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Slim

Member since Dec 2009 • Last active Jan 2010
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    Hi there

    I'm a new member and used to work as a Personal Injury lawyer. I suppose I should qualify that by saying that this was about 6 years ago now and although I have checked up on some of the following info, it shouldn't be taken as a substitute for quality legal advice (you can see the lawyer coming through right there eh?)

    I don't have much to add with regard to what to do in the immediate aftermath of an accident. What has gone before is all sound advice. It is possibly worth emphasising the need to involve the police at some point. Often they won't wish to become involved if there is no injury and only property damage. You should report nonetheless since an injury may not become apparent until later on. Also, if the driver was uninsured or becomes untraceable then you will need a crime reference number in order to be able to pursue a claim through the Motor Insurer's Bureau. It is worth knowing too that the date on which you made the report needs to be very close to the actual date of the accident - a bit difficult if you are rendered unconscious of course though in that case, you would hope that the police have become involved anyway. Regardless, get the police involved if you can (assuming the driver is at fault) and get a crime reference number.

    Secondly, make sure that if you have been injured that you get a contemporaneous record of your injury by visiting the Dr/hospital as soon as you are aware of any injury. Without proof that your injuries were caused by the accident, you will not be able to recover compensation for them. Bear in mind that sometimes injury isn't immediately apparent or at least that the seriousness of an injury may not be obvious especially when adrenalin is coursing through the system.

    It is usually worth instructing a solicitor to pursue a claim for compensation. In fact, I would say that you have nothing to lose in at least having a preliminary discussion with a solicitor. That said, if your injuries are fairly minor (eg stiffness and bruising that doesn't last more than a few weeks with no ongoing problems) then you may struggle to persuade a solicitor to take on your case. This is because the likely value of compensation is less than a thousand pounds which means that the claim falls to be dealt with in the Small Claims court where your solicitor would not be able to recover costs meaning that you would be charged - possibly more than you have won in damages. The same would apply to a claim for property damage only - that is unless you have sustained more than 5000 pounds worth of property damage and loss which is unlikely eh?

    You can easily pursue your own claim in the Small Claims court however. The court staff at your local County Court can advise you on the procedure involved but cannot provide legal advice. If your opponent's insurers won't settle then you and your opponent will have the opportunity to put your argument to a District Judge in his office (chambers) which is a fairly informal setting. If you lose, the costs to you will be only minimal - court fees etc. It is still worth getting a preliminary opinion from a solicitor nonetheless - they will tell you whether it is worth insturcting them or not.

    Most personal injury solicitors nowadays will carry out an initial assessment of your case for no cost. If they feel there is a reasonable prospect of recovering compensation they will likely agree to handle your case on a no win - no fee basis. This means there is no cost to you and they will be paid by your opponents insurers if the claim is successful. If not, they don't get paid so they have a lot invested in your claim too(though (for a lawyer at least) it always used to be a bit distasteful to say that being paid was a lawyer's primary motivator). Also, bear in mind that you may have legal expenses insurance under an existing policy of insurance - for example household contents, and your insurers will probably wish to instruct solicitors for you.

    apil.org.uk is the website for a not for profit organisation called the Association for Personal Injury Lawyers. This is a good resource for finding a specialist solicitor that can help with your case. There are a number of specialists in cycle accidents and (heaven forbid) in the case of serious injuries you may need to look for solicitors with that particular expertise eg catastrophic injuries and/or head injuries.

    Other things - keep receipts for bikes and bits etc so that you can prove the cost of them. Keep a note (and receipts) of all expenses you incur as a because of the accident - eg bus/taxi fares, tablets, bandages etc. If you lost earnings as a result, your solicitor will wish to write to your employer to obtain details.

    Hope this is of some assistance. Happy to help with other stuff if I can though as I have said, it is usually well worth speaking to a solicitor fairly soon after the accident. Lastly, you have three years from the date of the accident to commence court proceedings. If court proceedings haven't been issued before then, your claim cannot proceed (except in some very limited circumstances). That is to say that there is quite a bit of work that will need to be done before court proceedings are issued and you may struggle to persuade a solicitor to take your case on if limitation is approaching. The sooner you get on to it the better really. The majority of cases will settle before court proceedings are commenced however.

    All the best.

    Slim

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