Insurance payout?

[Geoff_N]

My son was knocked off his bike in Nottingham last month in daytime on his way to work. He went to hospital for treatment to grazes on his face and all his limbs but he's recovered well although it was traumatic at the time. The driver admitted she just didn't see him while making a right turn into a busy road even though he wore a yellow jacket and had his lights on. He decided not to press for prosecution as the woman seemed even more upset at her mistake than him. Her insurers have offered him £4k to compensate for his trauma and minor expenses - eg fares cos he's now going to work by bus until his bike is replaced. Her insurers will also pay for bike repair or replacement. His helmet too as it was cracked. He has a week or two to decide. £4k was more than I would have expected but what do I know? He's sadly not a member of the CTC so can't ask for their solicitors advice. What do folk here think? Is £4k + bike replace (about £800) reasonable or should he go for one of those hated ambulance-chasing claim companies?

[tatanab]

Sounds high to me. I received far less for a few stitches, but I simply accepted the offer because I have no wish to be part of the compensation chasing culture that costs us all money.

BTW - on the accident form the question is something like "do you think that driver's actions warrant prosecution". All you can do is tick the yes or no box. Nothing is likely to happen unless there is a very serious case to answer. In my most recent incident I ticked "no" because I realise that whilst the driver's action was not correct, it was an instinctive one that 99.99% of the population would make.

[chris_suffolk]

Seems very high to me too - I was knocked off, on crutches for a month, unable to drive or walk, and I'm still arguing to get figure above £1500 + bike damage - so £4k seems like a real bargain to me

[Mark1978]

Is that on top of the money to repair the bike? That's a good deal. Take it.

[pete75]

Sounds like a good offer. I'd take it. My son was knocked off his bike by a lorry driver four years ago, suffering grazes and received £3500 including an amount to replace damaged components on the bike. The lorry drivers insurance company were awkward though and were still trying to deny liability after he'd been fined £550 and given 4 penalty points for careless driving.
It's funny how people in Britain started complaining about a compensation culture when the law was changed to allow lawyers to work on a no win no fee basis. Before that it was difficult for people of limited means to obtain damages through the legal system. The wealthy had always done so but no one seemed to complain about that.

[Geoff_N]

It sounds like a good deal then.
It seems to me that where genuine hurt and trauma has occurred plus loss of earnings or extra expense then compensation is justified. The perception often is, though, that some people cry "Compo" even when they've had a trivial accident that they could have avoided by being vigilant. For example a customer in my Tesco put her basket on the floor of the shop. Another customer wasn't looking where she was going and tripped over it. She fell and sprained her wrist. Tescos insurance paid "for her holidays" as she described it, gleefully. No wonder our premiums are going up all the time.
Also living in Chester we've just had a case of Crash for Cash go through the courts where whole busloads of people claimed compo when someone crashed their car into the bus. Luckily the police were able to prove it was fraudalent in that case but often the insurers pay out rather than contest it.
However, in my son's and many other cycling cases. the fault wasn't his in the least and he did suffer, so the compo is fair.

[reohn2]

I agree with the other posters,it sounds like a fair offer to me,I'd accept it

[Edwards]

There is a set of guidelines for each type of injury when making an insurance claim. So the part of the amount will be based upon those.
The bike and clothes and other consequential losses will be on top of this.

He needs to find out what expenses he can end up paying. This includes repaying sick pay, ambulance costs, repayment of benefits, to list the ones I know of.

Ask for a breakdown of how the figure was worked out from the insurance company and do not be rushed by them.
This figure could seem high but that can be so that he does not engage a solicitor and the costs that the company will then have.
The insurance company have a legal duty as to the amount of pay outs (do not take any notice of what has been paid in America).
If he does engage a solicitor then it can take up to three years to sort out. The offer may be increased but can also be withdrawn (this would go against them if it when to court).
How ever most solicitors do offer a first consultation at no cost.
I think that the CTC solicitor is Slater & Gordon and they offer no win no fee (do not mention CTC as this can confuse the indemnity cover).

Hope this helps

[Geoff_N]

Thanks Keith. Some of those expenses don't apply in my son's case. For example a van driver who witnessed the event, gave my son and his bike a lift to his house. Sometimes drivers have hearts! My wife worries that he might have latent injuries and possibly need private health treatment to speed up recovery and hence additional expense, but so far he appears to have recovered well,

All useful info here. Thanks.

[PH]

Plenty of good advice from Keith. Your wife is right to be cautious about future treatment, any payment now will be a final settlement and he shouldn't consider that until being sure he's made a full recovery. If he has straightforward out of pocket expenses, there's no reason he shouldn't receive an interim payment to cover them.