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GEESUSS
30 Oct 19 21:11
Joined:
Date Joined: 17 Aug 11
| Topic/replies: 3,233 | Blogger: GEESUSS's blog
Bicycle a right off, laptop broken + other stuff. Driver admits it's his fault but sunlight got in his eyes, police phoned and asked permission to give personal details so to come to some agreement, think he only knows about the bike though, do I do this? or go down the legal route, probably no win no fee route, serious replies only please, in tuns of pain and really pissed off and down here........................................................Sad
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Report boxingthefox October 30, 2019 9:25 PM GMT
Sorry to hear that mate I can fully sympathise on the ribs as I'm nursing a few broken ones myself through my own stupidity rushing to do somethig. Cry

I would advise caution about making a 'private agreement' get some proper advice so as not to affect any future claim. I think there are some guys on here with knowledge of this stuff. Good luck.
Report mukdahan October 30, 2019 9:33 PM GMT
There are companies that deal with this type of claim you can search for them online, get medical advice as soon as possible as the records kept by the medical team will form part of the claim, if the driver has admitted negligence the case should be fairly straight forward.
Report Deplasterer October 30, 2019 9:35 PM GMT
As long as fingers are good for chit chat, no worries, the other bones will heal.
Report Whisperingdeath October 30, 2019 9:45 PM GMT
No you need the Police to prosecute. Don’t let them get away with not doing anything. He can change his story and blame you!

Do you have any legal cover on home or car insurance? If yo7 do call them!

You must go down legal route!
Report Deplasterer October 30, 2019 9:47 PM GMT
I thought this was a piss thread, but if it's not sorry.
Report casemoney October 30, 2019 9:50 PM GMT
Shocked
Report boxingthefox October 30, 2019 9:51 PM GMT
Whisperingdeath spot on as usual.Wink
Report casemoney October 30, 2019 9:53 PM GMT
With them Injuries you should be looking at a Few Grand ....  Go legal Mate if you have to give away a few quid  Do ...

Sounds Like you have been lucky tbh , as painful as the outcome is ...
Report peckerdunne October 30, 2019 10:13 PM GMT
Sounds to me like you will be destroyed by legals........

Arrange to meet and discuss settlement amicably, knowing his earning potential, and guilt levels first.

All this prosecution lark is bolloxx, sounds like they should all be on the next edition of the apprentice.

I aint joking buddy, you will be ripped to shreds, i can tell already.

A bird in the hand!
Report Deltâ October 30, 2019 10:18 PM GMT
Legal Advice - on the chit chat forum,
bless
Report mega88 October 30, 2019 10:23 PM GMT
Geesus get as much wonga as you can out of it pretend you in a full body cast, any winnings will soon be on here for us all to have a share of, remember to secretly record any conversation you have, hope you get better soon lad JC getting to big a head on the footie forum ExcitedCool
Report Pokermonster October 30, 2019 10:54 PM GMT
Good evening, Geesuss.

Sorry to hear of your misfortune. I have some very important advice to offer, dear fellow.

Be sure to take appropriate pain relief every six hours for the next few days, even if you think it unnecessary. Failure to do so runs the risk of a chest infection which can be far worse than the original injuries.

Best wishes.
Report themightymac October 30, 2019 11:09 PM GMT
Better Call Saul.
Report Capt__F October 30, 2019 11:20 PM GMT
Graceland
Report GEESUSS October 31, 2019 4:21 AM GMT
Thanks for your replies gentlemen....................................

@ pokermonster yes, got morphine at hospital, but just ibuprofen and co codamol to take home, taking as prescribed, can't say it's effective, might phone ask for something stronger if it doesn't subside, can' sleep :(..............................

@ Whispering  yes, the accident inquiry isn't complete yet, so need to see what the official word is, got name of PC in charge and incident number. I do have insurance for bike and laptop outside home, by why should I claim?...........................

@ pecker, not sure why you think I'll be ripped to shreds, had many a battle and won all, just not this sort...........................

@ mega, keep him in check till I get back to fighting fitness, ta....................

Seems they are a few routes I can go down, me accepting settlement from driver would suit him and police, in terms of paperwork, so not sure about that, the legal route sounds like it can take years though.........................



Thanks again
Report geoff m October 31, 2019 8:54 AM GMT
Geesuss.
I feel your pain as a keen cyclist for the last 25 years ive ended up in hospital on a couple of occassions(both my own stupidity and no-one else involved) fortunately without as severe injuries as yourself.

Couldnt see you because of the low sun is not an excuse. You need to report this to police ASAP and go down a prosecution route.

Ive 2 cycling colleagues both been knocked off their bikes ending up in hospital who both received compensation .

Try contacting your local cycling club they may well have members who have been in same scenario and be able to recommend a course of action/who to contact. Far better with a recommendation than contacting someone out the blue.
Report casemoney October 31, 2019 9:35 AM GMT
Right people you are Looking at a right few Quid , never mind Contacting the Other Party 

Young Lady I know whiplash, had 3 Physio session 3500,that was after the solicitors take  , Only time she had off work was to

go to the Physio....

Don't for get your Clothing Helmet Shoes etc you were wearing , There's 400 quid there to Start Grin Worse way , Cycling Gear

Expensive these days .. That 200 quid Helmet you were wearing Must be replaced after any impact Grin

Problem with doing all this with the other party,is they  tend to start forgetting what happened,As stated it could have a

been lot worse , Yer man is worried about his no claims Bonus , not you ... G Luck ....
Report casemoney October 31, 2019 10:15 AM GMT
Low sun another Load of Shyte , I drove a Motorbike for years, the Reason he didn't see you was he was not Looking ,The amount
of Rsoles and Myopia cases driving around is Beyond belief and can only get worse with all our New fangled Blue tooth etc Shyte they now have in cars , No mirrors while Turning , U TURNS , Doors been slung open , The coonts are in a different world in their Little boxes Laugh

Drove a Bike round London for 25 years , there is not much I have not seen Grin
Report detraveller October 31, 2019 10:55 AM GMT
The best legal advice here would be to get proper legal advice(I know you are only posting here to get opinions, but you're losing time and your rights the more you delay it).

If you do get a lawyer, the other guy will too. Then you'll be left at the mercy of the legal system while the two parties fight it out. It can't be too bad for you.

If you think he'll settle it in good faith, its fine but you are risking getting nothing.

Driver admits it's his fault but sunlight got in his eyes
Who did he admit his fault to? To you or the police? Was it given in writing? Or recorded by the police?

police phoned and asked permission to give personal details so to come to some agreement
I don't really know what this means but it sounds odd to me that the police want to settle this. Their primary job is to record facts and create the report, not to help people reach agreements. It is great that they want to settle this but you're again left at their mercy. What do you do when they say the driver never admitted his fault?

When the police know a matter isn't going to court, their behavior changes. They then take the path of least resistance to finish the case. If they say you weren't wearing a helmet and made a sudden turn surprising the driver, you won't be able to question it(unless you can prove it wrong from the images of the scene). To prove them wrong you will need to take the matter to court. But you never went to court so do you go now because you don't agree with the police? Never happening.

So either get a lawyer, or just hope the other guy is nice enough to compensate you. Like the famous German painter Alan McBiscuit once said, you don't get what you deserve, you get what you take.
Report detraveller October 31, 2019 11:19 AM GMT
Make sure you don't end up having to pay for damages to his car(or him), if there are any.

The only time I was in an accident I was afraid I would have to pay damages to the other person's car as I was traveling in the wrong direction on my bike. The police said if I accepted it, and paid the fine for it, that was the highest penalty I could get and won't be responsible for damages to her car. Turned out the penalty was 5 Euros. Once I had cleared myself, I sat down with the old lady and we filled her insurance forms together so that our stories matched and we got compensated.
Report Whisperingdeath October 31, 2019 5:00 PM GMT
the accident inquiry isn't complete yet, so need to see what the official word is, got name of PC in charge and incident number. I do have insurance for bike and laptop outside home, by why should I claim?...........................

Ok, first the Police need to confirm what has happened. The fact is they cannot be bothered! Once the Police say the car driver is responsible and are thinking about charges then it is not about whose fault it is about how much! I am not one to make money out of an incident. You need to protect yourself against a counter claim for damage to his or her car!. The best way to do this is by the Police confirming in writing whose fault it was!

Your injuries may be more painful when you are older, when it is cold, when it is damp, when you may not be able to work because of the pain. Don't forget that!

The insurance bit is that you might be able to get the Insurance Solicitors to act for you without cost to you. Don't forget solicitors get a hard on if they think they can win and claim costs. You should be able to win and your solicitors will get costs.!

Try contacting your local cycling club they may well have members who have been in same scenario and be able to recommend a course of action/who to contact. Far better with a recommendation than contacting someone out the blue.

That advice from Geoff may be the most important advice you get if you act upon it!
Report peckerdunne October 31, 2019 5:35 PM GMT
Has anyone actually read the opening post.

Good luck!
Report Whisperingdeath October 31, 2019 5:48 PM GMT
Yes!

So driver admits his his fault although sunlight was in his eyes!

Has he offered to pay for Bike and Computer and other stuff?

Has he offered to pay for your discomfort when it is cold or wet or when you cannot go to work because of the pain?
Report peckerdunne October 31, 2019 6:03 PM GMT
Has he offered to pay for Bike and Computer and other stuff?


So you haven't read it correctly then.........

ye can't lay the draw here WD............Laugh
Report GEESUSS October 31, 2019 6:07 PM GMT

Oct 31, 2019 -- 9:54AM, geoff m wrote:


Geesuss. I feel your pain as a keen cyclist for the last 25 years ive ended up in hospital on a couple of occassions(both my own stupidity and no-one else involved) fortunately without as severe injuries as yourself.Couldnt see you because of the low sun is not an excuse. You need to report this to police ASAP and go down a prosecution route.Ive 2 cycling colleagues both been knocked off their bikes ending up in hospital who both received compensation .Try contacting your local cycling club they may well have members who have been in same scenario and be able to recommend a course of action/who to contact. Far better with a recommendation than contacting someone out the blue.


Thanks for that, that is a good idea and am working on it.....................

Report Whisperingdeath October 31, 2019 6:07 PM GMT
I read it Peck!

I just dont trust hoomin beans to do the right thang!

Get the Police to determine who was at fault!
Report GEESUSS October 31, 2019 6:13 PM GMT
That's what I am doing, as I have posted, the accident police report is not complete yet, I don't see any rush here, incident only happened Monday, as already posted the police did offer to give him my details, but this is before an outcome has been determined so what is the point?, other than to save the police paperwork................................
Report themightymac October 31, 2019 7:50 PM GMT
Get a lawyer and start a personal accident claim.

No win No fee if you have money.

Legal Aid if you are skint.

No other advice required.
Report flushgordon1 October 31, 2019 7:59 PM GMT
Send me 5k and the coont will never injure anyone again.
Report impossible123 November 1, 2019 11:04 AM GMT
'Geesus', may I suggest you go to the Citizens Advice Bureau (Law) for independent advice if worried about possible sharp practices of ambulance chasers. But, get as much legal advice and info about accident as possible for future reference and peace of mind; the visible injuries can be dealt given time. But, the hidden ones and yet to arise ones those would be your main concern esp if time off work if a necessity. And, good luck!
Report BonnieDday November 1, 2019 12:37 PM GMT
I spent most of my professional life in the scintillating and fascinating world (yawn) of handling insurance claims of all types and rarely do I read such a load of drivel on the forum as when all and sundry give their advice following road traffic incidents of this nature and the inevitable aftermath including who is to blame and how to get compensation. I used to offer my own "specialist" opinions in such cases but usually got shot down by the better qualified plumbers, carpet fitters and IT people on here that I decided no longer to bother.

However, at great risk, I shall make one observation. It is not for the police to state, in writing or otherwise, who is "to blame". Negotiations and decisions about civil liability as opposed to criminal responsibility are within the remit of insurance companies and claimants (who may or may not be professionally represented) or for the Courts to determine where the aforementioned parties cannot reach agreement by negotiation. The police's function is to ascertain the facts of what happened and to submit a file to the CPS if it is believed the law has been broken and charges should be considered. A subsequent motoring conviction is heavily persuasive that the party so convicted has been negligent but may not in every case prove conclusive.

Claimant in this case can either deal directly with the motorist's insurers or get a solicitor to do so. Comparatively rarely do such cases end up in the civil courts because it is in everyone's interests to negotiate amicably and indeed there are legal protocols encouraging / requiring the parties to do just that. The courts are log jammed and do not want their time taken up by this sort of bog standard road traffic collision claim unless as an absolutely last resort. Amicable settlement by negotiation is the best and most common outcome.
Report Whisperingdeath November 4, 2019 11:29 AM GMT
Amicable settlement might well be the most common but it is easy to get your pants taken down by people of low moral fortitude. Even your own solicitor might want an easy payout rather than getting you satisfaction.

Don’t trust lawyers or Insurance Companies.

Even the Police may “ decide “ not to investigate further or prosecute because an amicable settlement is being sought!

Have you heard from the Federales with regard to their investigation?

Use the Police file as a lever
Report BonnieDday November 4, 2019 12:01 PM GMT
Whispering Death - "Even the Police may “ decide “ not to investigate further or prosecute because an amicable settlement is being sought!".

Like I said in my opening remarks, rarely do I read such a load of drivel …………………………".

25328 posts in 8 years, Whispering. If I were you, I should stick to the day job of full time something or other on the forum, but certainly nothing whatever to do with insight into the separate issues of civil liability and criminal responsibility.

"Don't trust lawyers or insurance companies". Is that all lawyers and all insurance companies? What is your personal experience and evidence for that generalisation?
Report Whisperingdeath November 4, 2019 2:04 PM GMT
Oh Bonnie!

Are you freal?

If I were you I would stick to clerkingWink

Do you honestly believe the Police give a fig?

Most will just want to pass the buck.

Do you know what the response time is for a burglary? Do they still bother to go round to visit the victim?

You might remember the tragic death of Harry Dunn. Did the Police initially open an investigation and pas a file to the CPS?

Do you think they give a flying fig about young baby geesus?

Path of least resistance! I do hope they pass a file to the CPS as it will lead to an earlier payout and more important an admission of guilt. They will not be able to weasel out of it.

As for lawyers and Insurance Companies do I really need to reply to that?



What by the way are commercial considerations?
Report peckerdunne November 4, 2019 2:13 PM GMT
Amicable settlement by negotiation is the best and most common outcome.


Reasonable sensible people still post occasionally...
Report dave1357 November 4, 2019 2:26 PM GMT
BonnieDday is 100% correct
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