Injured as a cyclist? You may have to go to small claims if it's <5k

[jarlrmai]

http://www.cyclingweekly.co.uk/news...nsation-under-new-government-proposals-300888

Can anyone who know's more about small claims and insurance clarify what this means?

 

[Arjimlad]

This applies to injury claims only. "Small claims" means that your solicitor cannot get their fees from the opponent.

So you'd either have to find someone who will work for nothing at all, have insurance for legal fees which covers small claims, or do it yourself.

At the moment if you have a non-injury claim for less than £10,000, legal fees can't be recovered. It's de-lawyered small claims which can be a good or bad thing depending upon how complicated your case is or how articulate and organised you are. Plenty of people fall foul of court procedures & end up bogged down. I have had some cases where, thanks to well intentioned but misinformed amateurs, the good points have been overwhelmed by a plethora of really bad ones so that even the good points have become tainted & impossible to get to.

So, only more serious injuries will end up with representation in court.

 

[jarlrmai]

Does this include:

Cash paid to cover expenses incurred through the loss of your bike as a form of transport.
You wages you were paid whilst off due to the injury which your workplace will want to claim back from the insurance?

 

[DaveReading]

[QUOTE 4565805, member: 9609"]will this apply in Scotland with our very different legal system ?[/QUOTE]

The MoJ's remit doesn't include Scottish courts.

 

[Arjimlad]

Does this include:

Cash paid to cover expenses incurred through the loss of your bike as a form of transport.
You wages you were paid whilst off due to the injury which your workplace will want to claim back from the insurance?

I'm not an injury lawyer but if your claim involves an injury then it is affected by this.

Say you're knocked off & have broken bones & a long recovery - your claim is going to be more than £5k what with the bike, "general damages for pain & suffering" and loss of earnings.

If you get knocked off and you have, let's say a sprained wrist which might take four weeks to recover, but you can still work, then your claim is likely to fall under the small claims regime as it will be for less than £5k & you won't be able to claim costs of legal representation.

If you suffer no injury and your bike/clothing/etc is worth less than £10,000 then again, legal costs can't be recovered under the small claims rules. That would not be an "injury claim".

 

[Drago]

Cue injuries and claims suddenly bumping North of the £5000 threshold.

 

[vickster]

My understanding is that there are precedents and guidelines which control the likely payout for injury, so it's not a complete free for all

You'll still be unlikely to get £5k for road rash for example

 

[Arjimlad]

'This five-fold increase will stop people getting the legal advice they need in order to bring claims for the compensation they are entitled to in law. People may be tempted to try to bring claims themselves without expert advice.

'This will clog up the court system creating a David and Goliath situation where people recovering from their injuries act as litigants in person without legal advice – those defending claims can often afford to pay for legal advice. This undermines ordinary people's ability to access justice – especially if defendants refuse to accept liability forcing people to fight through the courts without legal help.

'Spinning this proposal as an attack on the "compensation culture" and claiming it will reduce premiums is misleading. If you are injured through no fault of your own you should be allowed to claim for that.'

https://www.lawgazette.co.uk/law/moj-set-to-impose-5k-small-claims-limit/5058818.article

 

[Buddfox]

I have seen some suggestions that combining this with a presumed liability law would have been a neater solution, which on the face of it seems to make sense.

 

[srw]

Injury lawyers complain that injury lawyers will get less work shocker....

Small claims for minor injuries don't need special skills to pursue. There's a standard set of tariffs for each kind of injury, it's easy to calculate and evidence lost income and extra expenses. None of that needs legal training - and indeed if you go to a law firm with one of these cases at the moment you won't get someone with legal training, you'll get a harrassed, underpaid paralegal acting as a postbox.

My best guess is (yes, it's a guess) is that the government's claim that motorists will save £40 a year is over-optimistic, that there will be little change to the amount of compensation (as opposed to legal fees) paid out and that lawyers will find a way to inflate claims as Drago suggests so that they get some money out of them.

 

[vickster]

Small claims for minor injuries don't need special skills to pursue. There's a standard set of tariffs for each kind of injury, it's easy to calculate and evidence lost income and extra expenses. None of that needs legal training - and indeed if you go to a law firm with one of these cases at the moment you won't get someone with legal training, you'll get a harrassed, underpaid paralegal acting as a postbox.

Very true, in nearly 3 years, I've spoken to a solicitor once and only because I requested it

 

[jarlrmai]

In court who will you be claiming from? A large insurance company? Or the driver personally?

 

[vickster]

In court who will you be claiming from? A large insurance company? Or the driver personally?

Me? I don't plan to go to court. I assume the payout comes from the insurance company, the driver will pay through higher premiums

 

[Pete Owens]

Injury lawyers complain that injury lawyers will get less work shocker....

Spot on - this story originated from a law firm after all:
https://www.leighday.co.uk/News/New...nments-whiplash-proposals-bad-news-for-cyclis
and was just repeated verbatim.

Extending the limit for small claims will make claiming more accessible, easier and less risky. True you can't claim for legal assistance if you win your case - but then the insurers can't claim their legal fees if you lose.

 

[Arjimlad]

Very true, in nearly 3 years, I've spoken to a solicitor once and only because I requested it

Not in my firm.

It may drive out the big business pile it high sell it cheap referral fee kickback model but it will also take away bread & butter work for qualified personal injury solicitors.

There is already "qualified one way costs shifting" or protection for adverse costs for personal injury claimants as long as they aren't being fraudulent. I hope that enough good quality solicitors will stay around to help me with an injury claim if I ever need one.

Bit like bashing the criminal defence boys - all well and good until you get hauled in for being in the wrong place at the wrong time - or not even in the same street.. then they're your best buddies.