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?

[gb60mail]

Yes Woofgang, I believe it is.

[gb60mail]

Hi hc4361, I did check out the possibility using of home insurance but unfortunately I don't have that cover.

[gb60mail]

ummmm, thank you for your comment about me being honest and accepting, I also appreciate your view that you feel the girl is justified in suing me for the money she has lost out on and the way this will have affected her.

[gb60mail]

Barmaid, I had been advised that when damages are awarded, it is to put the claimant back to the same position financially and not for them to have financial gain. I had also been warned about the possibility of a ccj, I will try to pay in full in the allowed time if I can to avoid a ccj.Thanks for posting.

[gb60mail]

Hi Puzzled54, Only SSP I believe which will no doubt be a lot less than her full earnings. I believe the £3000 is the total loss of her earnings with the SSP taken off.

[Barmaid]

It isn't for them to have financial gain. You are right. But the only way a court can compensate for psla is by money. Tbh 1000 for a 12 week injury seems fairly low.

[woofgang]

in addition to barmaid’s comments, what some people don’t seem to realise is that being injured can actually cost money as well as losing earnings. There can be medical appointments to attend which will incur parking charges and maybe taxi costs, If you can’t manage to cook then ready meals and take aways cost more, there may be additional child and pet care costs. Individually such things may be minor but they add up and for someone in a low waged job it an be the final straw.

[hc4361]

I think we do realise it, woofgang. But being at home 'on the sick' can save a lot of money, too - no commuting costs or work lunches for a start.

[Bazile]

divebuddy

//hc is right. If the word "whiplash" hasn't been mentioned you are probably dealing with an essentially decent young girl.//

How would this young lady have suffered whiplash from the collision ?

[gb60mail]

Thanks for your comments woofgang and hc, there may be something to say for both sides of that argument!

[gb60mail]

Hi Barmaid, from the answers that have been posted, I am beginning to accept that both the £1000 for the personal injury and the £3000 for loss of earnings may be fairly low amounts. Islay was very honest with me and said that as she earns substantially more than this girl, she would be suing me for a lot more money than £3000 in lost earnings.

woofgang has also openly pointed out that as well as higher earnings, all sorts of expenses need to be considered and would also be suing me for a more substantial amount.

Knowing that I could have been facing a much greater financial outlay than I am, is actually making me feel slightly better about the situation! So thank you for your comments and I still welcome any further views anyone has on this.

[wildwood]

gb60mail, it is refreshing to find a honest person like you who accepts their responsibility. If only all road users were like you....

Regarding the content insurance which some mentioned. Some years ago my son (and his friends) were fooling around walking back from Tech and decided to cross the road against the lights. My son and one of his friends was hit and both ended up with broken leg/ankle. There was damage to the car's light, broken windscreen and broken electric mirror. The driver's insurance claimed for the cost against my son and the injured friend and luckily my home content insurance covered our claim - under 'accidental damage to another's property by a family member living at this address'.

This was overseas but I believe the same cover can be gotten in the UK. You may want to consider a similar insurance cover.

[gb60mail]

Hi Wildwood, Thank you for your kind comments, the trouble is that so many people don't want to accept any responsibility when they have done wrong or just made a mistake, that way they never learn from their mistakes and just repeat everything again. My mistake is likely to be a costly one but I will learn from it and not do the same again.

I'm sorry to hear about your son's unfortunate experience, but at least it didn't turn out too bad in the end with your home insurance covering the claim. I wasn't so lucky with my insurance, and has someone pointed out, as I was cycling on a path where I should not have been cycling, even if I had insurance they probably wouldn't have paid out anyway.

Sometimes we learn the hard way, I certainly will!

[gness]

You're a breath of fresh air, Gb....hope the outcome isn't too awful for you and the lass has no lasting damage.......and happy cycling in the future....x

[gb60mail]

Thanks gnes, I too hope the girl is OK as I do feel for her, through no fault of her own she has lost earnings and suffered an injury and she is just going through the only route she can to try and recover her losses.

I know there are some "compensation grabbers" out there who only think about lining their pockets with some ready cash, and I did at first think that this girl might be one of them. However, through the replies I have received on here, it looks like the amount she claiming is probably very genuine and I am possibly fortunate not to be facing a more substantial outlay than I am. At the moment, I'm expecting the worst but hoping for the best!

[Islay]

Hi gb, do come back and let us know how you get on. Good luck

[gb60mail]

Yes Islay, I definitely will. Thanks for your interest.

[Baldric]

From the first page of the link, @ 13:15, FYI

///Question Author
Hi Islay, thanks for replying. It was on a public path where I should not have been cycling. It was a moment of carelessness on my part. So I know I only have myself to blame.///

[Baldric]

Oops wrong thread