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?

[Zacs-Master]

She's being advised by a solicitor / barrister who will be getting fees. Sad fact but it's the way of the world.

[Islay]

Justified!

[hc4361]

£1000 for personal injury is fair. If she was unable to work for 12 weeks it must have been a bad sprain that impacted on other areas of her life.

Is there any possibility you have insurance through a bank account or home insurance?

[woofgang]

Yes I would have sued...and as when i was earning, I earned quite a bit more than 16,000 a year, you are lucky that you hit her and not me!
Note to cyclists....take out at least 3rd party insurance!

[woofgang]

edit...12,000 not 16,000

[Islay]

I would be interested in knowing the background to the accident i.e was it a red light or riding on the pavement?

[Sqad]

\\\\ She badly twisted her ankle and was unable to work for 12 weeks,\\\

3 months of work for a sprained ankle? That seems excessive, i presume that she has medical documentation to support that statement?

[EDDIE51]

Yes it is justified and probably underestimated. My son was awarded £1500 for a similar injury and that was 6 years ago. Yes, I would have done the same.

[gb60mail]

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.

[Islay]

Well in that case you should consider yourself lucky you have not got more to contend with - imagine if a car drove on a footpath!

[ummmm]

It's quite refreshing someone being completely honest and accepting blame.

I do think it's justified. Imagine other factors of her life that would also be affected.

[gb60mail]

Islay, I appreciate your honest views as that is what I asked for. I can see why you feel I am fortunate. If this had happened to you, would you be suing me for a lot more than this girl is suing me for?

[woofgang]

when I was working, the loss of earnings figure alone would have been around 9,000 and that was 9 years ago so quite a bit more now. As i live alone, there would have also been expenses for such things as care of my dogs and anything else that I was unable to do for myself. If i were you I would pay up, shut up, be thankful to have got off so lightly and GET SOME THIRD PARTY INSURANCE.

[woofgang]

PS. I would also have been as peeved as hell to receive any compensation in instalments. Through no fault of her own, this girl has lost the money now, she should be recompensed now.

[gb60mail]

Woofgang, whilst I appreciate you taking the time to answer, your last reply is just plain rude. I have been very honest about my situation which some others do appreciate. I do now have 3rd party insurance it's just that I didn't at the time which I now realize was very unwise. I'can't pay up as you suggest as I don't have £4000 in a lump sum. That is why the girl is suing me through the court. I don't mean to be rude, but YOU are the one who needs to shut up.

[Zacs-Master]

I'm afraid you asked for opinions gb. So......

[gb60mail]

Yes I did and I do appreciate the views, it's just that when someone tells me to "shut up" I consider that to be rude and there is just no need for it.

[Zacs-Master]

Welcome to AnswerBank. There is a report facility.

[woofgang]

what I said was “If I were you I would..” which is my opinion....which you asked for.

[gb60mail]

Woofgang, I accept that what you said is your opinion, I think you could have put it better but I'll leave it at that.