Accident Compensation

[gb60mail]

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?

[Islay]

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.

[bednobs]

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)

[EDDIE51]

Just a point here,if this was on a footpath where cycling was not allowed would insurence have paid up? Or said the policy was void as the cyclist was riding illegally?

[hereIam]

woofgang is often rude gb60, best to ignore her really ...

[Barmaid]

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.

[gb60mail]

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.

[gness]

Welcome to AB, GB60...hope you stay around and that things work out okay for both the girl and you....
This is a nice site usually.....

Pain when a moment of thoughtlessness or carelessness causes so much bother isn't it?...x

[Islay]

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 .

[Barmaid]

Gb. Whatever the sum awarded if you do not pay in full within the time allowed by the court you will have a ccj entered against ypu. You can then go yo court and offer instalments. Please do check your house insurance there is a tiny chance you might get cover thru that.

[jno]

£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.

[jno]

(actually, looking at it again, it may even be less than the minimum wage)

[gb60mail]

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.

[hc4361]

A real chancer would also be claiming cancellation and loss of enjoyment of her holiday/bridesmaid gig/taxi fares because she couldn't drive or walk to the bus stop/post traumatic stress/anxiety.....

[puzzled54]

Didn't she get sick pay from employer?

[hc4361]

Don't let it go to court - that will cost you a lot more. Get a loan and pay her off in full now. You could make an offer of £3,200 and see what happens.

[gb60mail]

Hi Bednobs, thanks for your answer. Yes I believe you are correct that any SSP she has received will be taken off the payment awarded by the court. I may try to use a loan to pay and then just pay the loan in installments.

[gb60mail]

Hi jno, thanks for your answer. I can appreciate that the amount of lost earnings the girls is suing me for could have been higher. Just like Islay has told me, she earns a lot more, and if it had been her, she would be suing me for a lot more than this girl is.

[woofgang]

given the lowness of the claim, it maybe that this figure is the difference between her salary and the SSP she has received?