Got hit by a car

Irish Gunner

I got hit by a car and it was his fault and I have a witness. I'm not an ambulance chaser I just want to be compensated for medical costs and to fix my bike or pay for a new bike if written off and physio.

I said we would sort it out between us. I reported accident to the guards and after speaking about it I think I'll go through the insurance just to cover any future medical expenses like physio etc as that's why he has insurance.

Before anyone asks I'm meeting a solicitor this week for legal advice. I'm just looking for anyone who was in the same position and how their situation panned out

Highway_To_Hell

Only wrote about this the other day in another thread. I was hit by a car last year and ended up in hospital for 2 days- ended up getting a few pins in my hand
and in a cast for 6 weeks. driver admitted liability and full replacement cost of the bike was paid within 6 weeks by the insurance company. I had no out of pocket medical expenses as I was refereed to HSE physio (10 weeks in total) and all medical costs were covered by HSE.

Any personal injuries claims can be taken through the Piab and I think you can make a claim up to a year or two after the accident.

Unknown Soldier

Irish Gunner wrote: »

I got hit by a car and it was his fault and I have a witness. I'm not an ambulance chaser I just want to be compensated for medical costs and to fix my bike or pay for a new bike if written off and physio.

I said we would sort it out between us. I reported accident to the guards and after speaking about it I think I'll go through the insurance just to cover any future medical expenses like physio etc as that's why he has insurance.

Before anyone asks I'm meeting a solicitor this week for legal advice. I'm just looking for anyone who was in the same position and how their situation panned out

People are ass hats when it comes to money. Do not deal directly, deal with the insurance company, it's a much easier scenario. That's why they were paying for insurance in the first place, as you said.

Avoid the whole "The bank machine would only give me 400, shure I'll drop the other 100 down to you next week" crap.

Take care of yourself. You'd be surprised of the damage your accident can inflict, mentally, as well as physically.

thebiglad

Irish Gunner wrote: »

I got hit by a car and it was his fault and I have a witness. I'm not an ambulance chaser I just want to be compensated for medical costs and to fix my bike or pay for a new bike if written off and physio.

I said we would sort it out between us. I reported accident to the guards and after speaking about it I think I'll go through the insurance just to cover any future medical expenses like physio etc as that's why he has insurance.

Before anyone asks I'm meeting a solicitor this week for legal advice. I'm just looking for anyone who was in the same position and how their situation panned out

If you involve a Solicitor they will be looking for a cut of the money you receive or, a fee for representing you.

If you really only want to recover bike damages and your out of pocket medical and recovery costs you do not need a Solicitor - simply contact the insurer and see if they will deal with you directly - where you have receipted outlays you will get reimbursed. If they give you difficulty over any elements then go to a solicitor and you will be able to argue that the solicitor costs are recoverable from them as they gave you no other option.

I am assuming that, as you say the accident circumstances are straight forward and will be accepted by the driver and therefore their insurer. You will not know the insurer's position until you have contacted them and again, if they deny liability it gives you a reason to involve a solicitor and so fees will be recoverable.

You have 2 years to make any claim for injuries and costs so no need to rush straight away to a Solicitors office.

Don't rush into settling until you are sure all and any injuries have manifested or been treated - they may not all be apparent immediately. No reason though why the insurer cannot repair/replace your bike in the interim.

wpd

goto a solicitor and get what you are fully entitled to

it is nothing to do with being an ambulance chaser

you could still be going to the physio in 5 year from this accident

Sleeper12

Irish Gunner wrote:

I said we would sort it out between us. I reported accident to the guards and after speaking about it I think I'll go through the insurance just to cover any future medical expenses like physio etc as that's why he has insurance.

Tbh I believe it better for both of you to go through insurance. Its what an insurance company is for. He/she has the option of reimbursing the insurance company and keeping their no claims bonus

Eamonnator

A few years ago, I was struck by a car. There was no question about liability, I was 100% in the right. I was taken by ambulance to hospital. Hurt my wrist and had some road rash. X rays were taken, which were clear. I was discharged from hospital, went home had a look at my bike, it didn't seem to be badly damaged. Rear mech and right shifter were damaged and the saddle was slightly torn
Gardai called and I made a statement to them. They told me that the driver of the car wanted to pay for damages and they asked if the driver could call to sort things out. I said OK.
Driver called and asked how much I would accept to settle the matter. I told him that if he paid for damage to bike, I would be satisfied. I told him, I would settle for €500(Sram Red parts and Fizik saddle) He refused to pay and said he would let his insurance sort it out.
I went back to hospital for a check up the following week, they took new X-rays and discovered that two bones in my wrist were fractured. I also discovered that my carbon frame was damaged at the chain stay.
I dealt directly with the insurance company and reached a settlement with them.
Matter was concluded as soon as I was finally cleared by my doctor. I was satisfied with the settlement. It was pretty much in line with Personal Injuries Quantum Book. Damage to bike was paid as soon as I furnished details to Insurance company.
I was off my bike for seven weeks.
The amount, that I got was several times greater than the amount I was prepared to accept the day after the collision.
My advice:
Be very sure, that no injuries, to bike or body, manifest themselves after the collision and don't be afraid to deal directly with the insurance people. If you're not satisfied with how they treat you, then by all means, lawyer up.

Irish Gunner

Thanks

I have to go back to A&E for a follow up and although no initial damage who knows for the future. After meeting with them I will then contact the driver. I don't have their insurance details but have their name and reg. When I reported it to Garda they checked and told me their insurance company.
I will state to the driver I want to go through the insurance and if they disagree I will contact their insurers and deal with them directly.
I don't want to go the legal route if I can sort it out with the insurance company. However if any issues then I will go to a solicitor.

Not sure if driver said anything about accident to their insurance company but that is not my concern.

harringtonp

May seem like a silly question but how do you know his insurance details. Did you ask him for them or take them down form the windscreen disc ?

CrankyHaus

harringtonp wrote: »

May seem like a silly question but how do you know his insurance details. Did you ask him for them or take them down form the windscreen disc ?

The Gardai gave it to him. Exchanging the Insurance details of the parties is one of their duties in the event of an accident.

Eamonnator

CrankyHaus wrote: »

The Gardai gave it to him. Exchanging the Insurance details of the parties is one of their duties in the event of an accident.

When you're involved in a collision with a car, you're entitled to what is known as appropriate information. This includes name and address, registration number and insurance details of the driver. You can ask for this information yourself or a garda can demand it from the driver.

CorneliusJames

I was hit about 4 years ago.

Badly concussed and other injuries.

The motorist was totally at fault.

I reported it to the Gardai who were initially uninterested and dismissive until I showed them the GoPro video.

I was advised to go to a solicitor, which I did. My friend who advised made a good point, the motorist may have a record in dangerous driving or causing injury. Therefore, I had an obligation to other road users.

I used Ferrys and I found them to be brilliant - they allayed my worries and explained that I would be making a claim on their motor insurance policy and it wasn't a personal claim.

For me, it was cut and dry as I had GoPro footage of the incident.

Definitely, do not settle this between you and the driver - you've no idea what they might do - they could sue, they could say you were harassing them and so on... hassle you don't need.

Best of luck

Mercian Pro

There are plenty of other threads here on Boards dealing with this issue. Do a search or just follow Eamonnator's advice above.

Wesser

Unknown Soldier wrote: »

People are ass hats when it comes to money. Do not deal directly, deal with the insurance company, it's a much easier scenario. That's why they were paying for insurance in the first place, as you said.

Avoid the whole "The bank machine would only give me 400, shure I'll drop the other 100 down to you next week" crap.

Take care of yourself. You'd be surprised of the damage your accident can inflict, mentally, as well as physically.

I think you should not encourage the victim to make an exaggerated claim about his mental health
Your statement is highly suggestive that he should do that . There are many threads here on boards especially on after hours about exaggerated claims.

Irish Gunner

I am not going to a Solicitor yet

Going to ring the driver and say that I am stating that I am going through the insurance and then if any issues then I will contact the solicitor. I just want to be reimbursed for costs and for physio,who knows how long that will go on for?

I have his Insurance company(I got this from the Garda) so will ring them but don't have his policy number. If I cant get anywhere with them then I will contact the solicitor

site_owner

you dont have to call him, his insurance will let him know.
i doubt he will be happy so why put yourself through the stress.
you dont have to answer your phone if he rings you either.

magicbastarder

Wesser wrote: »

I think you should not encourage the victim to make an exaggerated claim about his mental health
Your statement is highly suggestive that he should do that . There are many threads here on boards especially on after hours about exaggerated claims.

well, that was a little bit out of left field. i see no such suggestion implied in any way.

Irish Gunner

I'm not putting in exaggerated claim however driver now saying

If I go through the insurance you will put me out of work xxxxx euro this year with no claims i rent my car xxx a week

Its now seems to be a legal issue. I don't want guy out of work but he hit me and I just want to make sure I'm compensated no personal injury claims exaggerated claims etc

I just don't want settle out of insurance and then injury flames up again maybe it won't who knows.

Think it's case for solicitor.

site_owner

Irish Gunner wrote: »

I'm not putting in exaggerated claim however driver now saying

If I go through the insurance you will put me out of work xxxxx euro this year with no claims i rent my car xxx a week

Its now seems to be a legal issue. I don't want guy out of work but he hit me and I just want to make sure I'm compensated no personal injury claims exaggerated claims etc

I just don't want settle out of insurance and then injury flames up again maybe it won't who knows.

Think it's case for solicitor.

Honestly, don't be guilted by this guy.
Report it to his insurance and screen anymore calls from him. His issues are not your worry.

A solicitor will be about 2-3k to file the piab submission I think. You can do it yourself for much less. His insurance will also make a settlement offer if they think he was at fault.

His insurance finding out that he's up to something with a dodgy policy is also his problem not yours