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Crash compensation

Hi,

 

I was involved in a nasty crash after a collision with a car door. Bike is a mess and spent 8 hours in hospital.

 

Those of you who've suffered similar accidents, any advice about claiming for a new bike, personal injury etc? I've never needed to do this before thankfully, so am a bit unsure of the process.

 

Thanks.

If you're new please join in and if you have questions pop them below and the forum regulars will answer as best we can.

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18 comments

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Dan S | 8 years ago
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As a general rule, I would say that if you were just dealing with a broken bike then by all means do it yourself, since it should just be a matter of getting the receipts and the insurance company paying them.  Personal injury (whether head injury as referred to by Rapha Nadal or otherwise) is probably best going to a solicitor for, because ensuring that you get the right payment for injury is a bit more complicated than just replacing/repairing damage.

 

Good luck!

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drosco | 8 years ago
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Again, thanks alot for the advice guys. Will go with a solicitor I think, all things considered. Your help has been invaluable.

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nadsta | 8 years ago
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GWS mate. Haven't read all replies but I'm about to receive a net £7.5k payout on top of a  £5k private operation, neither of which I'd  have received had I not instructed a solicitor who arranged a court and finally put the insurers under pressure. And this was after liability was admitted at the scene. I used Slater & Gordon in London.  Total payout over £20k afaik. FYI Solicitor costs were £2.5k. Dealing direct with insurance company resulted in minor offers continent on the settlement being final. Do not accept, get a solicitor. Leigh Day who BC use have also been recommended. 

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Rapha Nadal | 8 years ago
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Do it yourself as solicitors do nothing but slow up the process.

A car pulled out in front of me a few years ago; over the bonnet I went and face first into the edge of the nearby curb.  Woke up wrapped in a space blanket surrounded by flashing lights and off to hospital I went for cleaning, scanning, and stitching.

I think the police gave me the guys insurance details, called them up, got the bike shop to check out my split in 6 places bike and they did me an estimate.  Aviva settled c£6,000 in a week.

Went after personal injury which ran smoothly until Aviva finally read the medical report and saw head trauma and told me they can't proceed with anything until I get a solicitor involved (I chose him, they paid him).  Cue the whole process grinding to a near halt and slowing right up as the solictor had so  much else on his plate.  Took the fucker a year to get settlement out of Aviva!

As long as you're not seriously injured then you can save so much time by doing everything by yourself.  it's not hard, just takes a few phone calls really.

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mike the bike replied to Rapha Nadal | 8 years ago
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Rapha Nadal wrote:

..... Went after personal injury which ran smoothly until Aviva finally read the medical report and saw head trauma and told me they can't proceed with anything until I get a solicitor involved (I chose him, they paid him).  Cue the whole process grinding to a near halt and slowing right up as the solictor had so  much else on his plate.  Took the fucker a year to get settlement out of Aviva! ..... 

 

My guess is they refused to deal with you in case your head injury prevented you making sensible, considered decisions.  They wouldn't want to be accused of taking advantage of an injured complainant.  They were probably right to do so.

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Rapha Nadal replied to mike the bike | 8 years ago
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mike the bike wrote:

Rapha Nadal wrote:

..... Went after personal injury which ran smoothly until Aviva finally read the medical report and saw head trauma and told me they can't proceed with anything until I get a solicitor involved (I chose him, they paid him).  Cue the whole process grinding to a near halt and slowing right up as the solictor had so  much else on his plate.  Took the fucker a year to get settlement out of Aviva! ..... 

 

My guess is they refused to deal with you in case your head injury prevented you making sensible, considered decisions.  They wouldn't want to be accused of taking advantage of an injured complainant.  They were probably right to do so.

I didn't query the reason why in all fairness but they said it's standard procedure.  Whilst I work in insurance, I don't work in claims so just took their word for it!

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Lbdn123 replied to Rapha Nadal | 8 years ago
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Rapha Nadal wrote:

mike the bike wrote:

Rapha Nadal wrote:

..... Went after personal injury which ran smoothly until Aviva finally read the medical report and saw head trauma and told me they can't proceed with anything until I get a solicitor involved (I chose him, they paid him).  Cue the whole process grinding to a near halt and slowing right up as the solictor had so  much else on his plate.  Took the fucker a year to get settlement out of Aviva! ..... 

 

My guess is they refused to deal with you in case your head injury prevented you making sensible, considered decisions.  They wouldn't want to be accused of taking advantage of an injured complainant.  They were probably right to do so.

I didn't query the reason why in all fairness but they said it's standard procedure.  Whilst I work in insurance, I don't work in claims so just took their word for it!

 

You tend to find that insurers will deal if its soft tissue injuries only. Head injuries have potential for complications/future losses so realistically the injured party needs to be represented by solicitors.

 

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chrisl | 8 years ago
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Nothing to add really - lots of good advice here, but good luck with it and have patience. My car door incident finaly paid out this summer, three and a half years after the event. I had to get a new bike almost straight away as I needed it for travel, and couldn't afford to wait for the money to get through.

Things that slowed mine down were the police losing all record of the event (not very helpful!) and no witnesses. I was dealing with a hire car and so I assume a room full of Europcar lawyers who challenged everything. Having lots of receipts and damage photos was very useful.

Hope you mend well and are back cycling soon,

Christine

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drosco replied to chrisl | 8 years ago
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chrisl wrote:

Nothing to add really - lots of good advice here, but good luck with it and have patience. My car door incident finaly paid out this summer, three and a half years after the event. I had to get a new bike almost straight away as I needed it for travel, and couldn't afford to wait for the money to get through.

Things that slowed mine down were the police losing all record of the event (not very helpful!) and no witnesses. I was dealing with a hire car and so I assume a room full of Europcar lawyers who challenged everything. Having lots of receipts and damage photos was very useful.

Hope you mend well and are back cycling soon,

Christine

 

Hi Christine,

 

Many thanks. 

 

I think I'm saved here by the car taking down 2 friends also, so plenty of witnesses and I suspect from the police update that the driver will not contest the version of events. Here's hoping.

 

Cheers.

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Redvee | 8 years ago
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As others haver said, get in touch with a solicitor asap, my accident 10+years ago was dealt with by Bikeline aka Alyson France.

Keep any receipts, bus tickets etc you spend money on you feel can be attributed to the accident. Getting the bus to/from work instead of cycling. When getting the report on the damage to your bike, make sure you get a receipt for the monies paid out. Basically all out of pocket expenses resulting from the crash need to be claimed for so the insurance puts you back into the position you were before the crash. Sometimes a claim can drag on for yours cause of the injuries, although they may heal quite soon there could be long term issues.

The above is all advice you'll be given and more by the solicitor when you contact them.

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drosco | 8 years ago
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Cheers guys.

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AKH | 8 years ago
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Good luck and a speedy recovery. Just wanted to add that from my own experience it'll take many months to settle any personal injury claim. You might get something for the bike sooner, but I didn't get any payment for my injuries until all treatment was complete. If that involves physio and healing time you're quite possibly looking at 6 months plus.

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drosco | 8 years ago
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Again, many thanks all, this is really really helpful.

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Chez_worldwide | 8 years ago
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Get your bike shop/ supplier to give you a written quote of the damage/ cost to repair. You can then present this to the insurance company. Should help speed things up.

When I got hit from behind my Carbon frame was snapped, rear derailleur knackered, rh shifter scuffed. Bike shop basically said it was cheaper to get a new bike- insurance company paid up in full- I bought a new bike and managed to salvage several bits from the smashed one.

Incidentally, I used Leigh Day and they were fine, although I had witnesses which no doubt helped the process along. 

 

*edit spelling.

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fenix | 8 years ago
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Also http://www.bikeline.co.uk/ - they've done good work for pals in the past. 

 

I'd be wary of dealing with insurance companies direct - I don't trust them. Make a note of all of your injuries - photos of everything - all the scratches - all the bruises - all the damaged clothes too. 

 

Heal well.

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drosco | 8 years ago
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Thanks guys, most helpful.

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1tal | 8 years ago
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I can recommend Winn Solicitors, I've uesed the 3 times for cycling accidents with good results. I'm uesing British Cycling Solicitors (Leigh Day) at the moment and they are dredfull.

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The _Kaner | 8 years ago
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Get in contact with the car drivers insurance, initially.

See what they are willing to offer in way of compensation for bike/clothing damage etc.

Or if their response is not satisfactory and/or for physical injury then find a reputable (no win/no fee) incident/injury specialist lawyer.

 

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