Personal Injury

[andyc128212]

Hello,

I am hoping for a little bit of guidance, I was hit by a car last week whilst cycling. Long story short, driver has accepted fault, police were involved, witnesses gave info. I have been left with stitches in my upper lip, a lot of deep cuts and road rash, dental issues and a bad shoulder, and bike damage (but I’m still here).

I have been given two pieces of advice. One was from a friend whose wife worked in insurance. She said to claim direct with the insurer and not to use a solicitor as the insurer will offer the maximum possible with no quibbling and its faster. Other people have told me to definitely get a solicitor involved to make sure I’m looked after properly.

This hasn’t happened to me before. Googling hasn’t helped, is there a rule of thumb that one approach is better than the other? Thanks for any suggestions,

[des8]

First thing to do is write to the driver, confirm the details of the incident and tell him you hold him liable for all your losses which you will quantify in due course. Instruct him to advise his insurers.

They should then contact you.

Do not give them a final figure to work on at this stage.
You can advise them of the cost of bike repairs, but at this stage you won't know the extra cost of fares involved because of the lack of bicycle.
If the accident involved damage to clothing that needs to be included, as well as the cost of replacing your helmet following the accident
There will also be the cost of dental repairs.
You don't know how long your injuries will take to heal, or if there will be lasting damage (especially for the shoulder damage) so that cost can't yet be quantified.
However ask for an interim payment to cover bike repairs etc, and if they demur point out that the claim amount will increase to cover fares etc incurred whilst the bike is off road unrepaired

The insurers (depending on who they are and whether or not they outsource their claims) will want to settle quickly, but this tends to work against the injured party.
Keep them waiting, and research personal injury awards under the Judicial College Guidelines.


or use a solicitor!

[andyc128212]

Hello,

Thanks for your reply, all very helpful information, as it stands I have decided to engage a solicitor. I have a brother in law who is a partner in a solicitor firm. Personal injury isn’t his forte but he has a colleague who knows this well and I think I’ll go with her. They will be kind to me in terms of cost, but also now it’s complicated. Firstly because I had my teeth looked at by NHS, they say it mostly likely needs extraction (front tooth), plus I just called her insurance and they won’t talk to me. I know the drivers Reg no., policy no., car make etc but they won’t talk to me unless I have the drivers name and address for security questions. I have requested this from the police but that seems to me like a deliberate way to delay me. Also, I gave my phone number and address days ago, they say they have none of that information which can’t be right. I was expecting a call back days ago.

I doubt the police will give me her address. I think based on the fact I may need an implant in my front teeth (dentist told me this is a possibility), that will need to be factored in because those can need re-doing later in life. I think I’ll go the solicitor route…

All very depressing, thankyou though

[des8]

I think you have made a wise decision viewing the possible complications.
Just don't be rushed into agreeing a settlement, as although I wish you a speedy recovery, some injuries take longer to settle than expected

[andyc128212]

Thanks, i intend to make sure I'm covered so let's see how it progresses. Now that the insurer have a statement from their insured and a brief idea of my injuries, they refuse to speak to me! I think I'll let the solicitor do the talking. When I first called they were fine talking to me, mentioned my injuries. Then never heard back, when I called them they now suddenly need me to confirm the policy holders address and full name to discuss it. That cant be right, why would I have access to that information...

[des8]

Well if the insurers are being silly I would normally advise you deal directly with the defendant. It is up to him to get the insurers involved.
However in your case let your solicitor deal with them!

[victorross]

You have made a wise decision to involve a solicitor and let him deal with the other party as he knows well how to deal with them in terms of the law.