Claiming after accident
Discussion
Wife was knocked off her road bike last weekend. Xrays show her arm is broken, and a wrist fracture too, her right side is one monster bruise the likes of which I've never seen before, her bike is ****ed, fit bit damaged, helmet cracked (than GOD wearing it). Emotions are high too, fair enough.
She's healing but it'll take a some painful months I reckon. She's housebound now wont be able to drive for a good few weeks Doc reckons.
I dont want to get all USA about this, but assume she's entitled to claim against the motorist?
He admitted liability quickly enough... 'my A pillar blocked my view' (ie wasnt bloody looking).
I have the incident crime number, pls the driver's insurance details
She's healing but it'll take a some painful months I reckon. She's housebound now wont be able to drive for a good few weeks Doc reckons.
I dont want to get all USA about this, but assume she's entitled to claim against the motorist?
He admitted liability quickly enough... 'my A pillar blocked my view' (ie wasnt bloody looking).
I have the incident crime number, pls the driver's insurance details
I had a good experience speaking to the driver's insurance company direct, all resolved quite quickly. That was for bike and equipment only though as I wasn't significantly injured. I just got a bike shop to estimate the cost of putting everything right. The sum I got was that less a bit for depreciation, but I didn't negotiate and try to maximise the payout.
Alternatively, as the driver has admitted liability, as long as they maintain that view you can use Leigh Day (I think that's the outfit that British Cycling use) or some other law firm without fee regardless of your insurance status, they'll just claim costs against the other party.
I had British Cycling cover, but it didn't make any difference really without the injury or need to fight a corner in my case so I didn't bother. I took the view that needlessly inflating the claim with legal fees didn't serve any positive purpose.
Alternatively, as the driver has admitted liability, as long as they maintain that view you can use Leigh Day (I think that's the outfit that British Cycling use) or some other law firm without fee regardless of your insurance status, they'll just claim costs against the other party.
I had British Cycling cover, but it didn't make any difference really without the injury or need to fight a corner in my case so I didn't bother. I took the view that needlessly inflating the claim with legal fees didn't serve any positive purpose.
There is nothing USA about it - claim. Why shouldn't your wife be financially compensated for the months of pain?
Personally I felt like I didn't get a good result going direct. I would get someone involved who does it day in and day out. I read on here about someone associated with British Cycling. I'd probably go with them in your position.
Personally I felt like I didn't get a good result going direct. I would get someone involved who does it day in and day out. I read on here about someone associated with British Cycling. I'd probably go with them in your position.
Yes, 25% is generally the norm, unless legal expenses (which may restrict choice of solicitor to some extent) or a multi track case - the latter being one worth in excess of £25k for total losses (I.e. Injuries plus financial losses). Even then, many firms will charge the flat 25%, but some do have a sliding scale whereby the contribution reduces as the sums involved increase.
Below £25k represents a "portal" case where fees are fixed. E.g. could be no more than £800 if the claim settles between the parties.
Nowadays, certain legal costs, including the "success fee", which underpins the "no win, no fee" conditional fee agreement, are not recoverable from the opponent. Neither is any funding related work, which clients have to be advised on. This is why there is generally a contribution to the fees, known as the "shortfall". In 2013, the sum for the injuries was increased by 10% compared to cases predating that where the success fee was recoverable and full compensation guarantees were more likely. The increase was intended to help reduce the burden of the costs contribution on claimants.
Best of luck to your wife with her recovery.
Below £25k represents a "portal" case where fees are fixed. E.g. could be no more than £800 if the claim settles between the parties.
Nowadays, certain legal costs, including the "success fee", which underpins the "no win, no fee" conditional fee agreement, are not recoverable from the opponent. Neither is any funding related work, which clients have to be advised on. This is why there is generally a contribution to the fees, known as the "shortfall". In 2013, the sum for the injuries was increased by 10% compared to cases predating that where the success fee was recoverable and full compensation guarantees were more likely. The increase was intended to help reduce the burden of the costs contribution on claimants.
Best of luck to your wife with her recovery.
Yes, you/your wife can deal direct, but it is not without its potential downsides.
The insurer should be able to offer rehabilitation services via a company they use (e.g. Arrange private physio under the Rehabilitation Code or as part of the claim, if the provision via the nhs is not enough) and arrange for a medical report at their cost (this would be a medico-legal expert specifically instructed to do a report for the claim, not a doctor/consultant involved in the clinical treatment). They will then choose the provider/expert and, whilst the expert's overriding duty is to the court (I.e. They are independent), they may have a preferred expert, whereas a claimant's solicitor may have a different preference.
It really depends on how your wife's recovery progresses. If it is straightforward and she makes a very good recovery, the risk of dealing direct should be significantly decreased. But it will be the insurer leading the process and your wife would not have someone to guide her (in an independent sense) and assess the reasonableness of any settlement offer (but the benefit would be no deduction for unrecoverable legal fees). The injury element would be determined by similar cases and the Judicial College Guidelines and your wife could ask the insurer to explain any valuation. Incurred losses should be easy enough for your wife to keep track of (and should be supported by any medical report), but, if the recovery is more complicated and could give rise to losses in the future (for example, the prognosis is not clear cut, future intervention might be required, degenerative changes could be accelerated) then having a solicitor properly assess things is likely to be beneficial.
The claims process is not just about the money either, it is as much about ensuring the right rehabilitation is accessed to aid the recovery. This is in the insurers interest too, as a better recovery should reflect a lower value claim (notwithstanding the cost of private rehab intervention etc.).
The insurer should be able to offer rehabilitation services via a company they use (e.g. Arrange private physio under the Rehabilitation Code or as part of the claim, if the provision via the nhs is not enough) and arrange for a medical report at their cost (this would be a medico-legal expert specifically instructed to do a report for the claim, not a doctor/consultant involved in the clinical treatment). They will then choose the provider/expert and, whilst the expert's overriding duty is to the court (I.e. They are independent), they may have a preferred expert, whereas a claimant's solicitor may have a different preference.
It really depends on how your wife's recovery progresses. If it is straightforward and she makes a very good recovery, the risk of dealing direct should be significantly decreased. But it will be the insurer leading the process and your wife would not have someone to guide her (in an independent sense) and assess the reasonableness of any settlement offer (but the benefit would be no deduction for unrecoverable legal fees). The injury element would be determined by similar cases and the Judicial College Guidelines and your wife could ask the insurer to explain any valuation. Incurred losses should be easy enough for your wife to keep track of (and should be supported by any medical report), but, if the recovery is more complicated and could give rise to losses in the future (for example, the prognosis is not clear cut, future intervention might be required, degenerative changes could be accelerated) then having a solicitor properly assess things is likely to be beneficial.
The claims process is not just about the money either, it is as much about ensuring the right rehabilitation is accessed to aid the recovery. This is in the insurers interest too, as a better recovery should reflect a lower value claim (notwithstanding the cost of private rehab intervention etc.).
I used these guys years ago and they were very friendly, very helpful and a really nice to deal with.
https://www.cycle-sos.co.uk/
Good luck and your wife makes a speedy recovery.
https://www.cycle-sos.co.uk/
Good luck and your wife makes a speedy recovery.
I have experience in this area from working initially as a Liability claims Handler and then qualifying as a Barrister.
In my experience, the more mud you throw the better. Be aggressive in how you conduct the matter. The reasoning being is that the Insurer will want this matter off their plate, so whatever they offer is probably good for another 5-10% more. The insured has admitted liability, this is good. In dealing with the insurer (apologies if you are beyond this point), make sure you put them on notice that you hold their insured as fully and completely liable for any and all costs associated with her recovery whether quantifiable now or in the future and also that you seek damages over and above costs reasonably incurred for their assureds negligence etc etc. All the matters must be factored in as regards the length and totality of her recovery and the costs etc associated with same. The point is, and to reiterate, tell your solicitors to go in hard from the off. You can always settle further down the line, but you have to make provision for what is currently quantifiable.
In my experience, the more mud you throw the better. Be aggressive in how you conduct the matter. The reasoning being is that the Insurer will want this matter off their plate, so whatever they offer is probably good for another 5-10% more. The insured has admitted liability, this is good. In dealing with the insurer (apologies if you are beyond this point), make sure you put them on notice that you hold their insured as fully and completely liable for any and all costs associated with her recovery whether quantifiable now or in the future and also that you seek damages over and above costs reasonably incurred for their assureds negligence etc etc. All the matters must be factored in as regards the length and totality of her recovery and the costs etc associated with same. The point is, and to reiterate, tell your solicitors to go in hard from the off. You can always settle further down the line, but you have to make provision for what is currently quantifiable.
EdT said:
OP here... Another question on this... the 3rd party insurer steered us to their recommended solicitor to handle the claim & compensation offer.
Now, my conspiracy spidey sense is tingling a little - should I be concered ?
I have worked for a Firm that did this and it seems strange, but it saves costs for the insurer and the Solicitors are obliged to act on your behalf (or your wife's). make sure they don't rush you.Now, my conspiracy spidey sense is tingling a little - should I be concered ?
every injury has a value, according to the JC Guidelines to they use those to value the claim.
if you speak to them and it doesn't feel right, get your own solicitor
Hi she's healing but taking time.
The full list of her injuries:
Radial Head fracture,
Radial Neck Fracture,
Scaphoid Fracture,
Capitate Fracture,
Haematoma on right thigh, still causing pain.
Recurring nightmares now going/gone - also daytime traume whilst driving getting better.
Poor thing - it happened just a couple of days before moving into our dream home - somewhat took the shine off it all
The full list of her injuries:
Radial Head fracture,
Radial Neck Fracture,
Scaphoid Fracture,
Capitate Fracture,
Haematoma on right thigh, still causing pain.
Recurring nightmares now going/gone - also daytime traume whilst driving getting better.
Poor thing - it happened just a couple of days before moving into our dream home - somewhat took the shine off it all
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