Cycling UK Forum

hi everyone,
this shouldn't be my first post but it is. Had my first off last week (commuting and taxi cut in front of me knocking me off)
a bit banged up, knee ligament & ribs. Has been a bit of an awakening in terms of how vulnerable I am and what all the right/wrong things to do are in these situations.
I got the driver details (name, number, insurance), he stopped & eventually took me home, having spoken to 999 who deemed it not serious enough to send an ambulance. I forgot to take witness details, doh. Went to A&E who checked me over and discharged me that evening. The following day I logged the accident with police and signed up for British Cycling membership.
Contacted BC yesterday, but as my membership started the day after the accident I don't get the full power of their help, but they did put me in touch with Leigh Day solicitors.
In the meantime I contacted a local bike shop to assess the bike, and they advised I speak to CAMS.
My home insurance doesn't cover pedal cycles away from home
Which brings me to the advice I seek here as I'm really not sure which path to take to get the best result:
Leigh Day no win no fee
or
CAMS

Any / all advice very much appreciated
thanks

Welcome

This "CAMS"?
https://c-ams.co.uk

Jonathan

If you search the forum or look through the 'On the road' board*, you will find plenty of threads started by people in a similar situation, and I would suggest reading a few.

This thread is just one example - viewtopic.php?t=140538. The rider was expecting a few hundred pounds to cover the damage to his bike and the general injuries he suffered, but the person responsible tried to avoid paying even that small amount. The rider employed solicitors on a 'no win no fee' basis, and received £5,000. I am not suggesting that is what would you would get, but it demonstrates that even for what might initially seem a *relatively* minor incident, the compensation for which the responsible party is liable may well be more than enough to warrent using 'no win no fee' solicitors, despite their taking a large percentage of the compensation as their fee, because they will earn it by getting an appropriate amount of compensation.

I have not heard of CAMS before. If it were me I would probably choose Leigh Day because people's reports of using them seem to be positive overall (again, use the forum search function and you will find plenty of posts by people mentioning Leigh Day).

If you have not already done so, take (or get someone else to take) photographs of your injuries. Bear in mind that the impact of some injuries may not always be immediately apparent. An injury which you might expect to clear up in weeks or months may prove long-lasting/permanent, and may prove to have a worse impact on your wellbeing than you had expected. Therefore, solicitors will often advise to get injuries properly assessed by a medical professional, and not to settle that part of the claim until they have healed or it is clear what the lasting impact is. (Claims are paid 'in full and final settlement' - there is no second bite of the cherry available if injuries prove worse than expected).

* The best place for this thread is the 'On the road' board, and I will move it there shortly.

In my limited experience from two claims, and from what I've gathered from others, the level of service you get depends on the individual solicitor appointed to handle your claim far more than the firm you choose. You are entering into a conditional fee agreement (No win, no fee) and until you sign up to that agreement there is nothing to stop you discussing it with more than one company. Once you have agreed, it's difficult and probably expensive to change. If you get compensation, the conditional fee agreement will entitle the solicitor to take a success fee from it of up to 25%, it might be worth discussing this before signing up (One of the benefits of CUK and BC membership is this fee is waived).
Before you are offered a conditional fee agreement, they will access your claim and decide if they can represent you. Low value claims don't get awarded legal fees, so if your claim isn't of sufficient value, you'll have to represent yourself, I'm sure they'll advise you how. The rules governing what can be dealt with as a small claim and what value can go into the fast track system, changed in 2021. I haven't really followed what those changes are, but any experiences you read from prior to that may no longer be relevant. Evan prior to the changes, there needed to be an element of personal injury, you can't use that system for property claims alone.
Good luck and hope you recover soon.

Engage solicitors, follow their advice, keep all receipts.

You're entitled to compensation for damage to your property (bike, clothing, helmet etc), expenses, loss of earnings, and injuries.

This is your right, and don't be embarrassed to claim it.

Without professional legal help, the other party and/or their insurers, can and probably will do their very best to avoid paying up.

Camera discussion has been removed.

I hope the OP comes back.

Personal anecdote but no win no fee was far less stressful, quicker and seemed to be much more genned up than any local solicitors.
Have no experience of cycling specific solicitors but they are also going to be taking a wedge, they aren't doing it for free are they? Both routes have a financial gain to be made being your representative.
Go with the one you FEEL supports YOU the most.
best of luck

I've been reminded of this thread by another request for legal advice. I fancy this one was a wind-up.

thirdcrank wrote: ↑8 Nov 2023, 5:33pm I hope the OP comes back.

Perhaps this forum scares normal people?

cycle tramp wrote: ↑10 Dec 2023, 3:32pm

thirdcrank wrote: ↑8 Nov 2023, 5:33pm I hope the OP comes back.

Perhaps this forum scares normal people?

I really do hope that that's not the case but why would anybody post on here in the first place if it were so?

thirdcrank wrote: ↑10 Dec 2023, 3:48pm

cycle tramp wrote: ↑10 Dec 2023, 3:32pm

thirdcrank wrote: ↑8 Nov 2023, 5:33pm I hope the OP comes back.

Perhaps this forum scares normal people?

I really do hope that that's not the case but why would anybody post on here in the first place if it were so?

An insurance company might be interested in drumming up trade or in cyclists' perceptions.

Jonathan