Compensation for Cyclist Doored by Car

blackvalley

If you decide to go the legal route and lodge a claim then it’s important to remember the following.

If you can incorporate the terms “ traumatised “ and or “ flashbacks “ into the claim it is guaranteed to move the decimal point at least two places to the right in any final payment .:rolleyes:

hullaballoo

If you believe that psychological injuries add that kind of value to claims, you are criminally misinformed. Typically, you'll see psychological injuries bump a claim up by maybe a few percent.

Corholio

Far as I can see the OP gave an honest account of what happened, noted a slight later injury and was enquiring whether there was compensation for the injury, or any loss they may suffer from it, however non serious it is. I don't see anything wrong with that, they are just asking for advice. People always have to jump to the 'oh they are only looking for money' at the first opportunity. I'm surprised the whole 'no wonder the premiums are so high' took so long to be yet again shoehorned into another discussion about anything to do with something that happened on the road.

Patrick2010

60k for a sore knee, wonder how the OPs injury compares?

http://www.independent.ie/irish-news/courts/audrey-fitzpatrick-settles-60000-damages-claim-against-dublin-city-council-and-irish-water-34701896.html

She claimed she injured her left knee which she had x-rayed at Beaumont Hospital. No bone injury had been detected apart from bruising and tenderness of the left patella area.
In her civil bill Fitzpatrick, who will celebrate her 48th birthday next Tuesday, May 17, stated that due to a liver condition she had been unable to take strong painkillers. Following the fall she complained of intermittent aching in her knee and had been unable to wear high heels.

Raven Runner

Had a fall on my knee on the road there a while back nothing showed up on the x ray but I couldn't do any exercise for 6 weeks any time i tried the knee would swell back up, It was sore going down stairs or sitting for long periods of time going to the cinema was painful, hopefully you'll recover quickly all the best.

blackvalley

" Post traumatic stress " is normally a nice little earner as well.:D

Pro Hoc Vice

Patrick2010 wrote: »

60k for a sore knee, wonder how the OPs injury compares?

http://www.independent.ie/irish-news/courts/audrey-fitzpatrick-settles-60000-damages-claim-against-dublin-city-council-and-irish-water-34701896.html

She claimed she injured her left knee which she had x-rayed at Beaumont Hospital. No bone injury had been detected apart from bruising and tenderness of the left patella area.
In her civil bill Fitzpatrick, who will celebrate her 48th birthday next Tuesday, May 17, stated that due to a liver condition she had been unable to take strong painkillers. Following the fall she complained of intermittent aching in her knee and had been unable to wear high heels.

Look closely at the article and point out where it settled for €60,000 before you point at the headline I will translate typical media headlines in personal injuries case.

Plaintiff takes claim in circuit court where highest award can be made is €60,000 and settles case and as we don't know if the figure is €0 or any amount upto €60,000 we just put in a lazy headline.

hullaballoo

I had a post on this exact point over on Motors earlier where the practice of reporting claims as the maximum jurisdictional amount leads to problems...

http://www.boards.ie/vbulletin/showthread.php?p=99670564#post99670564

hullaballoo wrote: »

The rest of your post is spot on but there seems to be some misinformation about what happened to the DC and CC jurisdictional limit changes.

District Court limit went up from approx. €8,000 to €15,000. Circuit court went up from approx. €40,000 to €60,000 for personal injuries claims.

The jurisdictional limits also cause a bizarre phenomenon in the old media whereby claims are reported as being for the maximum jurisdictional limit, even when the actual claim is for far less.

If I have a case that I think is worth, say, €14,000-€16,000, proceedings will commence in the Circuit Court because if I was to take it in the DC, the claim cannot be for more than €15,000. In other words, the claimant could be losing out on €1,000 or more because I took the case in the DC instead of the higher jurisdiction.

In the mainstream media, my claim for €14-16,000 will be reported as being for €60,000, the jurisdictional limit of the Circuit Court. This overinflation of claims and their supposed value leads to a number of serious consequences not just for the individuals involved but for the legal profession, insurance companies and arguably society as a whole.

In the above article, this erroneous valuation of the claims is applied and that's where the figures are coming from - 5 x €60,000 = €300,000.

If these fraudsters were claiming for injuries in a rear-ending that they walked away from, it's likely to be whiplash/soft tissue with a max value of €14-16,000. Now obviously, their actions are indefensible and I agree that they should be pursued by MIBI and AGS in relation to what they have done. This whole post is just to make people aware that the figures are way out of kilter with reality.

Also, the legal costs would be a third to a half of the €100,000 in the article - they just pull legal costs figures out of thin air fwics.


EDIT: Just another point on the jurisdictional limits. There will be a decrease in the level of awards and the legal costs associated with claims as a result of the change in limits. If you believe insurance companies about the reasons for the expense of motor insurance, then they will reduce premiums in line with the costs savings resulting from the changes in jurisdiction, leading to lower awards and lower legal costs being payable. If.

Canadel

Paulw wrote: »

Compensation for what?

Physical damage (of which the Op may be entirely unaware of until he visits a doctor and subsequently may require an x-ray)

Psychological damage (of which may not come across in an online forum post but may still exist)

The Op never states that they intend to con the state out of compensation but rather inquired whether they might be entitled to it. I know the word entitlement has become a dirty term among the boards elite but that kind of antagonising curt response is neither helpful nor informative.

Contributor 2013

Canadel wrote: »

Physical damage (of which the Op may be entirely unaware of until he visits a doctor and subsequently may require an x-ray)

Psychological damage (of which may not come across in an online forum post but may still exist)

The Op never states that they intend to con the state out of compensation but rather inquired whether they might be entitled to it. I know the word entitlement has become a dirty term among the boards elite but that kind of antagonising curt response is neither helpful nor informative.

#litigationnation