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Car-cyclist accident reasonable solicitor costs?

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  • 13-10-2014 10:48pm
    #1
    oknepop
    Registered Users Posts: 119 ✭✭


    Hi

    About a month and a half ago I was cyclin to work and got hit by a van. The driver failed to check his left mirror and decided to take a left turn from standing still in traffic, cutting across the cycle lane, in turn running my bike over and sending me over the bonnet. I landed on my side and hot a pretty bad hit on my side, with some scarring on my arm and heavy bruising and muscle damage. The bike is for the bin.

    Overall, I think it could've turned out a lot worse. An ambulance and firetruck came to take me away, with the gardai also arriving on scene. I made a report at the garda station, where the guard agreed that it was the drivers fault.

    Long story short, I am looking to make a claim on the driver's insurance and have been quoted solicitor's costs of about 1500-2000, should I be awarded anything.

    Is this reasonable? I've never had to deal with solicitors in this capacity, so some advice would be great.


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    #2
    goz83
    Registered Users Posts: 8,034 ✭✭✭goz83


    oknepop wrote: »
    Hi

    About a month and a half ago I was cyclin to work and got hit by a van. The driver failed to check his left mirror and decided to take a left turn from standing still in traffic, cutting across the cycle lane, in turn running my bike over and sending me over the bonnet. I landed on my side and hot a pretty bad hit on my side, with some scarring on my arm and heavy bruising and muscle damage. The bike is for the bin.

    Overall, I think it could've turned out a lot worse. An ambulance and firetruck came to take me away, with the gardai also arriving on scene. I made a report at the garda station, where the guard agreed that it was the drivers faul
    t.

    Long story short, I am looking to make a claim on the driver's insurance and have been quoted solicitor's costs of about 1500-2000, should I be awarded anything.

    Is this reasonable? I've never had to deal with solicitors in this capacity, so some advice would be great.

    €1500 is about normal. More than that for a simple personal injury claim is perhaps a bit much, but 2k is not that far overboard.

    You don't have to use a solicitor if you don't want to. You can lodge your own claim with the PIAB. It costs about €50 to lodge the claim.

    However, you will need to keep all receipts for out of pocket expenses and could need a medical report, costing €300 typically. You would be able to claim for your bike too.

    No harm in phoning a different solicitor, or two, to get quotes.

    Once a claim is registered, it takes an average of 7 months for the PIAB to recommend a settlement.


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    #3
    Cookie_Monster
    Registered Users Posts: 24,488 ✭✭✭✭Cookie_Monster


    Are costs not included in the claim, isn't the whole point of insurance to make sure you're not out of pocket for someone else fault??


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    #4
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    Cookie_Monster wrote: »
    Are costs not included in the claim, isn't the whole point of insurance to make sure you're not out of pocket for someone else fault??

    If it is a personal injury claim, it must go through the Injuries Board process, which is designed to save money for insurance companies at the expense of injured people. Legal costs are generally not allowed in Injuries Board assessments. Therefore, claimants pay their own costs.

    If matters proceed beyond Injuries Board stage to court, then a court can award legal costs.


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    #5
    3DataModem
    Registered Users Posts: 3,978 ✭✭✭3DataModem


    The Mustard wrote: »
    If it is a personal injury claim, it must go through the Injuries Board process, which is designed to save money for insurance companies at the expense of injured people. Legal costs are generally not allowed in Injuries Board assessments. Therefore, claimants pay their own costs.

    If matters proceed beyond Injuries Board stage to court, then a court can award legal costs.

    You don't need a solicitor for an injuries board claim, especially if fault has been admitted.


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    #6
    jeepers101
    Registered Users Posts: 707 ✭✭✭jeepers101


    3DataModem wrote: »
    You don't need a solicitor for an injuries board claim, especially if fault has been admitted.

    I find it slightly disturbing that the OP didn't find this out from any of the solicitors he contacted.


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    #7
    oknepop
    Registered Users Posts: 119 ✭✭oknepop


    Thanks for all the advice. I got in touch with another solicitor and he gave me a similar quote. Strangely, neither told me I could pursue the claim without a solicitor (why would they?). I think I am comfortable making the application on my own.

    I have encountered a problem though. The first solicitor, with no contact from me aside from our initial (free) consultation, and no verbal or written consent or instructions, started the claims process. I never signed any kind of contract with him. The only intent to pursue this claim made to the solicitor was me saying that it was something I wanted to do (I made no implicit statement that I wanted him to start this process). I found this out today when his secretary called me to let me know that they were trying to send me some post but it came back to their office.

    I sent a polite email asking him to stop acting on my behalf, to which he responded with acknowledgement and a request for 200 euro for his services (there was no invoice attached). He said he contacted the gardai and the registration board (of what???). I understand that he needs written consent from me to contact the injuries board, and I'm not sure what the story is with the guards.

    Any advice on this? It caught me by surprise to be honest.


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    #8
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    oknepop wrote: »
    Thanks for all the advice. I got in touch with another solicitor and he gave me a similar quote. Strangely, neither told me I could pursue the claim without a solicitor (why would they?). I think I am comfortable making the application on my own.

    I have encountered a problem though. The first solicitor, with no contact from me aside from our initial (free) consultation, and no verbal or written consent or instructions, started the claims process. I never signed any kind of contract with him. The only intent to pursue this claim made to the solicitor was me saying that it was something I wanted to do (I made no implicit statement that I wanted him to start this process). I found this out today when his secretary called me to let me know that they were trying to send me some post but it came back to their office.

    I sent a polite email asking him to stop acting on my behalf, to which he responded with acknowledgement and a request for 200 euro for his services (there was no invoice attached). He said he contacted the gardai and the registration board (of what???). I understand that he needs written consent from me to contact the injuries board, and I'm not sure what the story is with the guards.

    Any advice on this? It caught me by surprise to be honest.


    Well a solicitor will know what evidence will be required if this matter has to go to court if the matter is not resolved in PIAB. So every thing he has done a prudent solicitor would do, but as you have decided to do this yourself you know that already.


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    #9
    McCrack
    Registered Users Posts: 2,969 ✭✭✭McCrack


    OP go on lawsociety.ie and look at October 2014 Gazette p18 - excellent article on the Injuries Board and the problems with it.

    Bottom line is you will get shafted before PIAB unrepresentated.

    Never aim to accept a PIAB Assessment - they never reflect the true value of a persons injuries.


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    #10
    NUTLEY BOY
    Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    Is it not the case that you can ignore a PIAB assessment and proceed to court thereafter.


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    #11
    kennM
    Registered Users Posts: 603 ✭✭✭kennM


    oknepop wrote: »
    Hi

    About a month and a half ago I was cyclin to work and got hit by a van. The driver failed to check his left mirror and decided to take a left turn from standing still in traffic, cutting across the cycle lane, in turn running my bike over and sending me over the bonnet. I landed on my side and hot a pretty bad hit on my side, with some scarring on my arm and heavy bruising and muscle damage. The bike is for the bin.

    Overall, I think it could've turned out a lot worse. An ambulance and firetruck came to take me away, with the gardai also arriving on scene. I made a report at the garda station, where the guard agreed that it was the drivers fault.

    Long story short, I am looking to make a claim on the driver's insurance and have been quoted solicitor's costs of about 1500-2000, should I be awarded anything.

    Is this reasonable? I've never had to deal with solicitors in this capacity, so some advice would be great.

    That seems about reasonable.... was involved in a car v motorbike accident a few years ago myself so know more about the process than I ever wanted to.

    Has liability been admitted and accepted by THE INSURANCE COMPANY. Insurance companies know how to "play the game", naturally.... it's what they do every day of the week. Personally I'd recommend a solicitor unless it's an absolutely trivial claim....

    Are your injuries 100% resolved? Couple of pieces of advice I'd offer here... based on experience.

    1) Keep a diary - Of all medical appointments, who you went to see, why, costs. This can be absolutely invaluable later down the road should questions arise. No harm in making it personal for your own mindset too... if pain was particularly bad, disruption to your day to day life, feeling up/down etc. By the time it comes to settling it'll be very easy to forget about the worse that you've gone through but that'll help focus your mind accordingly and help to settle at a fair figure.

    2) Keep ALL receipts - Self explanatory. Note: Mileage is also claimable. I hadn't intended on doing this myself but insurance company dragged their heals and made things as AWKWARD AS HUMANELY POSSIBLE. When I added up mileage to all out patients appointments, physio appointments, etc. It all added up into the several hundred euro mark. A reasonable rate is circa €1 per mile. I'm sure people will have an opinion here, I'm not a money grabber...... when you've gone through what I have you're opinion is valued and welcomed.

    3) Wait till you are 100% healed or your long term prognosis is crystal clear. I had an initial medico legal report 4 months after accident that said certain symptoms would resolve within 6 months. 18 months later I was in for extensive surgery twice to try and resolve the things that should have gone away all by themselves. If I'd gone early or negotiated early it would have been hard luck...... I have heard stories akin to this.

    Hope it helps and the process is as straightforward and painless as possible.


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    #12
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    NUTLEY BOY wrote: »
    Is it not the case that you can ignore a PIAB assessment and proceed to court thereafter.

    Such action may carry risks for the Plaintiff.


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