Cycling legal advice
Discussion
Last June I was unfortunate to get knocked off my road bike by a car which decided to turn right.
I was filtering past traffic on the right hand side and the driver decided he wasn't going to wait in line and decided to turn right.
I hit the side of the car at circa 14mph (data from my Garmin) and ended up in the road, with cuts and bruises and a broken bike.
He admitted it was their fault and his insurance company has been dealing with it since.
I had my bike repaired and physio injuries. I have three main areas of pain, side (ribs), hand and foot.
The insurance company has now made a settlement offer on the claim.
Has anyone had any previous experience on settlement offers and advice on best options?
I was filtering past traffic on the right hand side and the driver decided he wasn't going to wait in line and decided to turn right.
I hit the side of the car at circa 14mph (data from my Garmin) and ended up in the road, with cuts and bruises and a broken bike.
He admitted it was their fault and his insurance company has been dealing with it since.
I had my bike repaired and physio injuries. I have three main areas of pain, side (ribs), hand and foot.
The insurance company has now made a settlement offer on the claim.
Has anyone had any previous experience on settlement offers and advice on best options?
When I got knocked off my bike I had a similar initial experience. There was no denial of fault by the driver's insurer and they started to talk about compensating me. Then they started down the road of chopping away at my evidence-based (receipts, etc) valuation of my losses, trying to write down the amount of any claim for "fair wear and tear" instead of on the basis of "cost to replace".
I'd started off wanting about £1500 for my bike, helmet, clothing and tech. I wasn't going to pursue an injury claim, I just wanted to walk away from the incident without losing out financially. They wouldn't play ball, and advised I get a solicitor. So I did. And in the end my claim amounted to over £14,000 in my pocket AFTER the solicitor had taken his commission. Oh, and they also paid the bill directly for the physiotherapy I got in addition to what the NHS provides. And to think, they could have simply written out a cheque for £1500 in return for me signing to say I wouldn't pursue them down the line.
So yeah, I'd think seriously about getting legal advice about this. It may well be that the no win, no fee mob won't be interested, if any payout wouldn't cover their costs. But it's worth asking a few firms at least.
Most of all, take absolutely no notice of anyone telling you that "compensation culture" is "ruining society". It's not. What ruins people's lives, though, is Muppets that screw up on the roads, and who then fail to accept responsibility for putting right the wrongs that they themselves caused. You'll either get an offer to settle, or they'll fight you and it'll be up to a court to settle things. Either way, you aren't in control of the payout. Best case? You get a generous offer of settlement that you're only too delighted to accept. Worst case? It goes to (civil) court and for some reason there's no settlement, or the award of damages will be disappointingly low. Most cases it's somewhere between the two extremes, but having a solicitor on board to a) value your claim, b) manage your expectations, and c) advise you to accept a realistic settlement, will (should, at any rate) stand you in good stead.
Above all else, though, be totally transparent and honest about the extent of injuries, how much they affect you day to day, and the value of material things damaged or in need of replacement. And good luck.
I used 'BikeLawyer' for my claim. They specialise in motorcycle claims work, but were moving into cycling claims they took on my case. They were recommended to me at the time, and it was this chap... https://www.bikelawyer.co.uk/site/people/profile/r... ...who handled my case. He was a trainee solicitor back then, but despite my initial misgivings he guided me through it all brilliantly, always gave good advice, wasn't afraid to say that he needed advice from a senior colleague, and he always kept my expectations realistic. I'd happily recommend him to you if you decide to go down that road.
I'd started off wanting about £1500 for my bike, helmet, clothing and tech. I wasn't going to pursue an injury claim, I just wanted to walk away from the incident without losing out financially. They wouldn't play ball, and advised I get a solicitor. So I did. And in the end my claim amounted to over £14,000 in my pocket AFTER the solicitor had taken his commission. Oh, and they also paid the bill directly for the physiotherapy I got in addition to what the NHS provides. And to think, they could have simply written out a cheque for £1500 in return for me signing to say I wouldn't pursue them down the line.
So yeah, I'd think seriously about getting legal advice about this. It may well be that the no win, no fee mob won't be interested, if any payout wouldn't cover their costs. But it's worth asking a few firms at least.
Most of all, take absolutely no notice of anyone telling you that "compensation culture" is "ruining society". It's not. What ruins people's lives, though, is Muppets that screw up on the roads, and who then fail to accept responsibility for putting right the wrongs that they themselves caused. You'll either get an offer to settle, or they'll fight you and it'll be up to a court to settle things. Either way, you aren't in control of the payout. Best case? You get a generous offer of settlement that you're only too delighted to accept. Worst case? It goes to (civil) court and for some reason there's no settlement, or the award of damages will be disappointingly low. Most cases it's somewhere between the two extremes, but having a solicitor on board to a) value your claim, b) manage your expectations, and c) advise you to accept a realistic settlement, will (should, at any rate) stand you in good stead.
Above all else, though, be totally transparent and honest about the extent of injuries, how much they affect you day to day, and the value of material things damaged or in need of replacement. And good luck.
I used 'BikeLawyer' for my claim. They specialise in motorcycle claims work, but were moving into cycling claims they took on my case. They were recommended to me at the time, and it was this chap... https://www.bikelawyer.co.uk/site/people/profile/r... ...who handled my case. He was a trainee solicitor back then, but despite my initial misgivings he guided me through it all brilliantly, always gave good advice, wasn't afraid to say that he needed advice from a senior colleague, and he always kept my expectations realistic. I'd happily recommend him to you if you decide to go down that road.
IJWS15 said:
As any settlement will be "full and final" talk to a solicitor.
I will talk to a solicitor. However there are ways of bringing a solicitor on e.g. pay v no win no fee.Does anyone have any recommendations of good solicitors who are cycling focused?
Any other learnings from those who've been done a similar journey?
Thanks.
yellowjack said:
When I got knocked off my bike I had a similar initial experience. There was no denial of fault by the driver's insurer and they started to talk about compensating me. Then they started down the road of chopping away at my evidence-based (receipts, etc) valuation of my losses, trying to write down the amount of any claim for "fair wear and tear" instead of on the basis of "cost to replace".
I'd started off wanting about £1500 for my bike, helmet, clothing and tech. I wasn't going to pursue an injury claim, I just wanted to walk away from the incident without losing out financially. They wouldn't play ball, and advised I get a solicitor. So I did. And in the end my claim amounted to over £14,000 in my pocket AFTER the solicitor had taken his commission. Oh, and they also paid the bill directly for the physiotherapy I got in addition to what the NHS provides. And to think, they could have simply written out a cheque for £1500 in return for me signing to say I wouldn't pursue them down the line.
So yeah, I'd think seriously about getting legal advice about this. It may well be that the no win, no fee mob won't be interested, if any payout wouldn't cover their costs. But it's worth asking a few firms at least.
Most of all, take absolutely no notice of anyone telling you that "compensation culture" is "ruining society". It's not. What ruins people's lives, though, is Muppets that screw up on the roads, and who then fail to accept responsibility for putting right the wrongs that they themselves caused. You'll either get an offer to settle, or they'll fight you and it'll be up to a court to settle things. Either way, you aren't in control of the payout. Best case? You get a generous offer of settlement that you're only too delighted to accept. Worst case? It goes to (civil) court and for some reason there's no settlement, or the award of damages will be disappointingly low. Most cases it's somewhere between the two extremes, but having a solicitor on board to a) value your claim, b) manage your expectations, and c) advise you to accept a realistic settlement, will (should, at any rate) stand you in good stead.
Above all else, though, be totally transparent and honest about the extent of injuries, how much they affect you day to day, and the value of material things damaged or in need of replacement. And good luck.
I used 'BikeLawyer' for my claim. They specialise in motorcycle claims work, but were moving into cycling claims they took on my case. They were recommended to me at the time, and it was this chap... https://www.bikelawyer.co.uk/site/people/profile/r... ...who handled my case. He was a trainee solicitor back then, but despite my initial misgivings he guided me through it all brilliantly, always gave good advice, wasn't afraid to say that he needed advice from a senior colleague, and he always kept my expectations realistic. I'd happily recommend him to you if you decide to go down that road.
yellowjack, thanks appreciate the info, very useful. I'd started off wanting about £1500 for my bike, helmet, clothing and tech. I wasn't going to pursue an injury claim, I just wanted to walk away from the incident without losing out financially. They wouldn't play ball, and advised I get a solicitor. So I did. And in the end my claim amounted to over £14,000 in my pocket AFTER the solicitor had taken his commission. Oh, and they also paid the bill directly for the physiotherapy I got in addition to what the NHS provides. And to think, they could have simply written out a cheque for £1500 in return for me signing to say I wouldn't pursue them down the line.
So yeah, I'd think seriously about getting legal advice about this. It may well be that the no win, no fee mob won't be interested, if any payout wouldn't cover their costs. But it's worth asking a few firms at least.
Most of all, take absolutely no notice of anyone telling you that "compensation culture" is "ruining society". It's not. What ruins people's lives, though, is Muppets that screw up on the roads, and who then fail to accept responsibility for putting right the wrongs that they themselves caused. You'll either get an offer to settle, or they'll fight you and it'll be up to a court to settle things. Either way, you aren't in control of the payout. Best case? You get a generous offer of settlement that you're only too delighted to accept. Worst case? It goes to (civil) court and for some reason there's no settlement, or the award of damages will be disappointingly low. Most cases it's somewhere between the two extremes, but having a solicitor on board to a) value your claim, b) manage your expectations, and c) advise you to accept a realistic settlement, will (should, at any rate) stand you in good stead.
Above all else, though, be totally transparent and honest about the extent of injuries, how much they affect you day to day, and the value of material things damaged or in need of replacement. And good luck.
I used 'BikeLawyer' for my claim. They specialise in motorcycle claims work, but were moving into cycling claims they took on my case. They were recommended to me at the time, and it was this chap... https://www.bikelawyer.co.uk/site/people/profile/r... ...who handled my case. He was a trainee solicitor back then, but despite my initial misgivings he guided me through it all brilliantly, always gave good advice, wasn't afraid to say that he needed advice from a senior colleague, and he always kept my expectations realistic. I'd happily recommend him to you if you decide to go down that road.
I'm no expert on the matter but if you look on the British Cycling website there seems to be a fair bit on there about it
https://www.britishcycling.org.uk/legalsupport
https://www.britishcycling.org.uk/legalsupport
Are you not a bit late to be using a solicitor now? Especially if they've already offered a settlement figure? Does their offer cover all your losses or do you feel its a bit low? And are you still having treatment or being affected by your injuries? British Cycling use Leigh Day solicitors I believe, so that's probably a good place to start as they deal with this sort of stuff all the time.
I was hit by a motorist using thier phone at a roundabout, fractured pelvis, broken thumb, dislocated shoulder…. they drove off, albeit after getting out and checking on me, but the car was on dodgy plates so I had to go through the Motor insurance Bureau but as I has British Cycling membership, they passed it to Leigh Day who were excellent in every way. I got well compensated, similar to Yellowjack.
What’s the issue, the value of the payout or your concern of long lasting injuries? FWIW my thumb still give me issues in cold weather five years later and will always feel a bit “notchy” (like it needs regreasing!) but that’s what happens when you get old and break bones.
What’s the issue, the value of the payout or your concern of long lasting injuries? FWIW my thumb still give me issues in cold weather five years later and will always feel a bit “notchy” (like it needs regreasing!) but that’s what happens when you get old and break bones.
Jamescrs said:
I'm no expert on the matter but if you look on the British Cycling website there seems to be a fair bit on there about it
https://www.britishcycling.org.uk/legalsupport
I am always amazed at the amount of cyclists with no cover. Spend a fortune on the bike & kit but won't spend a few quid on British Cycling membership. https://www.britishcycling.org.uk/legalsupport
I had an accident in 2020 where a HGV pulled out on me, a ditch saved me from serious injury but there was damage to my bike and kit, Leigh Day through my BC membership sorted everything out with minimal stress even though it was the height of COVID lockdown. Cycling UK (the old CTC) provide legal cover with there membership which is only £48 and I've heard good reports about that as well.
tr7v8 said:
I am always amazed at the amount of cyclists with no cover. Spend a fortune on the bike & kit but won't spend a few quid on British Cycling membership.
But what do you get?Contents insurance usually covers for third party, and if you have a solid case just go no win no fee . . .
pablo said:
What’s the issue, the value of the payout or your concern of long lasting injuries? FWIW my thumb still give me issues in cold weather five years later and will always feel a bit “notchy” (like it needs regreasing!) but that’s what happens when you get old and break bones.
Bit of both. Firstly I want to ensure I recover longer term.
I still haven't recovered so want to ensure I don't sell myself short. My hand goes numb when cycling so want to get the necessary treatment.
The first settlement offer is going to be an opening offer and I don't have a benchmark to understand what is reasonable.
Hence why I'm asking for others advise.
Appreciate all the inputs.
g7jhp said:
Bit of both.
Firstly I want to ensure I recover longer term.
I still haven't recovered so want to ensure I don't sell myself short. My hand goes numb when cycling so want to get the necessary treatment.
The first settlement offer is going to be an opening offer and I don't have a benchmark to understand what is reasonable.
Hence why I'm asking for others advise.
Appreciate all the inputs.
From my first offer we negotiated up several times, I was pretty sure I was offered the option to either a take it now option or a interim settlement and then open to further changes. Certainly friends who have had much more serious injuries have had ongoing claims. But I certainly wouldn't accept the first offer we threatened to go to court over the cost of replacing my helmet, ok it's only a small thing but it was 12 month old £200 helmet and it's a point of principleFirstly I want to ensure I recover longer term.
I still haven't recovered so want to ensure I don't sell myself short. My hand goes numb when cycling so want to get the necessary treatment.
The first settlement offer is going to be an opening offer and I don't have a benchmark to understand what is reasonable.
Hence why I'm asking for others advise.
Appreciate all the inputs.
g7jhp said:
Bit of both.
Firstly I want to ensure I recover longer term.
I still haven't recovered so want to ensure I don't sell myself short. My hand goes numb when cycling so want to get the necessary treatment.
The first settlement offer is going to be an opening offer and I don't have a benchmark to understand what is reasonable.
Hence why I'm asking for others advise.
Appreciate all the inputs.
Sounds reasonable, as I said, as we get older, bones and things don’t heal as well as they should, I have issues rotating my thumb which I just have to live with despite surgery. I agree you shouldn’t sell yourself short but be realistic about what can be done, for example, to your hand. It may be new bars, tape and gloves reduce the numbing? It’s hard to see how surgery will help.Firstly I want to ensure I recover longer term.
I still haven't recovered so want to ensure I don't sell myself short. My hand goes numb when cycling so want to get the necessary treatment.
The first settlement offer is going to be an opening offer and I don't have a benchmark to understand what is reasonable.
Hence why I'm asking for others advise.
Appreciate all the inputs.
Based on your description of events, you shouldn’t be accepting for less than £15k plus the value of the bike
g7jhp said:
Bit of both.
Firstly I want to ensure I recover longer term.
I still haven't recovered so want to ensure I don't sell myself short. My hand goes numb when cycling so want to get the necessary treatment.
The first settlement offer is going to be an opening offer and I don't have a benchmark to understand what is reasonable.
Hence why I'm asking for others advise.
Appreciate all the inputs.
Probably worth checking that your hand goes numb because of the injury and not because of the new bike. Numb hands is a fairly common issue with bikes that aren't set up correctly for the rider.Firstly I want to ensure I recover longer term.
I still haven't recovered so want to ensure I don't sell myself short. My hand goes numb when cycling so want to get the necessary treatment.
The first settlement offer is going to be an opening offer and I don't have a benchmark to understand what is reasonable.
Hence why I'm asking for others advise.
Appreciate all the inputs.
AyBee said:
Probably worth checking that your hand goes numb because of the injury and not because of the new bike. Numb hands is a fairly common issue with bikes that aren't set up correctly for the rider.
I've done that and had it recognised. I'd been doing 100 milers before with no issues.z4RRSchris said:
Thanks got in touch with British Cycling and they passed on to LeighDay. Gassing Station | Pedal Powered | Top of Page | What's New | My Stuff