Do I need a solicitor

bikenut74 · 29-11-2014 12:39pm #1

On Wednesday while I was out training I was T-boned at a roundabout by a van. It sent me flying across the road and in a lot of pain. The driver was out to me straight away, very apologetic, and immediately phoned for an ambulance and the Gardai. I was discharged from hospital later that day with nothing broken just a lot of bruising and road rash. There's a nice bit of damage done to the bike and I have medical bills plus some time off work. If I was in a car I would just notify my insurance company and they would deal with it but who do I call in this instance. Do I get the van's insurance details off the Gardai and contact them myself or do I have to instruct a solicitor? It's a company van so it's not the driver's own insurance. Does anyone have any experience in this?

arybvtcw0eolkf · 29-11-2014 12:47pm

In short, you'd be mad not to involve a solicitor.

Or at least look through THIS

stecleary · 29-11-2014 4:37pm

When I was knocked off the bike all in done was ring their insurance company, notify them of the crash. They asked me to send all bills in, everything from a pack of painkillers to bike repairs, hospital bills to time off work. You may need to get a letter from your hr department with rate of pay ect.
I never got a solicitor involved as the insurance company were playing ball.
Handle it yourself if you can if not get onto your solicitor and let them do what they'll be paid for.

In your case contact the company and just ask them for their insurance details, if they don't play ball again go to a solicitor

Eamonnator · 29-11-2014 5:48pm

You have three options:
1) Deal directly with the insurance company.
2) Deal with Injuries Board.
3) Employ the services of a solicitor.

I was involved in a cycling accident,this time last year, I was knocked from my bike by a car. I was 100% in the right, there was no question about liability.
I rang the driver's insurance company(given to me by garda). The driver had already spoken to them. They immediately agreed to pay my medical expenses and pay for the damage to my bike, they issued a cheque, without discussion for my bike. They agreed to do this regardless of how I proceeded with the case. I was under no obligation to agree compensation with them. A week after my accident, it became apparent, that my injuries were more serious, than first anticipated. The insurance co. appointed a loss adjuster. He called to my house. He outlined my entitlements and options. He told me, that I could agree compensation with the insurance company, and at any stage, if I wasn't happy, I could go to Injuries Board or my solicitor.
I agreed to deal with Insurance company. My medical bills were paid, as soon as I sent them receipts. They paid for physio., in fact they suggested it.
When I was fully recovered, I got a medical report(paid for by insurance co.) and sent it with remaining expenses to insurance co. In the meantime, I checked the Injuries Board website. They have guidelines on compensation amounts for different injuries. I formed an idea of much compensation, I would agree to. About a week after submitting doctor's report, the adjuster rang me, he asked if I was willing to discuss compensation. He told me again, that if I wasn't satisfied with their offer, what my options were. He made me an offer, which was about the amount, that I had decided was adequate. I made a counter offer,we discussed the matter and agreed on a figure half way between the two amounts. The following day I received offer by email. About a week later, I got a cheque for agreed amount. The amount, I received was about 15% more than the maximum amount in the Injuries Board guideline for my injury.
I found the insurance company very good to deal with. My claim was handled quickly and efficiently.
I think, it worked in everybody's interest to handle it this way. The insurance company saved on legal fees and the cost of court, possible further medical expense, with doctors having to give evidence in court etc. I got my comp. quickly and without fuss.
At all times, I had the option to withdraw from negotiations with the insurance company.
If I had decided to go the Injuries Board route, I would pay a fee, forward doctor's report and my own report to them and wait for their decision. If unhappy with their compensation amount, I would then go to solicitor.
If you decide to go with a solicitor, it could be a very long drawn out affair. There is no guarantee, that you will get more, by going this route.
That's my story. I hope it helps.

bikenut74 · 29-11-2014 6:54pm

Thanks for taking the time to write such a detailed response, it helps a lot. I just wasn't sure I could deal directly with the insurance company myself. The van is from a large national company so they are probably used to dealing with claims and have everything in place to do so. I'll give them a ring next week when i have a few bits together to give them repair estimate etc.

stecleary · 29-11-2014 7:11pm

One more thing to note is to take your time and think things over when an offer is made. I jumped the gun a little when I think back on it, I suffered a concussion and have a bit of vertigo now and then as a result, this has resulted in further time off work that I can't claim now because I accepted the offer and closed the case. If there was concussion involved talk to your doctor about any future possibilities and try account for that with the insurance company

Unknown Soldier · 29-11-2014 9:20pm

Fair play for taking the time out to write that post, Eamonnator.

Some great advice there and glad to now know it.

beauf · 30-11-2014 12:23am

Don't underestimate it anyway.

worded · 30-11-2014 12:32am

Hi, I witnessed a bike accident 5 years ago and a cyclist got thrown onto the bonnet of a car and hit the road.

I took a photo of the bike on the road and the driver tried
To make little of it while the cyclist was in shock

Anyway I wrote a statement and the cyclist went to a solicitor when he recovered.

I can get you the contact number of the cyclist and / or the solicitor if you want.

The cyclist got me a present of some clothes for my kid as a thank you and said if it wasnt for me ......

I do a bit of cycling myself.....

Crippens1 · 30-11-2014 7:32pm

Hi, just ended a two-year saga following an RTA. ROughly similar situation where I got T-boned by a right-turning car at a junction where I was going straight through. I suffered a broken wrist and other minor cuts and bruises; the bike was a totla write -off. Driver couldn't have been more apologetic and took full responsibility.
I decided to involve a solicitor for no other reason than time-pressure at work left me with little or no time to do all of the follow-up; I'm glad I did.
In short, the injury was not straightforward and I needed 2 follow up MRIs and various medical assessment all of which were organised by the solicitor.
Eventually, the insurance company offered me €28,000, the PIAB reckoned €37,000 and my solicitor negotiated €41,000. From the point of view of the time involved, the intricacies of the law, the documentation to organise, the various medical assessments required and the eventual outcome I know that I couldn't have done this on my own.
Each individual case will have its own best way to proceed and if your injuries are simple/uncomplicated then the PIAB could/should be the most straightforward. If anything is complex/complicated then, for me, a solicitor is the best person to guide you through the system.

bikenut74 · 01-12-2014 9:35am

Thanks, my injuries don't appear complicated in that I didn't break any bones but I don't want to find out in six months time that I can't sit on the bike for more than an hour because of the pain in my shoulder, neck or back as a result of this accident. It was a heavy impact on my hip from the van and I landed on the same side when I hit the ground. I might just play it by ear and speak to the company's insurance first and take it from there depending on their response.

Fian · 01-12-2014 11:08am

bikenut74 wrote: »

Thanks, my injuries don't appear complicated in that I didn't break any bones but I don't want to find out in six months time that I can't sit on the bike for more than an hour because of the pain in my shoulder, neck or back as a result of this accident. It was a heavy impact on my hip from the van and I landed on the same side when I hit the ground. I might just play it by ear and speak to the company's insurance first and take it from there depending on their response.

The insurance company will be delighted to deal directly with you without a solicitor.

That is not because insurance companies want to make claimants lives easy.

You can do it yourself but you will not have the experience to deal effectively with the insurance company yourself. The person you deal with will be trained to sound reasonable and to sound fair. They will also be trained and paid to minimise the amount the insurance company pays out. They will not be trained and paid to arrive at a "fair" figure that accurately reflects what you should receive, they will be trained to arrive at the minimum figure that will persuade you to sign on the dotted line.

You should contact a solicitor, the accident sounds sufficiently serious that you would be mad not to.

LeoD · 01-12-2014 11:36am

Eamonnator wrote: »

He made me an offer, which was about the amount, that I had decided was adequate. I made a counter offer,we discussed the matter and agreed on a figure half way between the two amounts. The following day I received offer by email. About a week later, I got a cheque for agreed amount. The amount, I received was about 15% more than the maximum amount in the Injuries Board guideline for my injury.

So despite them doing everything to make things right and offering what the injuries board guidelines state is appropriate and you felt was adequate, you still asked for 30% extra on top of that? Maybe I'm missing something here but why did you feel entitled to additional compensation?

Do I need a solicitor

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