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how hard is it to claim compensation?

I saw this story in the guardian - is this typical for UK compensation claims?

https://www.theguardian.com/money/2021/sep/18/cyclist-run-over-by-partially-sighted-motorist-still-battling-with-insurers

I can only contrast this to my experience in Switzerland.  Two years ago I got taken out by a dog on a descent (the dog was not on a lead and "hunted" me). I needed an ambulance after hitting the deck at over 45 kph, x-rays - thankfully nothing was broken, and my SLR01 was destroyed. I got the contact details of the joggers who owned the dog, and their civil liability insurance paid for everything. They did send an assessor to look at the bike because of the value - but he saw the cracks in the frame and agreed to a full new for old write-off on the spot. I had a new bike in less than four weeks.

The dog was fine by the way - a lovely six-month-old husky that licked my face as I lay on the road waiting for the ambulance. it had a slightly bruised paw.

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15 comments

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David9694 | 2 years ago
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I was knocked off in 2007 by a driver who didn't stop at a mini roundabout. Claims are a blood sport - a tussle over a few £100 either way. Get a lawyer - I think Slater & Gordon are the cycling go-to - I used a no-win no fee firm I got via my house insurance legal help service (charging for which is a massive scam by insurance companies btw).

I got £2000 and a course of physio for a wrecked bike and a badly sprained ankle - I think it went on a few months. What struck me is that there's a whole industry out there of claims people, lawyers, private doctors that you don't normally see. 

thank goodness for the other driver who saw what happened, came forward and put to bed the pack of lies (no penalty for this, btw) told by the driver to the police and her own insurance. 

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Mungecrundle | 2 years ago
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Had 2 minor claims against motorists. Axa were deliberately obstructive and seemed to rely on ignoring communication in the hope you would go away. Aviva paid out within a few days of submitting my claim. Both incidents were substantially less than £1000, had camera evidence, police report and pictures of damage to clothing and bicycle. I didn't take the piss with spurious injury claims, though I understand payouts for actual injuries can take far longer as the long term consequences take time to evaluate. No intermediary solicitor involved in either claim, but definitely recommend using a reputable firm if your claim is likely to be more substantial involving personal injury.

I now insure house, contents and motor vehicles with Aviva.

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cqexbesd replied to Mungecrundle | 2 years ago
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Mungecrundle wrote:

I now insure house, contents and motor vehicles with Aviva.

https://road.cc/content/news/cyclist-hit-partially-sighted-motorist-figh...

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Recoveryride | 2 years ago
1 like

My other half was knocked off her bike almost 2 years ago. It was low speed and thankfully she had nothing worse than a few bruises and bad memories, but the front wheel was ruined and the fork was cracked. It was 18 months before we saw a penny, and it was a fight every step of the way.

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DrG82 | 2 years ago
5 likes

After being knocked off by a driver turning across me it took about 2.5 years to get anything out of their insurance. Part of this was that the doc who assessed my injury said that my injuries should fully heal after a set period and the solicitor wanted to wait for this period to confirm that I was fully healed at this point before serving papers on the insurance company. Once the papers were sent they were pretty quick in coming back with a stupid low offer which the solicitor told me to ignore and then they came back with a better offer almost 3 times what they originally offered showing how they were just trying it on with the first offer.

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wycombewheeler replied to DrG82 | 2 years ago
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DrG82 wrote:

After being knocked off by a driver turning across me it took about 2.5 years to get anything out of their insurance.

seems kind of strange, when we have (allegedly) a significant number of people having deliberate crashes in order to claim insurance compensation for exagerated or fabricated injuries. I can't see how these people would be content crashing now for a payday 2 years down the line. So is this exclusively a problem when dealing with cyclists?

DrG82 wrote:

.. showing how they were just trying it on with the first offer.

Standard practice when setting premiums, no surprise they do the same with payouts.

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Rich_cb replied to DrG82 | 2 years ago
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That is a strange approach.

When I was hit the settlement was clear that it only covered the first 18 months from the injury.

If I had ongoing problems after that I would be free to make a further claim.

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Oldfatgit | 2 years ago
4 likes

3 years and two months on, I'm still waiting patiently.
There's a limitation in Scotland (dunno if it applies in England), that if there is no settlement on 3 years, you can take them to the High Court.
Papers have been filed, and we're now waiting for either a sensible offer, or court; court will be potentially in March 2022, 3 years, 7 months after the collision.

Luckily, although my injuries are life changing, I've not been left needing specialist medical equipment or care.

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markieteeee replied to Oldfatgit | 2 years ago
3 likes

I hope they aren't letting the clock run down to the court date, hoping you'll take a stupid offer. Also, if this is the case, I hope any settlement penalises them for this approach. 

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Oldfatgit replied to markieteeee | 2 years ago
2 likes

markieteeee wrote:

I hope they aren't letting the clock run down to the court date, hoping you'll take a stupid offer. Also, if this is the case, I hope any settlement penalises them for this approach. 

Thank you.

They're not going to wear me down ... my solicitor and advocate won't let that happen. It's not that I don't want the money ... I'll need it for years down the line when the arthritis sets in.
Luckily I'm with British / Scottish Cycling, so I'm not having to cover costs. 
I'm pretty glad though I'm not having to do this through my house insurance (as I've got legal cover) or privatley. 

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markieteeee replied to Oldfatgit | 2 years ago
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You're welcome. It's good to know someone has your back - good luck with it.

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kaza456 replied to Oldfatgit | 2 years ago
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I use a vintage bicycle; you push or pull a small lever, and you will get a long ring. The problem is that the frames they sell are not suitable for anything except the slender handlebars.. The bell is loud and easy to operate. Pedestrians often smile and wave their hands when they hear it. I like it much better than a single-tone ringtone, which is usually not loud enough.
 

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Secret_squirrel | 2 years ago
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I would say it depends on the insurance company in the UK. Mine paid out to someone I had an accident with even though the evidence was debatable!

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zero_trooper replied to Secret_squirrel | 2 years ago
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'Evidence was debatable'

Whilst driving I rear-ended a car (which had stopped for no apparent reason) at a roundabout whilst doing about 5mph. No damage to my car and a cracked bumper and light lens on his. I later received a letter from my insurance company wanting to confirm the other driver's injuries! I told them that he wasn't injured and that the entire accident seemed dubious.

I later found out that they paid out £1600…

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cqexbesd | 2 years ago
4 likes

In my very limited experience insurance companies in Australia only pay up if they think you will go to court. They will try as many delays and ridiculous requirements as possible. I haven't had any direct experience with insurance claims in the UK but it wouldn't surprise me for it to be similar.

OTOH I was hit by a car in Germany and their insurance just sent me a check without me even asking for money. A friend had their bike stolen (aslo in Germany) and his insurer just paid up when receiving the claim form, no requests for photos of the bike showing exactly how it was locked before it was stolen, no requests for proof that it hadn't been abandoned.

It's a different world.

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