Would You Sue?

[laurag86]

After I had got out of my car I was struck on my hand by an adult cyclist as he rode past. I suffered a very painful hand injury which will leave a small but permanent scar. Although there was no damage to my car and I haven't incurred any financial loss at all, my insurance company has advised me that I should still be entitled to compensation just for my injury. With that in mind, I'm considering suing the cyclist for damages. I am just wondering though if this seems the right thing to do as this hasn't actually cost me anything financially, only the painful hand injury and the small scar it will leave. I don't need any legal advice, I would just like to know your opinions really. So if this had happened to you, would you sue the cyclist?

[ummmm]

Just saying.

He was on his mobile. He hit me and my 4 year old son. Very unpleasant...

[jno]

how did it go, ummmm? Was it worth it?

I have difficulty walking up stairs etc; but I just decided this was the sort of thing that happens as you go through life. Fortunately I'm not in pain or seriously handicapped. So my advice to laura is not to bother.

[Retrochic]

The OP was hit on the hand AFTER she got out of the car, not while she was getting out,so I doubt it was her fault. However, I wouldn't Sue unless you lost work or had medical costs to pay. If you had opened your door and knocked the cyclist off his bike then you would have been liable and he would and should Sue but this sounds to me like an unfortunate accident

[ummmm]

jno...yeah. It was a clear cut case. He hit me and my son with about 30 witnesses.

I'm not into 'where there's blame there's a claim' but he hurt me and he hurt my son....My son is okay but I still have problems with my hip.

[laurag86]

To those of you who seem to assume that I am at fault, for your information I am NOT! You just seem to have assumed exactly how this happened. You don't know the full facts of my case and I was not asking you opinion about who was to blame. I explained this situation in very brief detail and was only asking for your opinions on whether it would be worth claiming against the cyclist. If you don't think it would be worth me suing the cyclist that's fine, thank you for your opinion, but don't just assume that I am to blame when you don't know the full facts.

[Greedyfly]

I broke my ankle on an ungritted public road in winter. I'm about to have my sixth surgery and have been told it won't be the last. I didn't sue.

[Greedyfly]

I forgot to add I had to leave my job and have roughly 3 months off every time I have surgery.

[pixie373]

It's not an assumption Laura. I asked you as a straight question. It would make a difference to the answer.

[Canary42]

If your insurance company has decided you are entitled to compensation, then why aren't they paying up ?

[Canary42]

P.S. and no, I don't think i'd sue.

[Old_Geezer]

Could you prove you hadn't exited into their path without taking due care ? Sounds a sticky wicket to me.

[retrotv]

Don't sue the cyclist. Waste of time and money. A motorist who has decided to stand in the road is taking a risk of being hit by other road users.

If you were the passenger and got hit on the pavement by a cyclist, sue away.

[boxtops]

If it's a personal injury claim, it's irrelevant that you've had no financial loss, laura - the claim is for your pain and suffering, future prognosis etc. You have three years to initiate a claim, that's three years from the date of the accident. If as you say the cyclist was fully to blame and there is no contributory negligence on your part, then why not try to bring a case for negligence against him? Your insurance company should appoint legal representation for you if you have legal cover either on your motor policy or your household insurance policy. The claim may not succeed, if the cyclist has no funds, but if I were in your position, I would claim.

[boxtops]

canary, in my experience, your own motor insurance company doesn't pay up for personal injury claims - that claim is made direct against the negligent third party (i.e. the cyclist in this case)

[Canary42]

Thanks boxtops, I didn't realise that.

[ladybirder]

I think you're all wasting your time, Laura's last activity on here was 1st August. Plus I think she got the hump!

[boxtops]

I didn't spot that, ladybirder :-(