Solicitors for cyclists

CramCycle

Involved in a collision, that I won't go into as its being reviewed at the minute, but the lady who hit me has now changed her story and is refusing to pay for damages to my bike. Despite what everyone tells me I am not looking for personal injury compensation. I just want the cost to repair my bike and the day of work I missed. I really hate the compo culture, everyone is telling me to take her to the cleaners, but despite her change in attitude, I don't agree with it.

I am confident I am in the right as the Gard told me mentioned off the record that it was clear she changed her story but now I am at a loss as to what to do as her insurance company won't talk to me unless she admits it or another insurance company contacts them.

I feel i will have to go down the solicitors route to recover the damage cost to my bike. Is this the right route or who should I be talking to. Like I said, I don't want to discuss it to much until its resolved but any help would be appreciated.

So far every solicitor I have talked to has said that unless I claim personal injury there is nothing they can do to hepl me as they can't deal with material claims only?!?

On a side note for discussion, and this may have been done before, I am not the most moral of people at the best of times but I still want to retain some dignity by refusing to jump in on this compo culture. Am I just being a fool by not taking advantage like everyone else (opinions won't change my mind on this, I am just wondering).

hshortt

Can you talk to her and tell her exactly that? She changed her story and you would letting her know that you can do the same.

Good luck,

Russman

I know of a recent similar situation involving two cars as opposed to a bike and a car. The injured party went to the Gardai and requested that the other driver (who admitted it was his fault at the scene and then changed his mind a few days later) be prosecuted for dangerous driving and/or driving without due care and attention. Driver then admitted it and the insurance is going to settle. Only downside is that the Garda charge can't be withdrawn and they're obliged to investigate and follow it through.

Might be worth looking into that avenue.........

CramCycle

hshortt wrote: »

Can you talk to her and tell her exactly that? She changed her story and you would letting her know that you can do the same.

Good luck,

Its illegal to change your story afterwards unless their is good cause (ie you genuinely made a mistake or shock/concussion forced an error when giving a statement)

She hasn't answered her phone to me at all and she has my number, she just doesn't want to talk.

She can be prosecuted for lying to a Garda for changing her story, AFAIK, that is one of the things that the Garda was hinting at

unofficially

CramCycle

Russman wrote: »

I know of a recent similar situation involving two cars as opposed to a bike and a car. The injured party went to the Gardai and requested that the other driver (who admitted it was his fault at the scene and then changed his mind a few days later) be prosecuted for dangerous driving and/or driving without due care and attention. Driver then admitted it and the insurance is going to settle. Only downside is that the Garda charge can't be withdrawn and they're obliged to investigate and follow it through.

Might be worth looking into that avenue.........

I'd rather just get my costs but if it turns out she is a complete ass, I might consider it.

LeadSinger

http://www.citizensinformation.ie/categories/justice/courts-system/small_claims_court

Cabaal

While I too hate the compo culture I'd start adding something for every week or month your claim drags on, not a crazy amount but something reasonable.

After all your entitled to getting your bike etc sorted and for every day it drags on its more of a problem

Al Wright

In my opinion the driver 'rationalised' the situation, she has convinced herself that she is in no way at fault here, in other words she has learned nothing and is as dangerous to others as ever.
I believe that it is now important to pursue the matter via the Garda, (I beleive that cases such as those are treated with automatic 2 penalty points, no Court involvement). If Garda confirm this route, then you may then have to lodge a claim for recovery of costs in the Small Claims Court

Bunnyhopper

I sympathise with your attitude to the compo culture, but if the alternative to pursuing a claim is that you have to pay for someone else's mistake and that that person (as Al Wright says) faces no consequences for a mistake that was bad enough to damage your bike then you might well have to reconsider. If she won't even talk to you and her insurance company won't even talk to you then unfortunately you might just have to force them to listen.

If you did get personal injuries compo and felt uncomfortable with it then you could always give it to an appropriate charity or something like that.

Cabaal

Bunnyhopper wrote: »

If you did get personal injuries compo and felt uncomfortable with it then you could always give it to an appropriate charity or something like that.

Actually this is a pretty good idea and atleast then your not giving into the compensation culture, the second you get any compensation announce your donating it to charity.

That way your not just ignoring your morals and your case could be of great benefit to people that really need it most

macken04

Yes there is something you can do. You have to right to take her to the district court, not the small claims court as mentioned above. You need to do all of this in wirting and preferably by registered mail. Informing both and her insurance company of your intention to sue them through the relevant court. You may need to employ some legal advice on this matter, however these costs can be recovered through lay suit. You should of a matter of haste contact the number listed in this [HTML]http://www.citizensinformation.ie/categories/justice/courts-system/district_court_civil_juris[/HTML] link.

cantalach

I recently emerged from a protracted legal dispute. It had nothing to do with cycling or driving so I won't bore everyone with the details. But the relevance to your situation is that my wife and I started out with a similar attitude to you. We just wanted what was rightly ours and weren't trying to take the piss. Even when the other party told a bare-faced lie we stupidly persisted in trying to resolve it without resorting to the law. Big mistake. Before we knew it we were swamped in solicitor's letters detailing trumped up counter-claims and threatening high court action. The other party had effectively gotten the jump on us legally and put us on the back foot. The lies they told just kept getting bigger and bigger and the amounts of money sought got progressively scarier. Honestly, some of the stuff they concocted was just off the scale. The whole thing was very stressful and went on for 18 months. It cost us money, a lot of grey hairs, and a huge loss of confidence in human decency. We now know that the instant we realised that the other party had no compunction at all about lying was the time to go down the legal route.

jeffwode

Talk to Vincent Crowley of Collins Crowley, Bow Street in Smithfield. he's an excellent solicitor and a serious cyclist. http://ccsolr.com/

For the record, you don't have to sue her insurance company. You can sue her personally and it's up to her whether or not she involves her insurance company. She's the one who damaged your bike, not the insurance company.

blorg

You will just cost more from both of you going to a solicitor. Just tell her you are putting a claim in with the PIAB if necessary. Were there NO injuries? No scratches or bruises? Frankly I am all for give and take but if the other party is being a stubborn idiot?

BostonB

Al Wright wrote: »

In my opinion the driver 'rationalised' the situation, she has convinced herself that she is in no way at fault here, in other words she has learned nothing and is as dangerous to others as ever....

I didn't chase someone, and ignoring the injuries that appeared later, it was the above that I most regret.

CramCycle

blorg wrote: »

Were there NO injuries? No scratches or bruises?

My arm is scarred and my knee was out of commission for an evening as well as the freakiest bump on the back of my head, nothing that concerns me though, are scratches and bruises that big a deal? people keep pointing them out in conversation.

Gophur

Make contact with the driver's Insurance company. She'll pay, through the nose, for failure to settle privately.

That's the purpose of insurance.

seamus

I'd be the same as you Cram - cuts and bruises heal, and so long as my ability to live my life hasn't been affected (i.e. I haven't broken any bones or spent time in traction), then please just pay for the damage to my bike and we'll be on our way.

However, if I got an inkling that the other driver wasn't willing to play nice, I'd be straight down the legal route. It's not a uniquely Irish issue, we're just very adept at it - we like wriggling out of things, and you're seen as a hero if you can shirk your responsibilties and come out unscathed.

Her insurance company are fobbing you off - they don't only have to speak to another insurance company - but presumably you don't have the expertise to deal with this, so I would go the solicitor route. Personal injuries don't have to be a crazy amount of money - a few doctor's bills, maybe €300 for the day you missed from work and the after-work drinks you were unable to attend.
Ethically I know that you don't want anything more than you're entitled to, but I would rather get what I'm entitled to + a little extra, than get nothing at all, if they were my only two options.

After my crash two months ago, I got €50 out of the guy for a broken saddle. I didn't report it to the Gardai, I didn't get my bike checked out (I checked it out myself) and I didn't go get checked out by a doctor, because I didn't want to go overboard and look like I was making a big compo claim and screw the guys for €500 worth of doctor's bills and mechanic's bills. In hindsight I should have, purely for peace of mind and painkillers, and if it ever happens again, I will.

blorg

CramCycle wrote: »

My arm is scarred and my knee was out of commission for an evening as well as the freakiest bump on the back of my head, nothing that concerns me though, are scratches and bruises that big a deal? people keep pointing them out in conversation.

They are injuries. If you have a bump on the back of your head I would get that checked out by a doctor to make 100% sure you are OK. Head injuries can be serious. Bill her for the checkup.

I would not claim anything myself for scratches and bruises but I certainly would threaten it if someone wasn't paying for small expenses like the bike repair.

Take photos of all of the scratches and bruises and get the doc to note everything while he is checking out your head.

As Gophur says, make contact with her insurance with all the details. If you want to be straight you can say you are only looking for the bike repairs but if not you will be taking a case to the PIAB for your injuries. They will almost certainly fall over themselves to settle for the bike repairs.

Personal injury compensation tends to be in the several thousands and tens of thousands BTW, not the hundreds. So with this in mind they will fix the bike.

CramCycle

Gophur wrote: »

Make contact with the driver's Insurance company. She'll pay, through the nose, for failure to settle privately.

That's the purpose of insurance.

If they would talk to me I would but without her telling them, they are ignoring me.

seamus wrote: »

the after-work drinks you were unable to attend.

DAMN IT the booze, the only thing I missed out on more important than my own health

I am getting her statement printed today and once this is settled I'll put it up to show you one or two of her failures regarding the laws of physics relating to inertia/momentum. Once I have this I am going to ring back her insurance and read it out, tellling them if its not sorted pronto I'll follow through with a solicitors letter. Is this the right way, or should I go straight to the solicitor for a letter and ask for his fees on top of the other costs?

CramCycle

blorg wrote: »

They are injuries. If you have a bump on the back of your head I would get that checked out by a doctor to make 100% sure you are OK. Head injuries can be serious. Bill her for the checkup.

I would not claim anything myself for scratches and bruises but I certainly would threaten it if someone wasn't paying for small expenses like the bike repair.

Take photos of all of the scratches and bruises and get the doc to note everything while he is checking out your head.

As Gophur says, make contact with her insurance with all the details. If you want to be straight you can say you are only looking for the bike repairs but if not you will be taking a case to the PIAB for your injuries. They will almost certainly fall over themselves to settle for the bike repairs.

Personal injury compensation tends to be in the several thousands and tens of thousands BTW, not the hundreds. So with this in mind they will fix the bike.

Just seen this, sounds like a good plan, I actually never got photos but I will now, just in case. I'll update later today with how they respond.

blorg

Look, forget the solicitor. They won't touch it for a few hundred on bike repairs; their fees would be substantially more than this. It is not worth their time or your money. I went through a claim many years back, before the PIAB, where there was substantial injury (broke my arm.) The whole process took a year with thousands in solicitors fees and also over a thousand on medical reports for both sides (not treatment, what little of that was needed was free.) It was eventually settled out of court in my favour. Now there is the PIAB which is meant to streamline all of that but it is still a lengthy process. You need to contact the insurance company and say that if they don't cover your repairs you are lodging a claim with the PIAB. I have had colleagues who were in accidents and the other side's insurance company was more than happy to throw them a lowball offer (still in the thousands) to avoid them pursuing it with the PIAB.

www.injuriesboard.ie

SerialComplaint

Contact the Dublin Cycling Campaign and see if they have any solicitor members who might be sympathetic to your cause and take up the case.

Chips Lovell

From the PIAB website:

What are General Damages?

General Damages cover compensation for pain and suffering resulting from injuries which you sustained in your accident. The Estimator will provide you with a guide to the Damages you may receive.

What are Special Damages?

Special Damages are any expenses that you have incurred as a result of an accident. Special Damages cover areas such as loss of earnings (see loss of earnings calculator) , medical expenses, out of pocket expenses and vehicle damage costs. In serious cases there may also be future loss of earnings, future expenses etc.

CramCycle

So I rang the Gardai just to confirm details and then rang the Insurance company. They have no record of the accident yet?!? but they have left a message with her to get back to them ASAP. They have also said that they would prefer to deal with them and if she wishes to keep her no claims she can pay them the agreed amount.necessary to be nice. So I feel I have done all that is morally Hopefully this will all be sorted out by Monday, they asked alot of questions, especially about personal injuries, I told them about the injuries but didn't give out to much detail as I felt a bit uncomfortable like they were trying to trap me. They will call me back on Monday with her side (hopefully) and it will all be over. If it doesn't go my way I now have the following options:

• Threaten them with the PIAB
• Report her for dangerous driving
• Report her for false statements to the Gardaí
• Report her to the Gardaí for failure to report an acccident to her insurance company

I totalled up what I asked them for and I have asked precisely what I was owed. I realise everyone will say I should have asked for more but I'll only go down this route if I get a bad response on Monday. I am a sucker but hopefully it will not bite me in the ass for a change. I may ask for a bit more in relation to time out of work to visit the Gardaí and all the hassle if she is more of a pain.

Pity though cause I really wanted a new bike