Correct compensation?

[Roibeard]

Morning all

Couple of months ago I was knocked off my bike after a car cut across in front of me. I have since had the bike repaired and started physio couple of weeks ago. My injuries sustained as a result of the accident were:-

Pain to both knees.
Lower back pain after exercise.

At the time of accident I had bruising and cuts/grazes to both legs and some on my hands, all have now cleared up.

I am dealing directly with the driver of the car insurance company, I didn't go down the legal route or use a no win/no fee company. The insurance company yesterday offered me £2,900 compensation. They initially had offered me £2,000 prior to any medical or physio. The medical report advised 6/7 sessions of Physiotherapy which the insurance company are also covering. I used to cycle everyday (25km a day) and play football (Twice weekly) both of which I have currently stopped as the day after I would wake up with pain/stiffness in knees/back.

I just wanted to check if people thought this is a fair amount or should I be looking to reject it? I am content with that amount, but I want to make sure they are compensating me correctly.

Thanks in advance

Rob

[chocjohn9]

Rob,
Morning. I suppose the important question to ask yourself is - will there be any long lasting issues as a result of this. If the answer is yes then I wouldn't have thought this amount of money was enough. If not, then it looks reasonable to me. To give you an idea, 5 years ago, I broke a few ribs and as awarded £2500 by the mad car driver's insurance company. That went through a legal process. (and as a side note, he received 7 points which pushed him into being banned from driving)
Hope you feel better soon and get back on the bike!

[531colin]

The bit about lasting effects of your injuries is very relevant.
With life-threatening head/neck injuries the insurance companies delay paying out in the hope that the injured party dies, this is much cheaper for them than supporting the injured party (and/or their family) indefinitely.
A few months from injury to payout is positively indecent haste, as these things go.....you need to get an opinion as to whether your injuries lay you open to
problems in the future, even if its only the "normal" stuff like arthritis.

[Roibeard]

Thanks guys. I will speak to the Physio tomorrow and see what they think re my injuries long term etc.

Thanks again

Rob

[eileithyia]

+1 with considering long term injury affect. You are not currently functioning as you were before the accident, questions to ask, will you be as good or as fit as you were beforehand, and will there be any long term lasting restrictions on the lifestyle you had before you were injured.

Never accept any offers until you are sure the injuries have healed or are as good as they will get, this could take up to 18 months to 2 years. Some of my cases have taken this long to settle and while a couple of friends have winced at the time scale I have personally felt that this was about right ... it certainly took over a year to ensure my shoulder was back to full mobility and I was not getting any lasting pain / difficulties.

Keep a diary of all appts and mobility, pain, restriction to your life style... ie note when you are back fully functioning as a cyclist and football player again or not etc

[NATURAL ANKLING]

Hi,
You have up to three years to claim, but you have already started so no hurry.
I go with every thing that has been saids so far, you dont give your age but this is relevent to lasting damage.

When I landed on my shoulder when hitting the tarmac, my doc says you were lucky as if I was older then there would be permanant damage, there is now and I have lived with it for 20 years

I landed in ITU in 82 and I have suffered for 30 years but only received a years wages compo....................get proffesional help.....................

[thirdcrank]

In a personal injury claim, once liability has been established the next question is "how much?" I believe our learned friends refer to this as the quantum (That's the same thing but Latin is more impressive.) A decent lawyer will give you the answer in terms of the going rate. It includes a lot of things, pain and suffering, the extent of any disability, loss of earning and potential loss of earnings in the longer term. The other side may allege contributory negligence as a way of substantially reducing any payout. I fear that if you do a DIY job, the uncertainty which has led you to post on here will persist and you may eventually regret it, eg a permanent nagging doubt that you could have got more. This must sometimes also be the case with people who instruct a lawyer, but perhaps with less justification.

Afaik, you have three years from the date of the injury to start a claim. If you don't want to be at the mercy of the other side, I'd say see a lawyer specialising in cyclists' personal injury cases. Sooner rather than later.

[Dave W]

Any loss of earnings to claim? Public transport costs etc?

Certain injuries carry different premiums - whiplash for example always used to be a guaranteed £1500 minimum. I'd google it and see what you come up with. However, be careful - there are some absolute rogues in the claims market looking to fleece you.

[eileithyia]

Good advise from 3rdcrank, the other side are experts in paying out minimum they can get away with. There are also safeguards against people who try to get excessive compensation, the barrister in my case had reference book of ballpark figures for specific injuries and long term suffering. Ultimately you need to remember that somewhere on the paperwork it will state that this is a final offer, that there is no comeback if you have future problems so you need to make sure you are right and that the compensation reflects where your final recovery is.....
Again remember if you are having time off work your work contract may also require you to recoup their losses.... which will need to be added on to a final figure..... otherwise if you do not and they find you have claimed compensation they may want their dues from your £2k......

[NATURAL ANKLING]

Hi,
Both of my claims went through a soliciter.
And their cost were on top for insurance to pay.
I dont know the law nowerdays
Find OUT.

[Roibeard]

Again thanks for the feedback everyone.
No loss to earnings but due to not cycling I now take public transport daily which I have a record on my bank statement.

[honesty]

I'd definitely go to a personal injury lawyer. The compensation should pay for the damage to your property, loss of earnings, including future loss (which is the important bit!), out of hand costs caused by the accident and any treatment costs. As people have said there is usually an accepted figure for each type of injury that the industry is working from. The benefit you have here as well is that as the insurance company have already made you and offer they have pretty much accepted liability, so you shouldn't have any problems there.

What you have to ask yourself is, does the insurance offer cover your costs + your out of hand expenses? are you going to have ongoing problems with the injuries that are going to cause you issues later on?

[JohnW]

I've never read the insurance companies bible, but from experience, their first commandment seems to be : "Thou shalt not pay".

You've had expenses - travel to hospital for example - which you wouldn't otherwise have had. Were there any journeys that you normally make on the bike but for which you've had to use public transport? - without records this is difficult to evaluate.

The last time one of "them" hit me and I was off work for a time, I didn't lose earnings but my employer claimed from the enemy. I was also given to understand that the NHS had claimed from him. These last two items weren't included in what I received, and I don't know how much the NHS received, but my employer claimed for three days of my wage and time off for hospital visits, plus overheads and admin costs. The solicitor also received their costs and the fees paid to the medical consultant they employed - and I claimed for public transport costs for making visits to him.

The enemy's insurers are getting this on the cheap..........and you are the one who is, to say the least, inconvenienced.

How long is it going to get back to your pre-prang fitness? - if you played football for a team, have they had any costs due to your absence?

The last prang that I had that I received compensation for was dealt with by the CTC's selected local solicitor. That was about 10 years ago (could be more - it was under the CTC's 'old regime'), and the appointed medical chap thought that my injuries had been such that I should wait for two years for a final examination because once you accept you sign to say that you relinquish your right to come back to the enemy at a later date. I finally received £3000 plus the cost of replacing the bike, but that was 10(ish) years ago, and money was different then. Don't be in too much of a rush to accept that there'll be no long-term effects on you - it takes a long time to be sure.

I don't know the rules, but is it too late to sign-up the CTC's system? I don't know whether this would work, or whether it'd be a good idea, but I'd think about telling the enemy that their offer was an insult and if they didn't increase it, subject to final medical reports, you'll enlist the CTC's legal eagles.

Don't be benevolent or lenient towards this motorist or it's representatives - remember it tried to kill you, and it isn't suffering any discomfort - it probably jokes about you in the pub.

[honesty]

My wife is a personal injury lawyer and i could send you her firms details if youre interested. Obviously she cant give advice on this forum because of legal practices etc. but she suggests getting a lawyer as you may not be considering ongoing affects of the accident (my words not hers).

[Roibeard]

I've decided it's best to complete the Physio sessions before accepting any compensation. After my medical the Dr advised 6 sessions. I have had 3. Talking to the Phsyio they seem to suggest I may need more for my knee.

Thanks to all for your advise. I am also going to look in going down the legal route, mainly cause the driver of the car, apart from a scratch along the side of his new merc, gets away with it if I don't (no points etc). That seems wrong as he was 100% at fault.

Cheers again

Rob