It's just not fair...

[karimali831]

I was involved in an accident in between 2 to 3 years now and yet the 2nd solictor turns my claim down... why?
"Unfortunately, you do not reach our level of compensation" - which apparently must exceed £1000. (RUBBISH)

My incident was more serious than my other claim and managed to get a decent compensation out of that, despite no witnesses.

For the one I failed getting anything with, and the driver seems to now get away with everything:

1) Driver admits liability, "driving too fast and not seeing"
2) I have two witnesses, both supporting my case and admitting driver is at fault.
3) Bike distorted, unrideable and can't even walk with it unless picked up. (bend frame, wheel etc)
4) 3-4 months until fully recovered, shoulder and ankle injury.
5) Ripped clothing
6) Affected work for weeks and travel expenses.
7) I had to buy myself new bike, cloths etc.

Why is she allowed to get away with this?!
It makes me even more angry that she denied offering ONLY £200.

Life sucks and here I am seeing all these adverts to follow a claim, it just wastes my time.

 

[boydj]

Have you filed a claim with the driver's insurance company? You can do this for yourself and at the very least recover all your verifiable costs for damaged clothing and equipment. You can also claim for your personal injuries directly. This might be a bit more difficult this long after the event.

Sounds like your solicitor does not think your personal injuries merit a claim worth more than £1000, but he should have at least left you with some advice on how to proceed for yourself.

 

[TVC]

Have you tried a cycle specialist firm of solicitors? Are you a member of CTC? In a trade union? (OK so that last one might not be too helpful, but it's an idea).

 

[spen666]

The (legal) facts of life are as follows

If your claim is not worth >£1000 then you will not be able to recover legal costs.

The costs of recovering compensation if you instruct a solicitor will almost certainly be in excess of £1000.


Hence you would be worse off pursuing such a claim.


A solicitor would be criticised if he took on a claim that left you wore off even if you win.


How much is your claim worth?
That depends on the injuries you have suffered and your special damages ( ie damage to bike/ clothing etc)

 

[spen666]

Have you filed a claim with the driver's insurance company? You can do this for yourself and at the very least recover all your verifiable costs for damaged clothing and equipment. You can also claim for your personal injuries directly. This might be a bit more difficult this long after the event.

Sounds like your solicitor does not think your personal injuries merit a claim worth more than £1000, but he should have at least left you with some advice on how to proceed for yourself.

Why? There is no obligation on solicitor to provide free advice


You are right that op can pursue claim on his own - not just to notify to insurers, but if necessary to issue proceedings for what are seemingly minor injuries- if any injuries (not specified in op)

The value of a claim depends on loss- ie injuries and special damages, not the degree of negligence

 

[spen666]

VERY IMPORTANT NOTE FOR OP


If you are claiming for personal injuries court proceedings must be issued within THREE years of the accident. Out of this time you are statute barred and unable to bring im.

If no personal injury claim, then time limit for issuing proceedings SIX years not three.

 

[peelywally]

did she say she never saw you .




that sucks .

 

[karimali831]

It will be 3 years when it reaches March. This is why I made an attempt not too long ago and maybe should try again for the 3rd time with someone else before it does reach to the 3rd year...

LOL why should it not exceed £1000? The bike was £550 and still have it in my garden for this reason and that's just the start of the costs!