cycling accident - solicitor recommendations

laobhaise

I'd welcome advice from others who have been in a cycling accident and secured the services of a solicitor for personal injury claim. If you could recommend a solicitor for this, that would be great (maybe PM me). i'd also welcome advice from those who made a claim against a local authority.

laobhaise

Weepsie wrote: »

Personally, I'd use the solicitor as a last resort. Should all really be taken care of by insurance company and possibly injuries board. Solictor is just another layer of bureaucracy that's not needed in most cases unless they are playing hard

Yes Weepsie, I've been reading posts to that effect but I'm going to contact a few solicitors just to get their opinion at this stage.

robyntmorton

I did take on the services of a solicitor for my claim, but as has been pointed out, this is not the norm. The injuries board process is (was) designed to not need a full legal service behind you. If the other party is not playing ball, then you should get a solicitor involved, but it shouldn't be necessary.

Also keep in mind that injuries board claims do not (or did not) include solicitor costs, so you pay that yourself.

Crippens1

All things being equal a solicitor is not necessary. Unfortunately, things aren't always equal.

I suffered a broken wrist a few years back and the driver involved admitted full responsibility, his insurance company were very cooperative, and the PIAB made an assessment of the injury and recommended an amount in compensation for the fracture. So far so good.

However, the PIAB were not prepared to offer any opinion on the MRI scan report stating that future arthritic complications might occur. The driver's insurance firm weren't prepared to make any assessment of this either. Therefore, I got a lawyer involved who processed the claim over a period of about 18 months. In the end the amount I was paid was significantly greater than the insurance company was prepared to offer which in turn was significantly greater than what the PIAB had assessed.

km991148

Sorry to jump on this thread.

I was hit by a car a few months ago and still have injuries. I done nothing much about it at the time (I think I was in shock etc) and didn't get the insurance details (only the number of the driver).

I seen a Dr at the time and have had some physio - Not sure what course of action to take now but feel a bit daft for not pursuing it at the time. Any suggestions?

average_runner

Crippens1 wrote: »

All things being equal a solicitor is not necessary. Unfortunately, things aren't always equal.

I suffered a broken wrist a few years back and the driver involved admitted full responsibility, his insurance company were very cooperative, and the PIAB made an assessment of the injury and recommended an amount in compensation for the fracture. So far so good.

However, the PIAB were not prepared to offer any opinion on the MRI scan report stating that future arthritic complications might occur. The driver's insurance firm weren't prepared to make any assessment of this either. Therefore, I got a lawyer involved who processed the claim over a period of about 18 months. In the end the amount I was paid was significantly greater than the insurance company was prepared to offer which in turn was significantly greater than what the PIAB had assessed.

And if you don't get these " future arthritic complications" do you have to pay so much back?

See this is the problem with our system, you should of gotten x amount for your losses and then if the other thing occurs, you x amount to help with that in the future.

Not your fault just the system

Chuchote

km991148 wrote: »

Sorry to jump on this thread.

I was hit by a car a few months ago and still have injuries. I done nothing much about it at the time (I think I was in shock etc) and didn't get the insurance details (only the number of the driver).

I seen a Dr at the time and have had some physio - Not sure what course of action to take now but feel a bit daft for not pursuing it at the time. Any suggestions?

Ask your doctor, maybe, s/he will have more experience.

Crippens1

average_runner wrote: »

Not your fault just the system

Agreed, I thought the PIAB procedure worked well (and fast) but my situation seems to be quite common where they are not prepared to consider potential complications in the future, or any injuries/aspects of an injury that are not covered by their standard assessment procedures.

Right now, if I have nothing in the future then I've been over-compensated. But if I have a problem in the future that could bring significant health issues or even significant future costs; who knows if I've been compensated adequately?

In short, if I have future problems then the diagnosis at that future time should be assessed by the PIAB.

laobhaise

Crippens1 wrote: »

All things being equal a solicitor is not necessary. Unfortunately, things aren't always equal.

I suffered a broken wrist a few years back and the driver involved admitted full responsibility, his insurance company were very cooperative, and the PIAB made an assessment of the injury and recommended an amount in compensation for the fracture. So far so good.

However, the PIAB were not prepared to offer any opinion on the MRI scan report stating that future arthritic complications might occur. The driver's insurance firm weren't prepared to make any assessment of this either. Therefore, I got a lawyer involved who processed the claim over a period of about 18 months. In the end the amount I was paid was significantly greater than the insurance company was prepared to offer which in turn was significantly greater than what the PIAB had assessed.

_______________________________

thanks Crippens1. I've read similar posts to your story on boards.ie.
Its really useful to know this information on 'the system' before jumping into it.

robyntmorton

I find the bit posted by Crippens1 RE: future treatment expenses to be quite interesting, as it was not the same in my case.

I will not get into the vulgarities of figures, but my case involved a fractured tooth, requiring a crown. When the other party did play ball, eventually, an independent specialist examined the repair by my own dentist, concurred with findings, and said that future replacement would be necessary, as the repair had a finite lifespan. In the PIAB settlement, these costs were included.

It may all come down to the exact wording used, but future treatment costs included are not unheard of.

Wishbone Ash

OP - was any other vehicle/person involved in your accident? Judging by your reference to a local authority, I'm thinking your potential claim is related to infrastructure.

km991148 wrote: »

Sorry to jump on this thread.

I was hit by a car a few months ago and still have injuries. I done nothing much about it at the time (I think I was in shock etc) and didn't get the insurance details (only the number of the driver).

I seen a Dr at the time and have had some physio - Not sure what course of action to take now but feel a bit daft for not pursuing it at the time. Any suggestions?

First things first - have you reported it to the Gardai? You have an obligation to report any accident where you have suffered an injury. (The other party may have reported it).

magicbastarder

Wishbone Ash wrote: »

OP - was any other vehicle/person involved in your accident? Judging by your reference to a local authority, I'm thinking your potential claim is related to infrastructure.

yeah, i was wondering the same, which will make determining liability possibly a lot less clear cut.

secman

magicbastarder wrote: »

yeah, i was wondering the same, which will make determining liability possibly a lot less clear cut.

There's a separate thread... came across a patch of oil on the road and dropped the bike.might have broken a wrist....
Got mixed replies on original thread


http://touch.boards.ie/thread/post/101461230

Obviously I don't know how to post a link

ED E

@OP: If its the council for negligence you may be outside the PAIB remit.

@km991148: You're still within your right to apply. Its a chunk of paperwork and you can be asked by the other side to be assessed by their medical professionals of choice but you totally do not need a solicitor. I've seen said advising for it on boards before but that's dishonest and just a cheap shot at getting a cut of the pie.

The only pitfall is most of the time insurance firms will make a predetermination offer when you get to the assessment que. They will lowball you as much as 50% expected in the hope that you're desperate for funds. Fool on you if you accept.

Wishbone Ash

secman wrote: »

There's a separate thread... came across a patch of oil on the road and dropped the bike.might have broken a wrist....
Got mixed replies on original thread


http://touch.boards.ie/thread/post/101461230

Obviously I don't know how to post a link

http://www.boards.ie/vbulletin/showthread.php?p=101461230

on_the_nickel

Got hit by a car last week and have a few broken bones. Driver admitted liability to the Guards and their insurance company rang me yesterday.

Can anyone advise as to how long it took to go through the process with the PIAB? Am I correct in assuming it doesn't include compensation for bike etc?

laobhaise

@ED E, no other person involved.

@on_the_nickel - i think its about 6-9 months.

Wishbone Ash

on_the_nickel wrote: »

.... Am I correct in assuming it doesn't include compensation for bike etc?

When I had an accident in 2012 (100% driver error) the driver's insurance company suggested settling the claim in two parts. The first was material damages so I was compensated for a replacement bike, helmet and clothing. This was done very quickly as in a week or two as I recall being still bandaged up and very sore (3 broken bones) when choosing my new bike.

The personal injuries bit was done later (but was not through the PIAB).

Fian

laobhaise wrote: »

I'd welcome advice from others who have been in a cycling accident and secured the services of a solicitor for personal injury claim. If you could recommend a solicitor for this, that would be great (maybe PM me). i'd also welcome advice from those who made a claim against a local authority.

If you are proposing to sue a local authority because you believe an accident was caused by the condition of the road be aware that you will face an uphill battle. Such cases are not straightforward. If you are claiming because you slipped off your bike on a patch of oil on the road you will face a steeply uphill battle (from other thread linked earlier.)

If you want a solicitor recommendation you should mention where you are based - what part of the country.

rollingscone

ED E wrote: »

@OP: If its the council for negligence you may be outside the PAIB remit.

@km991148: You're still within your right to apply. Its a chunk of paperwork and you can be asked by the other side to be assessed by their medical professionals of choice but you totally do not need a solicitor. I've seen said advising for it on boards before but that's dishonest and just a cheap shot at getting a cut of the pie.

The only pitfall is most of the time insurance firms will make a predetermination offer when you get to the assessment que. They will lowball you as much as 50% expected in the hope that you're desperate for funds. Fool on you if you accept.

Insurers are obliged to make what they believe is a fair offer and share the basis (i.e. your medical report) of their offer.

However general damages (pain and suffering) are calculated based on the time until the symptoms resolve so if you settle after 3 months you might get half of what you'll get after 6 months (if the medical evidence suggests you might not be fully recovered).


Solicitors and non-legal Personal Injury services will usually be paid out of your settlement unless the case goes into litigation which usually takes a year or more (unless the insurer or PIAB reject the claim which speeds up the move to litigation).

The Injuries board costs €45 and you can still get a solicitor after you go through the process.

Mercian Pro

on_the_nickel wrote: »

Got hit by a car last week and have a few broken bones. Driver admitted liability to the Guards and their insurance company rang me yesterday.

Can anyone advise as to how long it took to go through the process with the PIAB? Am I correct in assuming it doesn't include compensation for bike etc?

My dealings a few years ago with the Injuries Board took about 12 months from the time I referred the claim to them. Their recommendation included General Damages (pain & suffering); A&E and other Hospital Expenses; Property Damage including my bike, helmet and jacket and a refund of their Application Fee.

When I contacted my solicitor early in the process, he advised me to go the Injuries Board route and only to come back to him if I wasn't happy with their recommendation or if the insurance company didn't accept it.

Following a more recent collision, I decided to deal directly with the insurance company and was happy that I got a fair settlement covering both bike damage and my injuries.

on_the_nickel

Mercian Pro wrote: »

My dealings a few years ago with the Injuries Board took about 12 months from the time I referred the claim to them. Their recommendation included General Damages (pain & suffering); A&E and other Hospital Expenses; Property Damage including my bike, helmet and jacket and a refund of their Application Fee.

When I contacted my solicitor early in the process, he advised me to go the Injuries Board route and only to come back to him if I wasn't happy with their recommendation or if the insurance company didn't accept it.

Following a more recent collision, I decided to deal directly with the insurance company and was happy that I got a fair settlement covering both bike damage and my injuries.

Thanks for this - so, and understanding you've an extremely limited sample size, you would not bother with the PIAB if insurance company seem to play fair?

Fian

on_the_nickel wrote: »

Thanks for this - so, and understanding you've an extremely limited sample size, you would not bother with the PIAB if insurance company seem to play fair?

You won't have the experience to properly guage whether the insurance company that "seems to play fair" is actually playing fair. The company has an obligation to its shareholders, not to the people it is compensating, and will seek to minimise costs associated with paying out. I don't mean they will low ball you to the point that they will get in trouble, but they will seek to pay the minimum they can get away with. They would be acting improperly if they didn't - that is their obligation to their shareholders.

At the very least your should involve PIAB. You should not settle with the insurance company without PIAB being involved. You have several broken bones.

My personal opinion is that I would also engage a solicitor in your circumstances, but you will make your own call on that.

rollingscone

If your injury is resolving quickly and is relatively straightforward then direct settlement might well be the way to go.

If it's going to drag on or is something more complex than sore muscles it will probably be in your best interest to go to the injuries board.

Solicitors aren't wizards and pain and suffering is a subjective thing

The first expert you should heed is your Dr and after that yourself because no one else is feeling your symptoms.

on_the_nickel

Fian wrote: »

You won't have the experience to properly guage whether the insurance company that "seems to play fair" is actually playing fair. The company has an obligation to its shareholders, not to the people it is compensating, and will seek to minimise costs associated with paying out. I don't mean they will low ball you to the point that they will get in trouble, but they will seek to pay the minimum they can get away with. They would be acting improperly if they didn't - that is their obligation to their shareholders.

At the very least your should involve PIAB. You should not settle with the insurance company without PIAB being involved. You have several broken bones.

My personal opinion is that I would also engage a solicitor in your circumstances, but you will make your own call on that.

Typing is a balls with my bad hand but I should have clarified that by adding 'if they make what I consider a fair offer'.

Unknown Soldier

After my accident, I negotiated my claim directly with the insurance company. They did, in fairness, make me aware of all the other alternatives. Repeatedly.

Just before I settled I took on the advice of a solicitor, just to make sure I had everything covered. I wasn't looking for free legal aid or anything like that, I just wanted to make sure my injuries were future proof, if that makes sense.

There was quite a chasm between what the solicitor reckoned I was due and what I had negotiated.

I'm not bringing a lot to the party here, but i'd advise to anyone reading this historically, never deal with individuals, they pay insurance for a reason... And it makes the process a lot easier on you.

Mercian Pro

on_the_nickel wrote: »

Thanks for this - so, and understanding you've an extremely limited sample size, you would not bother with the PIAB if insurance company seem to play fair?

The Injuries Board publish a Book of Quantum (it's on their website) that puts a value on most types of injury. You can get a rough idea of what they will recommend based on this. Insurance companies are well aware of this too and will often offer something a bit less than this but you can haggle. The difficulty can be in deciding if your injury is in the mild, medium or severe category. There is talk of the BoQ being revised based on Court awards over the past few years.

Wishbone Ash

Is it just me or does there seem to be a huge interest among boards.ie posters to rush to line the pockets of the legal profession. I'd consider the use of a solicitor as a matter of last resort.

dreamerb

Wishbone Ash wrote: »

Is it just me or does there seem to be a huge interest among boards.ie posters to rush to line the pockets of the legal profession. I'd consider the use of a solicitor as a matter of last resort.

I don't think that's quite fair. I used a solicitor for a claim quite a few years back, but when PIAB was in place. It wasn't a totally simple claim, and an experienced solicitor can help. I found the driver's insurers difficult to deal with, annoyingly insistent, but very vague about any possible settlement. As it happens, I'd have settled for less than either the Book of Quantum or my solicitor suggested if they hadn't been so arsy about it.

And the PIAB process is fine for people who are good with bureaucracy, but plenty of people find it difficult and may benefit from guidance and expert advice through it.

tldr:depends on circumstances, claimant and insurer. Getting a solicitor is not a moral failing.

benneca1

What happened to harden the F up. There are two types of cyclists those who have recently crashed and those who will. Dust yourself down and get on with it unless there was clearly another at fault. Cycling on two wheels in winter carries its own risk that is just the way it is. Keep your eyes opened and take it a bit handy.

Wishbone Ash

dreamerb wrote: »

I don't think that's quite fair. I used a solicitor for a claim quite a few years back, but when PIAB was in place. It wasn't a totally simple claim, and an experienced solicitor can help. I found the driver's insurers difficult to deal with, annoyingly insistent, but very vague about any possible settlement. As it happens, I'd have settled for less than either the Book of Quantum or my solicitor suggested if they hadn't been so arsy about it.

And the PIAB process is fine for people who are good with bureaucracy, but plenty of people find it difficult and may benefit from guidance and expert advice through it.

tldr:depends on circumstances, claimant and insurer. Getting a solicitor is not a moral failing.

I was mainly commenting on the way many recommend rushing to a solicitor in the first instance regardless of what is to follow. A difficult case is different.

magicbastarder

benneca1 wrote: »

What happened to harden the F up.

yeah, whatever happened to bulldozing your way past the smashed bike, or past the CT scan/broken collar bone/decreased sexual potency?

benneca1

Stuff happens to us all it really pisses me off that we have to sue That attitude got mountain bikes banned from all coillte land no farmer will let anyone in and rightly so. If we all took responsibility for our own actions then the world would be a better place.

Eamonnator

benneca1 wrote: »

Stuff happens to us all it really pisses me off that we have to sue That attitude got mountain bikes banned from all coillte land no farmer will let anyone in and rightly so. If we all took responsibility for our own actions then the world would be a better place.

Surely part of that responsibility is having insurance, in case something goes wrong.
At least part of the problem with Coillte was caused by bikers going, where they had no permission to go.

@benneca1
can you give me an example of a biker suing Coillte, where no Cycling Ireland insurance indemnity was in place?

groovyg

benneca1 wrote: »

Stuff happens to us all it really pisses me off that we have to sue That attitude got mountain bikes banned from all coillte land no farmer will let anyone in and rightly so. If we all took responsibility for our own actions then the world would be a better place.

While they might be banned it hasn't stopped mountain bikers from cycling on Coillte lands

Wishbone Ash

benneca1 wrote: »

.... If we all took responsibility for our own actions then the world would be a better place.

Taking responsibility for one's actions includes making good on damage caused.

I was cycling along minding my own business when I was taken down by an errant motorist. Are you suggesting that I should have paid my own medical bills, lost wages and a replacement bike?

If someone drove a truck into the side of your house tonight, would you just shrug it off and HTFU?

Chuchote

Weepsie wrote: »

But I share bennecas frustration with the continuing shift to becoming a litigious society looking to screw each other every chance we get.

I see no evidence of this.

benneca1

Weepsie wrote: »

I'm assuming benneca is giving out more about the accidents in which there is no other parties at fault. Thiose which are just accidents.

The op had an accident which involved oil on the road. They had a pretty serious break, so is naturally trying to cover costs, or a portion blame somewhere. However they have not given many particulars so it sounds like oil on road, slipped, had a bad accident and is now trying to claim from council. We mostly all bemoaned that eejit in wicklow who successful sued for her own carelessness in the mountains, and on the very face of it this might appear similar.

However, as I said we don't know the particulars so it may not be.

There's frequently oil on the road, fractured my elbow because of it this year. Not the council's fault though. Fractured/broken shin, is a lot more serious so OP is going to look at all options to help alleviate he burden of cost I imagine.

Hard to htfu from a broken shin. But I share bennecas frustration with the continuing shift to becoming a litigious society looking to screw each other every chance we get.

This is exactly my point collision with car someone is responsible one or other of parties did something wrong. However cycling your bike and youcome down then you and you alone should take responsibility tough but thats the way it is.

AndrewJRenko

Weepsie wrote: »

I'm assuming benneca is giving out more about the accidents in which there is no other parties at fault. Thiose which are just accidents.

The op had an accident which involved oil on the road. They had a pretty serious break, so is naturally trying to cover costs, or a portion blame somewhere. However they have not given many particulars so it sounds like oil on road, slipped, had a bad accident and is now trying to claim from council. We mostly all bemoaned that eejit in wicklow who successful sued for her own carelessness in the mountains, and on the very face of it this might appear similar.

However, as I said we don't know the particulars so it may not be.

There's frequently oil on the road, fractured my elbow because of it this year. Not the council's fault though. Fractured/broken shin, is a lot more serious so OP is going to look at all options  to help alleviate he burden of cost I imagine.

Hard to htfu from a broken shin. But I share bennecas frustration with the continuing shift to becoming a litigious society looking to screw each other every chance we get.

I disagree with the 'no-one was at fault' - accident - kind of thinking. There is nearly always someone at fault.
If there is oil on the road, someone put it there - whether through a leaking tank or whatever. Someone is at fault.

In practical terms, it may well be difficult or impossible to find the cause of the fault, but it's still not an 'accident'.

laobhaise

benneca1 wrote: »

What happened to harden the F up. There are two types of cyclists those who have recently crashed and those who will. Dust yourself down and get on with it unless there was clearly another at fault. Cycling on two wheels in winter carries its own risk that is just the way it is. Keep your eyes opened and take it a bit handy.

Benneca, my original post sought advice - helpful advice if at all possible. This response lacks empathy and is just bad form.

benneca1

My basic point is if you came off your bike and no one else was involved then hard luck my sympathies but get over it we have all been there. You should have seen the hazard.
If your incident involved another then fair enough but post your query in legal as it is a legal issue not a cycling one. I would hate to see this forum used to facilitat the compo culture that ultimately will bugger the sport for everyone

benneca1

My basic point is if you came off your bike and no one else was involved then hard luck my sympathies but get over it we have all been there. You should have seen the hazard.
If your incident involved another then fair enough but post your query in legal as it is a legal issue not a cycling one. I would hate to see this forum used to facilitat the compo culture that ultimately will bugger the sport for everyone

Chuchote

Seen the hazard… hmm…

I see they're doing a weird kind of mending on some of those wheel-grabbing potholes on Leinster Road that you can't see in the dark - they're filling them with cement. Which is going to be even more dangerous when it breaks up.