Crosswords1 min ago
Accident Compensation
59 Answers
Earlier this year I was involved in a cycling accident for which I was at fault. Two girls were walking and I collided into one of them. She badly twisted her ankle and was unable to work for 12 weeks, she stated she has a job in retail and standing has been her issue.
The girl is suing me for £4000 in damages through the small claims court, that's £3000 for loss of earnings and £1000 for her personal injuries.
I have taken legal advice and I have been advised that she will need to produce full evidence of her loss of earnings and of her injuries. Though providing she can produce the evidence, it is likely that I will be sued and ordered to pay the girl compensation for the full amount.
As I didn’t have any cycle insurance, I will have to find the money to pay her myself, though I’m advised that a court should allow me to pay in installments, this will still be difficult for me financially.
As I was at fault, I accept that the girl has every right to be compensated for the earnings she has lost, though it feels rather harsh of her to be also suing me an additional £1000 in personal injuries for a sprained ankle. As I now know where I stand on the legal side, I’d Just like to know your honest opinions, I’m not just expecting everyone to see my side of things. Do you think this seems harsh on me or do you feel that she is justified in suing me for her injury on top of her loss of earnings? Would you have done the same?
The girl is suing me for £4000 in damages through the small claims court, that's £3000 for loss of earnings and £1000 for her personal injuries.
I have taken legal advice and I have been advised that she will need to produce full evidence of her loss of earnings and of her injuries. Though providing she can produce the evidence, it is likely that I will be sued and ordered to pay the girl compensation for the full amount.
As I didn’t have any cycle insurance, I will have to find the money to pay her myself, though I’m advised that a court should allow me to pay in installments, this will still be difficult for me financially.
As I was at fault, I accept that the girl has every right to be compensated for the earnings she has lost, though it feels rather harsh of her to be also suing me an additional £1000 in personal injuries for a sprained ankle. As I now know where I stand on the legal side, I’d Just like to know your honest opinions, I’m not just expecting everyone to see my side of things. Do you think this seems harsh on me or do you feel that she is justified in suing me for her injury on top of her loss of earnings? Would you have done the same?
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Well as I earn considerably more than this girl, yes if I was suing you then I would looking for a lot more.
I think I am being slightly harder on you as a car driver I have to pay top insurance costs and every day I see cyclist flouting basic rules of the road and getting away with it.
I agree with Woofgang I would not be happy if I was offered this in instalments.
I think I am being slightly harder on you as a car driver I have to pay top insurance costs and every day I see cyclist flouting basic rules of the road and getting away with it.
I agree with Woofgang I would not be happy if I was offered this in instalments.
hi, yes i think it's justified - if she couldn't work, she probably couldn't enjoy an active social life either, If she was at home all day, she probably had more expenses (heating, lighting, electricity) nd so on, plus inconveinince. I also feel the same as woofgang and would be pretty peeved to get it in installments, although i guess she would have been gettig SSP?(which will need to be taken off the payment from you)
When someone admits liability (as you have) for causing personal injury the damages claimed are designed to put us back in the position we would have been in If the negligence had not occurred. This generally comprises two areas. Special damages which is actual financial loss such as loss of earnings and then general damages which is compensation for pain, suffering and loss of amenity.
She has to prove both.
She has to prove both.
Hello Islay, thanks for your answer. As you earn a lot more than the girl who is suing me, I totally accept that you would be suing me for a lot more than the £4000 that she is. I don't actually feel that you are being hard on me as you are car driver, I know exactly what you mean about cyclists flouting rules. I have done this and I will now have to pay dearly for it and believe me I will learn from this and never flout rules again.
I accept the point you, Woofgang and some others raise that you would not be happy to be offered money in installments. I do actually feel for this girl and that she has lost a lot of money in earnings and she has been injured, it's just that I don't have £4000 in a lump sum to pay her.
What I may do Is to take out a loan and use this to pay her the compensation she is awarded, then I can just pay the loan in installments. Obviously if you were suing me, I would have to take out a lot bigger loan and spread the payments out over a longer period. It will of course cost me more with interest but I think I will feel better to have it out of the way and for her to receive her compensation in full.
I accept the point you, Woofgang and some others raise that you would not be happy to be offered money in installments. I do actually feel for this girl and that she has lost a lot of money in earnings and she has been injured, it's just that I don't have £4000 in a lump sum to pay her.
What I may do Is to take out a loan and use this to pay her the compensation she is awarded, then I can just pay the loan in installments. Obviously if you were suing me, I would have to take out a lot bigger loan and spread the payments out over a longer period. It will of course cost me more with interest but I think I will feel better to have it out of the way and for her to receive her compensation in full.
Thaks gb for your response, I know that getting a loan will cost you in interest but I do feel that if you could pay her off and put this behind you it may be the best thing.
Good luck maybe it will turn out that the girl is milking it and it won't cost you a penny but will have given you a wealth of experience .
Good luck maybe it will turn out that the girl is milking it and it won't cost you a penny but will have given you a wealth of experience .
£3000 over 12 weeks isn't much more than the minimum wage, so you were lucky it wasn't Bill Gates. The rest of it will be, in effect, for being in pain and limping for weeks when she'd done nothing wrong. If she can prove it, I think that's a reasonable claim. No doubt she'd prefer it all at once, but if you can't pay it that way, you can't.
Worth taking out insurance, as people have said.
Worth taking out insurance, as people have said.
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Hi Islay, yes I do think that the best option could be a loan and to put this behind me. I did think that there is a chance that the girl could be milking it but I guess it's for the court to decide. Though most of the replies seem to feel that £3000 for loss of earnings and £1000 for her personal injuries is more than fair.
I can look at it and perhaps consider myself fortunate that I didn't injure someone who earns a lot more than this girl does. After all, as you pointed out, if I had collided into you, you would be suing me for a lot more than this girls is.
I can look at it and perhaps consider myself fortunate that I didn't injure someone who earns a lot more than this girl does. After all, as you pointed out, if I had collided into you, you would be suing me for a lot more than this girls is.
-- answer removed --
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