Accident Recomendation - Claims, not good locations!

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Accident Recomendation - Claims, not good locations!

Postby the other Steve Dennis » Tue Feb 10, 2004 11:31 am

Ok so last April I was hit by a car, run over dare I say, smashed the front end of the bike and came out with minor abrasions and aches.

I walked away with only a mobile number and a promise. A promise echoed that night via a phone call. Shame they were lieing (?) and proceeded to hide, making my claim seem impossible.

Well I contacted BC that night and they were helpful sending out the claim pack etc.

Pearsons who were looking at the damage contacted Alyson France at Bikeline who sent me a full quote and her claim pack.

I went with the more personal touch from Bikeline. BC seemed a bit too formal for my liking.

I have been since told that a claim through BC would have made a small difference to road safety figures etc so maybe should be the choice for members, after all our membership pays for it.

So anyway.
I filled in forms, visited appointed doctors and Bikeline informed me that I would be lucky to get much. Due to the fact that we hadnt found the guilty party my claim would go through the 'Motorists Fund' or something which is government led and would result in me getting nothing or some token payment but it was worth doing.

Lesson - even when dazed and shocked, remember that mobile phones can be used to store text messages and therefore registration numbers not just phone numbers.

So more waiting.
Using my free time and broadband connection at work I actually traced the offending party!!!!!!!!!! (I am available for internet sleuthing? I seem strangely atuned to search engines?!) Bikeline contacted a rep in their location and they were nabbed, admitting everything and handing over all the details. The damage to the front of their car made it difficult to deny.

More waiting for their insurers etc.... more paperwork.

By December they had admitted fault and made an offer, which Bikeline suggested I declined as it was 2/3 of what I could get.

So the court date was set for March.

More waiting.

This morning a letter arrives. Fear of court has led to them agreeing to Bikeline's figure.

WWOOOOOHHHOOOOOO

SO you may expect to see a new bike soon, or a new pair of Nucleons and a groupset upgrade well sorry to dissapoint the cycling fraternity but it's gonna pay for the second half of this years tax return - and maybe a cheaper pair of wheels and some bar tape.

Its a very good payout. The bike damage was quoted at £800. I travelled to work by train for two months, which is expensive and inconvenient, suffered aches and pains, lost half of my leisure activity etc and:

Second lesson - if you do something bad and then hide, when they catch you it makes it worse.

And I have been awarded enough to buy atleast two of my current bikes.
(Bloody Taxman)

Third Lesson - self employment means you can work when and where you want, but you dont get any other perks and dont forget to save some for the tax bill!

So Bikeline have been great and recieve all of my recommendations, no matter how rambling right now.

My advice to anyway in this process is give them the info they want when they want it, otherwise leave them to it and just wait in silence.

I may edit this later when i have woken up.

:twisted:

I have editted it but wonder if anyone will notice - or just laugh louder at any further mistakes, not that it matters cos it just isnt that important is it.
Last edited by the other Steve Dennis on Tue Feb 10, 2004 3:26 pm, edited 1 time in total.
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Postby LUDWIG » Tue Feb 10, 2004 12:16 pm

[quote]I may edit this later when i have woken up

Whilst I am appreciative of members of this forum entertaining us with their own literary styles, including your variation on the stream-of-consciousness motif and not forgetting of course, the highly popular 'spot the correctly spelt word' theme, I often find myself all at sea trying to decipher whether the author is indeed a literary genius or just someone who is verbally challenged or maybe even on drugs.
Last edited by LUDWIG on Tue Feb 10, 2004 1:40 pm, edited 1 time in total.
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Postby JayneToyne » Tue Feb 10, 2004 1:41 pm

good to see finally someone actually getting paid out for accident claims.

mine will no doubt take another year or so before i get told i get nothing.
( the motorbike accident i had last summer.. its all going to court.. the 3rd party refusing to accept responsibility for reversing over me in a main road)

so anyway, what ARE you actually going to spend the money on steve?
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Postby LUDWIG » Tue Feb 10, 2004 1:46 pm

Marco, I had excitedly clicked this thread hoping to read a post of yours that would have offered us more humour.

Instead I find a pointless reply of little value deriding my effort.

btw Marco, you seem to be averse to punctuation. In particular , commas.
[quote]LUDWIG I had excitedly.....
Last edited by LUDWIG on Tue Feb 10, 2004 1:48 pm, edited 1 time in total.
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Postby Tashkent Terror » Tue Feb 10, 2004 1:54 pm

I was hit in Oct of 2002 by an unlicensed, uninsured illegal mini cab driver (go figure)!

At the time I wasn't a member of BCF or CTC so I went through one of those 'no win, no fee' places.

16 months later and it's still going no where fast, so hopefully Steve you get a faster result going thru BCF

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Postby virek » Tue Feb 10, 2004 2:17 pm

TT,

don't wish to unduly worry you, but "those no win, no fee" sheisters tend to charge an awfully-close-to-the-settlement-figure fee when you do win.

You may want to check the T & Cs carefully.

Steve, I work for a Chartered Accountants if you want help for next year - Just to clarify, I am not the spawn of Satan* just have access to them.

* - Chartered Accountant

Cheers,

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confused ramblings

Postby the other Steve Dennis » Tue Feb 10, 2004 3:19 pm

My ramblings confuse many.....

I started the claim with the BC but then apologised and actually used Bikeline who are one of those no win no fee sheisters.

Yep there was a lot of waiting around in silence but when they spoke they were of great help and we have been succesful in claiming from an originally untraced driver.

In terms of their fees - As yet I have not received my cheque but I understand that the fees, legal costs and expenses are awarded to the solicitors 'on top' of the amount awarded to myself.
If I had lost, the charges would be payable by me. They even offered insurance against losing which would cover those!!
It appears to me, as explained by Alyson at the start, if they think that you won't win your case then they won't take it, as no one will stand to gain anything.

I wait to see if I am wrong.

But as I said, it's going to pay for the remaining half of my tax return.

I do have a very excellent accountant, who helps get my return in the post by August and predicts the charges to the penny and he is one of our own riders.???!!!!

So far I can say I would use them again.

Marco - I have a pay as you go mobile which failed to call the police at the accident so storing their number was all I could manage to do. Now I carry a small OS map, a highlighter, a 2B pencil and a sketchbook. I wont be caught out again at the scene of an accident - oh no. I have also been advised to try and get an ambulance and the police to the accident even if you are fine. That way all involved take it more seriously, the accident is recorded and becomes a statistic - oooohhhh- I love being a statistic. And ofcourse you dont suddenly collapse at home with concussion 6 hours later.

Many thanks to Nick Mann who gave me a lift home after seeing me drag my bike towards a Coulsdon taxi office.

God knows if that makes any sense.!!!!!!!!!
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Postby the other Steve Dennis » Tue Feb 10, 2004 3:35 pm

I am not saying you have to use these guys.

Do contact BC when needed straight away, they have a 24hour phone number.

But isnt it worth initially looking at more than one option before signing anything? (One thing I have learned due to being Self-employed)

And to clarify from Bikelines website
[quote]What does it cost?
If we are satisfied that you have a good potential claim, we will deal with it on what is frequently called a 'no win, no fee' basis. You will not have to pay out any money to pursue your claim.

The official name for this agreement is a conditional fee agreement. The general rule in civil court cases is that the loser in the case pays the winner's legal fees. In other words, if you win your case, the other party (or, more usually, their insurers) will not only pay you compensation, ("damages"), but will also pay our fees incurred in pursuing the case and the disbursements, (such as court and barristers' fees etc). Conditional fees do not change this basic system, they just mean that if you lose your case, we will do not get paid for the work we have done. This can be a substantial amount, and so we are also taking a risk and therefore have to be satisfied that you have a good claim.

In return for taking the risk of not being paid for the work we do, we are entitled to charge a success fee if you do win. The success fee is calculated as a percentage of our bill. The success fee is also payable by the other party not by you. Effectively, therefore, although a success fee is charged, you will not have to pay it and we will not deduct anything from your compensation (except for untraced driver claims)


:twisted:
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Postby LUDWIG » Tue Feb 10, 2004 5:54 pm

[quote]God knows if that makes any sense.!!!!!!!!!

I think I've got a pretty good picture of what you are trying to say now.

So, to summarize, you sued the taxi service in Coulsdon for being to far away from the accident and took the London Ambulance Service to court for not having a small OS map, a highlighter, a 2B pencil and a sketchbook at hand. All these civil actions were conducted on a 'no win-no fee ' basis that, in the end, enabled you to buy a new set of training wheels, even though you had concussion when you bought them and only a pay as you go mobile phone with you at the time, with which you phoned your accountant to arrange that he come on the club run in August.

Have I got that straight?

Oh.... apologies in advance to Marco who may be getting excited as we speak, only to discover that this thought provoking discussion on ....errrr....accidents and bicycles, has taken a surreal turn for the worst.
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Postby richv » Tue Feb 10, 2004 5:57 pm

In general the quality of service you get depends upon the solicitors you end up with. Almost always the "accident consultants" you contact or your legal expense insurer will farm out the claim to a solicitor and much depends upon the luck of the draw as to which solicitor (and indeed which person in the solicitors office) handles your claim. There are some very good solicitors and some shocking ones.

If you have 'legal expense insurance' then you are usually better off using this rather than going to a "no win, no fee" place - there are often costs if the case is lost and they have to get paid for by somebody, things are sometimes buried in the small print of the forms you sign whereas with legal expense insurance they usually cover such costs. You may have legal expense insurance without knowing about it - check your car and house insurance where it is often tacked on - if you are not covered by CTC/BC.
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Postby Rob » Tue Feb 10, 2004 7:52 pm

i was hit recently by a lady who couldnt make it past me in time and to avoid the island she hit me...luckily i was cycling with a friend so i got a witness, and the accident is so obvious as to whats happened she cant deny anything..im waiting for my money...

like TT, i got a no win no fee, i made sure that before proceedings started that they sent me a letter saying that if i win, they will claim all their money off of the other party...because as it was earlier mentioned, if you win, you do get charged, and its about a £ a letter just for starters!

Tashkent, make sure they dont take you for a ride!
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Postby John Sheridan » Sun Feb 15, 2004 9:59 pm

[quote]..im waiting for my money...



if they're insured and you're not injured you should really just deal directly with their insurance company. I've had the 'pleasure' of being run down twice in the past 2 years and both times I've been paid out within a week.
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Postby Rob » Mon Feb 16, 2004 1:16 am

dont deal with the insurance direct.........

if you get in a lawyer, they want as much money as possible, so they'll pursue the case to the max.......i wouldnt have a clue what to do, im 18 and it was my first time being hit..and im sure many others wouldnt either..and i asked the lawyer for £600 in total..if i didnt get in a lawyer, thats probably what i would of got...so far the lawyer has come up witha sum of £2000 and is trying for that!

it may take longer...but its worth it!
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Postby John Sheridan » Mon Feb 16, 2004 8:50 pm

[quote="Rob"]dont deal with the insurance direct.........

if you get in a lawyer, they want as much money as possible, so they'll pursue the case to the max.......i wouldnt have a clue what to do, im 18 and it was my first time being hit..and im sure many others wouldnt either..and i asked the lawyer for £600 in total..if i didnt get in a lawyer, thats probably what i would of got...so far the lawyer has come up witha sum of £2000 and is trying for that!

it may take longer...but its worth it!

and people wonder why insurance costs so much...
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Postby Rob » Mon Feb 16, 2004 10:27 pm

your right it does cost alot.....and if you can drive, and build up those no claims...it doesnt cost alot!

why should i be knocked of by some piece of sh*t that cant drive properly and settle for less than what i deserve!
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