everything to be resolved, it takes as long as it takes. I’m a British Cycling member so am using their accident claim insurance and appointed solicitors.
That’s the only thing that’s annoyed me a bit to be honest, the lack of communication. It’s just the one paralegal who I’ve been in communication with from the start and it’s like getting blood out of a stone sometimes when I’ve asked for information.
JohnMorgan
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Joined: 9 Jun 2022, 7:19pm

Re: First big accident

Post by JohnMorgan »

The Nice Lady took me out while I was exiting a mini roundabout. Got a weekend in a hotel being told to drive more carefully. Cow.

In any event, my injuries were similar to yours, minus the collar bone. Took me a year to get back to where I was pre collision (I’d just done a ‘sprint tri’, and had a benchmark), so before accepting compensation, be aware of how long you will be ‘out’. I made the mistake of eschewing the pain killers, as they were ‘addictive’, and ended up with a knee problem from favouring one side. Don’t ‘sit’, though. The pain killers are to let you move ‘normally, and prevent the problem I had.

If you take the bike to your flbs, and ask them for a repair estimate, they may write it off and give you a replacement cost. Ask for an itemised replacement cost, as the total will likely be more than the whole package.

When going in to the medical/s, be aware they will try to test you without you being aware of it. A ‘stiff upper lip’ will not help you in this. Remember to tell the good doctor about your ‘flash-backs’, and sleeping problems, if only from your fears of becoming addicted to pain-killers.

Cosmetic appearance is important.If the surgery will ruin your chances of being a swim suit model, put that in the claim.

Apologies if I seem to be telling you to ‘milk’ the system, but you can be assured the insurance company will be doing it right back, and the driver will be back on the road long before you are.

Good luck!
Gehrman
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Joined: 20 Jun 2021, 7:27pm

Re: First big accident

Post by Gehrman »

Well it will be 2 years in the summer since I got wiped out so hopefully the legal side of things will start to draw towards a conclusion.
Now I’m not asking for legal advice here but when it does come to the nitty gritty of settlements how do you know you’re getting a fair deal ? I’ve never been involved in anything like this before so with me being naive I’d probably accept £100 of Woolworths vouchers.
Is it just a matter of putting your trust in the solicitors that you’ve been appointed ? (albeit I’ve never actually spoken to one, only paralegals)
And on another point should I have been notified by the police as to the outcome of the drivers charge as I’ve heard nothing.
Any wisdom appreciated.
Jules59
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Joined: 16 Jan 2019, 2:34pm

Re: First big accident

Post by Jules59 »

I dont know if things have changed but many many years ago I was knocked off my motorbike. Suffice to say it got rather complicated and we ended up appointing a QC who assessed the amount of my damages due by looking up recent comparable injury awards and then making a judgement on the amount I should be awarded. We successfully sued for that amount.
thirdcrank
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Joined: 9 Jan 2007, 2:44pm

Re: First big accident

Post by thirdcrank »

Gehrman wrote: 24 Apr 2023, 7:42pm Well it will be 2 years in the summer since I got wiped out so hopefully the legal side of things will start to draw towards a conclusion.
Now I’m not asking for legal advice here but when it does come to the nitty gritty of settlements how do you know you’re getting a fair deal ? I’ve never been involved in anything like this before so with me being naive I’d probably accept £100 of Woolworths vouchers.
Is it just a matter of putting your trust in the solicitors that you’ve been appointed ? (albeit I’ve never actually spoken to one, only paralegals)
And on another point should I have been notified by the police as to the outcome of the drivers charge as I’ve heard nothing.
Any wisdom appreciated.
We see threads about the procedures after crashes fairly often and I had to read through yours to check what had already been covered. One relevant bit of advice was to check the T&Cs from your legal firm. That should cover what service you can expect and how things will proceed. I believe it will also explain the system for the eventual calculation of any compo .

In lay terms, I'd say "Don't keep a dog and bark yourself."

On the specific point of the police notifying you of the result, then I think in legal terms, if your legal representative gets the info, that's the same as telling you. On a practical point, the file would be submitted and go on its way. With loads of others. Your solicitors will have paid for a copy of the report and will get relevant info as it emerges. If and when the file is with the CPS, the police will have no reason to get blow-by-blow updates. So much could happen like the driver being charged with a bank robbery or whatever. A solicitor or their gopher can discuss this type of thing with the CPS on professional terms.
Sandy Bags
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Joined: 20 Oct 2022, 9:41am

Re: First big accident

Post by Sandy Bags »

I'm so sorry to hear that you've had this experience, I really do hope that you recover quickly and fully. It is quite sobering to hear these kinds of stories; I am fortunate enough to have only had one accident on a bicycle on a road in nearly 30 years..and that was as a teenager, and was entirely my own fault!

One thing that might be helpful; about 6 months ago I injured my leg, just above the knee, quite badly- I was chasing after my dog who was just about to run into the road, and ran into a small protruding bolt..the net result was that I ripped a hole in the muscle. I have a very high tolerance for pain, but it was agony. Months later, it still hadn't healed..if I rode a bicycle, I was hobbling around the next day. I was concerned that it might never heal (all the Docs could suggest was rest and various exercises)..and then a good friend of mine suggested that I buy an 'infra-red' lamp (I bought an angle-poise version, from amazon, as it was very convenient to use.) The first session..the injury site swelled up quite badly, my friend said 'that's a good sign'..just use it for less time next time. Long story short, a month later of mostly daily use, and my leg is about 90% healed. I have found that 20 minute sessions are perfect, no longer.

So, once the Docs have knitted you back together, to help/speed recovery..an infra-red lamp may be very helpful. I really do wish you all the very best in your recovery :D
Vorpal
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Re: First big accident

Post by Vorpal »

Infrared therapy can be helpful, however it should be discussed with your GP or specialist before starting. It is contraindicated for photosensitising conditions (e.g. lupus), or anyone taking a photosensitising drug, such as tetracycline, doxycycline, hydrochlorothiazide, naproxen, and others.
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Airsporter1st
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Re: First big accident

Post by Airsporter1st »

A friend of mine was hit by a car and almost died in hospital. He went through his household insurance who appointed a local solicitor, known for their general incompetence, for free. 5 different individual solicitors and more than a year later, he received a paltry pay out which in no way reflected the suffering and inconvenience he endured.

In contrast, I paid a reputable firm of solicitors to represent me in a mild whiplash case and received an exceptionally generous payout and all legal costs re-imbursed in full.

No two cases are the same, of course, but I would be wary of the free legal services bundled with household insurance.
thirdcrank
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Joined: 9 Jan 2007, 2:44pm

Re: First big accident

Post by thirdcrank »

AIUI, the "free" insurance sometimes bundled with household (buildings) insurance is third party insurance which aims protect the policyholder against claims for negligence when their often mortgaged dwelling is their only asset. This is also the £10 million advertised by cyclingUK as a member benefit. I'm grateful to former CTC councillor SimonL6 for explaining that if you were in dock after a bad smash, the other sides insurer might counterclaim against you to get the payout reduced etc. That's when eg the cUK "free" insurance would be handy.

Not many people can afford to fund their own legal proceedings for compo

The arrangements have changed several times over the years over the funding of claims on what is sometimes called "no win, no fee." Insurers have lobbied - pretty successfully - to characterise any sort of legal help for crash casualties as a compensation culture

As a example of current practice, I believe all riders cUK members and non-members can consult the cUK advice line. Members are entitled to be considered to have the conditional fees paid upfront - subject to having a winnable case - and non-members may be offered the opportunity to pay the conditional fees through a one-off premium.
fastpedaller
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Re: First big accident

Post by fastpedaller »

I find it very depressing that, in a so-called civilised society, the legal battles are often won by who has the most money, rather than the moral rights/wrongs. :(
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