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how to get compensation from a negligent driver

Posted: 12 Oct 2014, 8:36pm
by JenniferA
Hello all,

My brother and I both love cycling. But last month he was hit by a truck and received serious head and back injuries. Does anyone know how and if we get can compensation from this driver or the company?

Thanks

Jennifer

Re: how to get compensation from a negligent driver

Posted: 12 Oct 2014, 8:46pm
by gaz
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Re: how to get compensation from a negligent driver

Posted: 12 Oct 2014, 9:30pm
by c53204
Agree.... Seek legal advice. Are the Police taking taking action against the driver? If so it should make your damages case easier.

Re: how to get compensation from a negligent driver

Posted: 12 Oct 2014, 9:49pm
by eileithyia
Hopefully you have the driver details and company etc., police attended the scene and have details. First and foremost get yourselves a solicitor either via CTC membership, membership of a union/professional organisation, or your household insurance. Failing all this there are plenty of solicitors who specialise in these type of cases specific to cyclists.

Check out other topics giving accident advise. My usual advise after getting a solicitor is; Keep diary, injuries, pain, time in hospital, discharge dates, physio etc., remember pain and suffering, how long medciation was taken for, physical ability to do simple jobs; dressing, personal hygiene, shopping and cooking, travel. In 2-3 years you will not remember the time frame of when you could or could not do specific things. Also keep all receipts / costs of hospital car parking, bus / taxi travel, mileage for relatives giving you lifts etc., all the journeys you would not normally have undertaken had you not had the accident, plus any journeys you would normally have undertaken by bike but now have to do by other means of transport. Remember you can include damaged clothing in your costs. Solicitor will advise you on this, but remember employer liability will also need to be claimed for ie if wages are paid during sick time, these monies need to be reclaimed on behalf of your employer.

Be prepared that this may take some time to be settled, it is often not a quick fix esp with serious injuries and personally I feel it is not worth a quick settlement, you need to know you are as recovered as you are likely to be and that can take up to 2 years anyway.. if still have some issues at the end of this time then if it unlikely to improve much after this. Remember compensation is a one off payment and cannot be revisited (usually) so you need to know you are being compensated for where you are and any likely future deterioration in condition... which will be advised on by medical specialists.

And best wishes for full and complete recovery.

Re: how to get compensation from a negligent driver

Posted: 21 Oct 2014, 4:21pm
by JenniferA
Thank you all for your comments.. I will get the details together

Re: how to get compensation from a negligent driver

Posted: 21 Oct 2014, 4:22pm
by JenniferA
Thanks.. your advice has been very useful :)

eileithyia wrote:Hopefully you have the driver details and company etc., police attended the scene and have details. First and foremost get yourselves a solicitor either via CTC membership, membership of a union/professional organisation, or your household insurance. Failing all this there are plenty of solicitors who specialise in these type of cases specific to cyclists.

Check out other topics giving accident advise. My usual advise after getting a solicitor is; Keep diary, injuries, pain, time in hospital, discharge dates, physio etc., remember pain and suffering, how long medciation was taken for, physical ability to do simple jobs; dressing, personal hygiene, shopping and cooking, travel. In 2-3 years you will not remember the time frame of when you could or could not do specific things. Also keep all receipts / costs of hospital car parking, bus / taxi travel, mileage for relatives giving you lifts etc., all the journeys you would not normally have undertaken had you not had the accident, plus any journeys you would normally have undertaken by bike but now have to do by other means of transport. Remember you can include damaged clothing in your costs. Solicitor will advise you on this, but remember employer liability will also need to be claimed for ie if wages are paid during sick time, these monies need to be reclaimed on behalf of your employer.

Be prepared that this may take some time to be settled, it is often not a quick fix esp with serious injuries and personally I feel it is not worth a quick settlement, you need to know you are as recovered as you are likely to be and that can take up to 2 years anyway.. if still have some issues at the end of this time then if it unlikely to improve much after this. Remember compensation is a one off payment and cannot be revisited (usually) so you need to know you are being compensated for where you are and any likely future deterioration in condition... which will be advised on by medical specialists.

And best wishes for full and complete recovery.