What to do in the case of an accident (discussion)

So i'm getting somewhere now with the solicitors but I don't think they're going to be able to find the person who drove into me. The police have given up already. I'm presuming instead of claiming off the other person's insurance that they'll claim from the National Accident pot (What is it called? I forgot) How does this work? People are putting ideas in my head that'll I get 10K+ at least. (I have a Fractured wrist/Shoulder) I was expecting something more like £50.

Hey Izzy

The fund is called the Motor Insurers Bureau (MIB) which pays out for accidents caused by uninsured drivers or hit and run incidents. The only condition is that you have to inform the police of the accident within 7 days.

From memory, I think that 20% of all insurance premiums is hived off to contribute to this fund. It is a pretty good system but it is a shame that most people dont know about it, and assume that they cant get any compensation when they are involved in a hit and run accident. You should get the full amount for your injury although you dont get the first £300 of any property damage (eg repairs to your bike)

From my experience, I would suggest asking your solicitor for advice on how much the injury is going to be valued at. A determining factor for the value of your injury is how long the symptoms lasts for e.g. if the shoulder/wrist fractures are fully healed in 6 months the claim will be worth much less than if there are long term implications.

For more info, have a look at the website below:
http://www.mib.org.uk/Home/en/default.htm

Thanks for that, useful link. I did report it within the following 7 days - by phone (does that make a difference? I still got a CAD number)

I'm gonna need physio & my shoulder is going to have a big lump on the side of it for a very long time (years apprently)

No problem - sounds like a nasty injury. Reporting the accident to the police by phone should be fine.

Will your solicitor take on the case if it is MIB untraced?

I believe they will. They seem to be going through all the formalities of trying to ID the person (they didn't even stop!) I'm with Russell Worth & they seem to be quite good so I'll see how things progress.

Yes, it can be very difficult to ID an untraced driver (I presume they don't know the vehicle registration and they checked for any CCTV and there are no witnesses?)

I don't know Russell Worth, but from their website they seem to be registered with APIL so should be okay. I would check now whether they will take on your case if you can't find the driver as some firms of solicitors wont.

Feel free to PM me if you want to chat anymore.

izzy, im a bit confused re the cad number. If you have been injured police need to report it, they will have to come out to the scene or if its not serious advise you to a station to report, it cant be done over the phone. They may have given you a cad number but did they advise you to report to the station?

When I reported over the phone they gave me the CAD number & told me to go to my local police station as soon as I could (I was staying at my parents at the time recovering) A week later when I was back in London I did.

When I reported over the phone they gave me the CAD number & told me to go to my local police station as soon as I could (I was staying at my parents at the time recovering) A week later when I was back in London I did.

cool you did the right thing, the op would have just marked the cad up with your details and advised to the local station, if you didnt go to the station and the insurance read the cad you might have come unstuck

maybe someone has asked this before, but anyway.

I am currently being sued, and taken to court on dec 20th, after being in a collision last august with a car, in Clapton.

I was over taking a bus, with ample room to make my way around, and not end up in the other lane, this claimants car was travelling in the opposite direction, and was heading southbound, too fast and too far over on his side, which cause me to collide with his wingmirror. this caused me to be dragged in to the back of his car and split my head open and graze/bruise my right fore arm.

his car suffered minor damages, such as scratched paintwork and a broken wing mirror.

he is trying to sue me for about £2,400.

i've been getting help from whitechapel legal advice centre, but unfortunately they cannot represent me in court.

can anyone else offer some info on who I should perhaps speak to you, or be referred to?

thanks!

Try the Mary Ward Legal Centre.

are you not a BTA member? Their if so you're covered.

have you checked whether you have legal expense insurance? it can come bundled with lots of other things (e.g. credit card, travel insurance, bank account, car insurance, LCC membership, house insurance) and you may not even know you have it.

was there any CCTV footage of the accident? have you seen the police report? I assume the case has been issued in the small claims court.

Do you have a counter claim for your injuries/damage. His claim sounds like it has been bumped up by car hire included a common scam these days.

i don't have any insurance or anything since i sold my car a few years ago. so that's a pain, but yeah, i am counterclaiming. it's incredibly stressful and complicated though.

i have just taken photos of the area it happened in, to prove what space i had when manoeuvring around the bus, which should be a big help as i got a cyclist waiting in the middle of the road, luckily!

i've applied for medical records, which cost me £50 which is a ridiculous cost, but police records were £150, so that can fuck off.

Even the cops are out to make money.

I got hit and run yesterday, a car pushed me oto a lightpost. It was dark so I did not see his license plate. Result this morning:

Luckily my bike was unharmed...

fucken ew!

thanks for this, I hope I never need it but it is copyed and saved now.

Someday just to highlight ojeffcot's qusetion RE CCTV footage, if there is any GET IT. I was recently a witness for the Police against a driver who knocked me over. Fortunately there was CCTV footage which corroborated my story, meaning he didn't have a leg to stand on. Don't know if you've checked yet but this is London, cameras seem to be everywhere. Good luck with the claim, hope it works out.

My claim has gone off to the MIB people to sort out. A work colleague has 'suggested' I appeal the first offer (whatever it is) to get more money off them. Does this 'tactic' work? What happens if I appeal?

There is a common belief to reject the first two offers made by the defendants, or to appeal mib decisions to get more money. This is a bit of an urban legend, and every offer should be looked at on its merit.

On one hand, it may be that the mib's offer is too low, and they could award you more if you appeal. Alternatively, if you go to an appeal hearing and are awarded less than what the mib offered you, or the arbitrater thinks that you appealed unneccessarily, then you could be liable for the arbitration fee - around £600.

Mrs Brave was knocked off two months ago by a driver reversing from left lane to the opposite right lane across Orpington High Street on a busy Saturday morning. He hit her knocking her to the ground and not noticing reversed over her back wheel and was only stopped as a ped banged on his window.. Dread to think what could have happened....

She did all the right things. Three independent witnesses (4 including her training partner) one of which one was a nurse who treated her at the roadside and another a bus driver. She called plod.

The driver gave her his details but left the scene before plod arrived.. bad form.

As a member of British Triathlon she has cover via Leigh Day (As I do under British Cycling).. His insurance have not contested anything. First offer of £1500 for personal injury and a further £650 pending damage to bike and kit.

She accepted.

In short... Buy membership to British Cycling/Triathlon or equivalent. Only £50. Worth every penny for the legal cover..

For personal injury cases, legal expense cover is less useful than people think. If a case has over 50% prospects of success, most personal injury law firms (including Leigh Day) would probably take on the case under a no win no fee agreement anyway. If the case has less than 50% prospects of success, then it is unlikely that the legal expense insurers would cover the case at all (nearly all policies have terms to exclude such cases).

So, you are basically in the same position with or without insurance!

Very worth pointing out.. Cheers O..