Crash compensation - Any advice?

Daz said:

Obviously, their client was fully at fault, so I'm a little puzzled
how they think he's not. Is this just a tactic by them to get me to
accept a lower offer?

IME of insurance companies, almost certainly. If there's any shred of
possible doubt their client isn't at fault they'll go with that as a
first try, and they'll also sit on things as long as they can and
attempt to frustrate you into submission.

Quoted message said:

Should I accept the offer or hold out for the
full amount? And if I hold out for the full amount would it be better
to hire a solicitor to deal with them?

If you've got a witness and/or their client has accepted liability then
definitely go for the full amount, otherwise worth a ponder. Note that
if you do employ a solicitor to deal with it and they do meet your claim
they should meet your expenses too, so you shouldn't be out of pocket.

Quoted message said:

Any advice will be gratefully received,

Might be worth asking the advice of a solicitor. Should be the case
that in the first instance at least this needn't cost you anything, and
if it isn't an ambulance chaser then you ought to get reasonably
impartial advice concerning the whys and wherefores.

Pete.
--
Peter Clinch Medical Physics IT Officer
Tel 44 1382 660111 ext. 33637 Univ. of Dundee, Ninewells Hospital
Fax 44 1382 640177 Dundee DD1 9SY Scotland UK
net [email hidden] http://www.dundee.ac.uk/~pjclinch/

Daz said:

I have today received a letter from the insurance company saying that
whilst they do not think their client was fully at fault, they will
offer me £500.

Standard insurance company ploy. Just accept they are going to do
anything they can to minimise their payout. If you want what's due, be
prepared to slog it out. Are you a CTC member? If so they have a legal
advice line for members. If not join.

Quoted message said:

Obviously, their client was fully at fault, so I'm a little puzzled
how they think he's not. Is this just a tactic by them to get me to
accept a lower offer? Should I accept the offer or hold out for the
full amount? And if I hold out for the full amount would it be better
to hire a solicitor to deal with them? I was hoping I could get it
sorted without a solicitor and I do need it resolving pretty quickly
so I'm unsure as to what to do.

Do you have any independent corroboration of his fault - witnesses,
police report..... They will make life a lot easier for you. Given
they have started with £500 I would suspect they know the position -
they usually start with £0.

Are you sure of your quotes - they are sometimes a bit inflated shall we
say.

Otherwise best bet is to start (or threaten to start a Small Claims
Court action for recovery of your costs) against the driver. The beauty
of this is it is designed as DIY without lawyers and except in
exceptional circumstances you each carry your own costs other than the
Court fees. The cost equation for them is do they concede the £200 or
spend ten times that amount with their lawyers fighting.

The last time I did that I had the satisfaction of not only recovering
my full claim (they conceded a week before the case after months of
every trick in the book delaying and threatening tactics) but it cost
them at least ten times the amount in legal fees.

You can file a claim on-line at
https://www.moneyclaim.gov.uk/csmco2/index.jsp but I would try one round
of letters first.

Daz said:

About a month ago I was involved in a crash whilst cycling to work.
Basically, I was going round a roundabout, and a pickup truck entering
the roundabout didn't see me and drove into the side of me, knocking
me off my bike.

Quoted message said:

I have today received a letter from the insurance company saying that
whilst they do not think their client was fully at fault, they will
offer me £500.

Standard tactics. A Fiesta once totally failed to take a corner and
skidded across the road in front of me, clipping the front corner of the
van I was driving and ending up in a ditch. Their insurance and
solicitors then attempted to put some of the blame on me, despite me
being virtually stationary on my own side of the road at the point of
impact.

Quoted message said:

Obviously, their client was fully at fault, so I'm a little puzzled
how they think he's not. Is this just a tactic by them to get me to
accept a lower offer? Should I accept the offer or hold out for the
full amount? And if I hold out for the full amount would it be better
to hire a solicitor to deal with them? I was hoping I could get it
sorted without a solicitor and I do need it resolving pretty quickly
so I'm unsure as to what to do.

I take it you are not a CTC member? They offer free legal aid for cases
like this if you are a member.

Maybe you should ask the insurance company to explain their reasoning.
My guess is it will be something along the lines of your road
positioning, clothing or lighting status, or having the suicidal
audacity to ride a *pushbike* on the public roads!

--
Mark.
http://tranchant.plus.com/

Daz said:

Hi all,

just thought I'd de-lurk to ask some advice.

Welcome aboard Daz.

Quoted message said:

About a month ago I was involved in a crash whilst cycling to work.
Basically, I was going round a roundabout, and a pickup truck entering
the roundabout didn't see me and drove into the side of me, knocking
me off my bike. Luckily I wasn't seriously injured (few bruises etc.)
but the bike was written off (back wheel mangled, rear mech smashed
and frame bent). I have claimed on the driver's insurance for
compensation to replace the bike. The two quotes I acquired for the
damage both came to about £700 and I sent these to the insurance co.

Despite regarding your injuries as "not serious", you are entitled to
claim /something/ for your injuries as well (pain & suffering + loss of
amenity). I know a cyclist who got £900 for bruising (albeit severe
bruising). Evidence from doctor and photographs would help.

Quoted message said:

I have today received a letter from the insurance company saying that
whilst they do not think their client was fully at fault, they will
offer me £500.

Obviously, their client was fully at fault, so I'm a little puzzled
how they think he's not. Is this just a tactic by them to get me to
accept a lower offer?

Yes.

Quoted message said:

Should I accept the offer or hold out for the
full amount?

You might be able to push them to £600 for the bike (in addition to any
compensation for personal injury). It's old fashion negotiation: meet
half way, etc.

Quoted message said:

And if I hold out for the full amount would it be better
to hire a solicitor to deal with them?

Probably, as they can quote relevant case law, etc.

Quoted message said:

I was hoping I could get it
sorted without a solicitor and I do need it resolving pretty quickly
so I'm unsure as to what to do.

Depends if you absolutely need some money now. Further negotiation might
take a few extra weeks.

~PB

I said:

Despite regarding your injuries as "not serious", you are entitled to
claim /something/ for your injuries as well (pain & suffering + loss
of amenity). I know a cyclist who got £900 for bruising (albeit
severe bruising). Evidence from doctor and photographs would help.

ps. With the case I'm referring to, the amount received from the
insurance company for both personal injury and bike damage was the full
amount claimed after being offered a lower amount first. There were no
witnesses, by the way. Letters from a barrister friend helped though, I
suppose.

~PB

On 22/12/04 12:18 pm, in article [email hidden], "Pete

Biggs said:

I said:

Despite regarding your injuries as "not serious", you are entitled to
claim /something/ for your injuries as well (pain & suffering + loss
of amenity). I know a cyclist who got £900 for bruising (albeit
severe bruising). Evidence from doctor and photographs would help.

ps. With the case I'm referring to, the amount received from the
insurance company for both personal injury and bike damage was the full
amount claimed after being offered a lower amount first. There were no
witnesses, by the way. Letters from a barrister friend helped though, I
suppose.

Is it not the case that the claim is not against the insurance company but
against the individual, who then claims on his insurance.

A solicitor will be able to advise appropriately, but I would have thought
that addressing letters of claim to the perpetrator (who will then pass them
on to the company) would be the way to go. He will get fed up with the
prevarication, and will really not like being taken to the small claims
court (you have no calim against the insuracne company, but against the
perpetrator).

Ignore everything I say and get professional advice. And join the CTC to get
good legal advice in the future.

...d

Mark Tranchant said:

Maybe you should ask the insurance company to explain their reasoning.
My guess is it will be something along the lines of your road
positioning, clothing or lighting status, or having the suicidal
audacity to ride a *pushbike* on the public roads!

Its worth doing for the laughter value alone. We creased ourselves at
the description of how I had jumped of my bike and thrown myself into a
bush as their client was driving past.

Tony

David Martin said:

On 22/12/04 12:18 pm, in article [email hidden], "Pete

Biggs said:

I said:

Despite regarding your injuries as "not serious", you are entitled
to claim /something/ for your injuries as well (pain & suffering +
loss
of amenity). I know a cyclist who got £900 for bruising (albeit
severe bruising). Evidence from doctor and photographs would help.

ps. With the case I'm referring to, the amount received from the
insurance company for both personal injury and bike damage was the
full amount claimed after being offered a lower amount first. There
were no witnesses, by the way. Letters from a barrister friend
helped though, I suppose.

Is it not the case that the claim is not against the insurance
company but against the individual, who then claims on his insurance.

In the above case, negotiations were made between the victim and the
insurance company, direct. There were no further dealings or
communication with the driver at all after legal advice was taken.

Quoted message said:

A solicitor will be able to advise appropriately, but I would have
thought that addressing letters of claim to the perpetrator (who will
then pass them on to the company) would be the way to go.

That may be much slower and less effective.

- - - -
Daz, you should also claim for all expenses: fares, letters, everything.

~PB

Daz said:

I have today received a letter from the insurance company saying that
whilst they do not think their client was fully at fault, they will
offer me £500.

Quoted message said:

Any advice will be gratefully received,

Add 2 grand on for your pain and suffering.

James
--
If I have seen further than others, it is
by treading on the toes of giants.
http://www.ne.jp/asahi/julesandjames/home/

Tony Raven said:

Its worth doing for the laughter value alone. We creased ourselves at
the description of how I had jumped of my bike and thrown myself into a
bush as their client was driving past.

My solicitor read me one of the opposition gambits in one of these cases
a few years ago. Apparently I was doing between 40 and 50 miles an hour
at the time, no mean feat for me on an old tourer, even if it was on a
hill...

Pete.
--
Peter Clinch Medical Physics IT Officer
Tel 44 1382 660111 ext. 33637 Univ. of Dundee, Ninewells Hospital
Fax 44 1382 640177 Dundee DD1 9SY Scotland UK
net [email hidden] http://www.dundee.ac.uk/~pjclinch/

"Daz" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

Hi all,

Quoted message said:

About a month ago I was involved in a crash whilst cycling to work.
Basically, I was going round a roundabout, and a pickup truck entering
the roundabout didn't see me and drove into the side of me, knocking
me off my bike. Luckily I wasn't seriously injured (few bruises etc.)
but the bike was written off (back wheel mangled, rear mech smashed
and frame bent). I have claimed on the driver's insurance for
compensation to replace the bike. The two quotes I acquired for the
damage both came to about £700 and I sent these to the insurance co.

<snip>

You don't have any insurance or are required to have any and you think you
can just go and claim against a motorist who is already paying through the
nose for the "privilege" of driving on the roads. Some people want it all
for nothing.

Quoted message said:

Any advice will be gratefully received,

Stop riding through red lights, you will be killed. Learning how to "give
way" might help.

Lance Armstrong said:

"Daz" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

Hi all,

Quoted message said:

About a month ago I was involved in a crash whilst cycling to work.
Basically, I was going round a roundabout, and a pickup truck entering
the roundabout didn't see me and drove into the side of me, knocking
me off my bike. Luckily I wasn't seriously injured (few bruises etc.)
but the bike was written off (back wheel mangled, rear mech smashed
and frame bent). I have claimed on the driver's insurance for
compensation to replace the bike. The two quotes I acquired for the
damage both came to about £700 and I sent these to the insurance co.

<snip>

You don't have any insurance or are required to have any and you think you
can just go and claim against a motorist who is already paying through the
nose for the "privilege" of driving on the roads. Some people want it all
for nothing.

It is a privilege to drive on the highway; a licence that can be
withdrawn. Fortunately we all have a *right* to use public roads; on
foot, by bike or by horse.

Daz is obviously a bit more clued up than you. If someone's actions
cause him damage he is perfectly within his rights to claim for this;
whether the event took place on the public highway or elsewhere.

Quoted message said:

Quoted message said:

Any advice will be gratefully received,

Stop riding through red lights, you will be killed. Learning how to "give
way" might help.

If you're going to come out from under the bridge, please take the time
to read the post and make your attempt relevant. It was a roundabout.

Lance Armstrong said:

<snip>

You don't have any insurance or are required to have any and you think you
can just go and claim against a motorist who is already paying through the
nose for the "privilege" of driving on the roads. Some people want it all
for nothing.

...and I'd always been prepared to believe Lance wasn't on drugs.

Tony ;-)

Lance Armstrong composed the following ...

Quoted message said:

You don't have any insurance or are required to have any and you think you
can just go and claim against a motorist who is already paying through the
nose for the "privilege" of driving on the roads. Some people want it all
for nothing.

Heheheh. Troll methinks. Albeit a troll of little wit who thinks that 'cos
he has a car is just that little bit superior to other road suers. Makes me
feel almost ashamed to also call myself a motorist and lover of all things
motorised.

Quoted message said:

Stop riding through red lights, you will be killed. Learning how to "give
way" might help.

Jealousy and bigotry all in one post, as well as a good dose of moving
goalposts or simply being ignorant of what the OP actually posted.

Nice one, 'Lance', almost a fell swoop.

Almost ..

--
Paul ...
http://www.4x4prejudice.org/index.php
(8(!) Homer Rules ... 😉
"A [censored] is a [censored], no matter what mode of transport they're using."

David Martin said:

(you have no calim against the insuracne company, but against the
perpetrator)

I think that this is the sole exception - that you can claim against
the insurers where a mandatory policy is in place (legal requirement
to have third-party cover, in this case).

dkahn400 said:

Daz said:

Hi all,

Quoted message said:

I have today received a letter from the insurance company saying
that whilst they do not think their client was fully at fault,
they will offer me £500.

Obviously, their client was fully at fault, so I'm a little
puzzled how they think he's not. Is this just a tactic by them
to get me to accept a lower offer?

Quoted message said:

originally asked for. Tell them that if they do not immediately settle
for this amount you will seek legal advice and will be adding the cost
of this to your claim as well as other costs arising from the accident
that you had previously been prepared to overlook.

I second this, with teh addition of some threats about your 'pain and
suffering'. Make sure you highlight that you'll be claiming teh
costs of alternate travel arrangements while teh claim is being
resolved, and also of preparing letters to them (check what your bank
would charge you to write to you, and use that figure).

When I did this (similar circumstances) they paid up.

regards, Ian SMith
--
|\ /| no .sig
|o o|
|/ \|

On Wed, 22 Dec 2004 16:22:06 +0000, Paul - [censored] wrote:
heh. Troll methinks. Albeit a troll of little wit who thinks that

Quoted message said:

'cos he has a car is just that little bit superior to other road suers.

He actually has a Vespa 200 scooter and a Yamaha XJ600 motorbike.

Makes me feel ashamed to call myself a motorcyclist, etc.

Mike

It's okay for Lance they stop all the traffic when he's on the road.

----------
LeeG
-----------
"Lance Armstrong" <[email hidden]_I.ko> wrote in message
news:[email hidden]...
"Daz" <[email hidden]> wrote in message
news:[email hidden]...

Quoted message said:

Hi all,

Quoted message said:

About a month ago I was involved in a crash whilst cycling to work.
Basically, I was going round a roundabout, and a pickup truck entering
the roundabout didn't see me and drove into the side of me, knocking
me off my bike. Luckily I wasn't seriously injured (few bruises etc.)
but the bike was written off (back wheel mangled, rear mech smashed
and frame bent). I have claimed on the driver's insurance for
compensation to replace the bike. The two quotes I acquired for the
damage both came to about £700 and I sent these to the insurance co.

<snip>

You don't have any insurance or are required to have any and you think you
can just go and claim against a motorist who is already paying through the
nose for the "privilege" of driving on the roads. Some people want it all
for nothing.

Quoted message said:

Any advice will be gratefully received,

Stop riding through red lights, you will be killed. Learning how to "give
way" might help.

Al C-F said:

David Martin said:

(you have no calim against the insuracne company, but against the
perpetrator)

I think that this is the sole exception - that you can claim against
the insurers where a mandatory policy is in place (legal requirement
to have third-party cover, in this case).

No. The claim is against the individual who may/may not have an
insurance policy to cover legal costs and/or damages.

The proceedings paper I've just signed names me as claiment and the
driver of the Clio as defendent.