cycling accident - solicitor recommendations

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?

Weepsie

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.

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.

Weepsie

Chuchote wrote: »

I see no evidence of this.

Hardly a few days going by without hearing about someone making some claim and being rewarded ridiculous sums for what often come down to personal responsibility and carelessness.

That and I know a few people who work as claims assessors. Most claims they hear about just seem to throw in whiplash for the hell of it.

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.