Accident Compensation - Another Question

[gb60mail]

First of all, thank you to everyone who responded to my question I asked last week about my cycling accident, I never anticipated such a big response of extremely honest views. I hope you don’t mind but I would just like to ask another slightly different question around the cycling accident.

Briefly, my situation is that I was involved in a cycling accident which was my fault. A young lady I collided into is suing me for £4000 in damages, that’s £3000 for her loss of earnings over a 12 week period she had to take off work and £1000 for the badly sprained ankle injury she sustained, she works in retail and standing has been her issue. (See the question posted on 4th December for the full details).

I did at first think that the compensation claim I am facing, seemed somewhat harsh on me, I will have to pay this money myself, as I didn’t have any 3rd party cycling insurance, but like the accident itself, that is my own fault. I do now have some insurance but this is of no help to me on this occasion. Although I thought the amount seemed somewhat harsh, many of you who answered my question last week felt that £3000 in loss of earnings and £1000 for the injury are both actually quite low amounts.

Since I posted last week, I have researched a little on personal injury claims and I found that claims for similar injuries are indeed often substantially more than £1000. I know that there are some compensation grabbers out there who are just interested in lining their pockets with as much cash as they can, but I was also told that for personal injuries, it is best to be suing for as much as you can because you will probably be awarded less than the amount being claimed.

One or two of you told me very honestly that as they earn considerably more than this girl does, and would also have incurred a lot of extra expenses in general living, care and transport expenses, they would be suing me for substantially more money than I’m being sued for now. The extra expenses and more for personal injury are things I hadn’t even considered, so I am beginning to accept that I may actually be somewhat fortunate that I am not facing a considerably larger financial out lay than I am, and this is what I’d like to ask more about.

Sorry for the long winded explanation but my question is quite simple. I would now like to ask is if you were in the same situation where you had suffered 12 weeks in lost earnings, had incurred extra living expenses and had suffered a similar injury to this girl, would you be suing me for a substantially larger amount than this girl is?

[hc4361]

Yes, I would. I can't understand why you don't try to settle out of court.

[Zacs-Master]

Peoples opinions are irrelevant. The best answer you received was from Barmaid, which was:
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.

Barmaid later commented that she thought £1k for 12 weeks injury was failrly low.

The 'bar' in Barmaid relates,to the legal profession which he has some bona fide qualifications in by the way.

[gb60mail]

Hi hc and thank you for your honest answer. I have been advised of a number of options to try and reach a settlement. I can't say too much at the moment, but I considering these options carefully before I decide the best way to proceed.

[ummmm]

Zacs - BM is female.

[Zacs-Master]

Ummmm, I know (definitely thought I'd typed she not he).

[ummmm]

I'm not sure what I'd do. I've never sprained my ankle so don't know how painful it. I have been knocked over by a car though but didn't claim loss of earnings as I worked from home.

[gb60mail]

Hi Zacs Master, I was aware of some of what Barmaid advised, I appreciate you reiterating this.

[Zacs-Master]

No problem. Do you understand the relevance of her comments to your new question though?

[gb60mail]

Hi Zacs Master. Yes I understand the compensation awarded should be to put the person claiming back in the same position financially that they would have been in and I now realise that £1000 for a personal injury is quite a low amount. It's just that if many people tell me that they would be making a much more substantial claim, it somehow makes me feel slightly better just knowing that I could have been facing a much more substantial financial outlay than I am. That might seem strange, but it somehow does!

[Islay]

As previously stated I would sue you for more.

If I was unable to work for 3 months with the extras thrown in it would cost you approx. 18 - 20 thousand.

I would settle and put it behind you.

[woofgang]

Have already said yes I would. My loss of salary would have been much greater and so would my extra expenses for 12 weeks of being disabled. If you are being sued, then there would also be my legal expenses.
I realise that the injury is “only” a sprain but there is also the question of residual damage. Many years ago, I tore muscles picking up a child. I had all the proper treatment and so on but still get pain and stiffness. it wasn’t a situation where anyone was to blame so there was no question of settlement.
Seriously why are you not just settling this and moving on?

[gb60mail]

Hi Islay, thank you again for your very honest answer, 18-20 thousand that you would sue me for is certainly what I would call a very substantial amount and I am thankful that I'm not facing such a substantial outlay as that. As you suggest, I would like to settle this as soon as I can then put it behind me. I am now considering some options to settle this and I will post again when I know some more.

[ummmm]

Same here with me, Woof, 15 years after the accident and my knee and hip still play up.

Not just that my little boy, who was with me, developed a fear of roads.

[gb60mail]

Woofgang, thank you for posting again, I appreciate your honest answer, I am now considering the options I have been advised on. As you suggest, I would like to settle this as soon as I can, I will learn form this and then move on.

[tamborine]

Its usual for injury claims to be supported with medical report evidence. Have you seen same?

[gb60mail]

Hi Tamborine, can't say too much, but yes she has evidence.

[woofgang]

tambo from the previous post, the assumption is that the victim can produce the medical evidence, also evidence of loss of earnings.

[Islay]

I have to say I find it really refreshing with how honest and down to earth this user is being - they have admitted fault and are not trying to get out of paying.

Well done you.

[gb60mail]

Hi Islay, thank you for your kind comments, you too have been very honest with me and I really appreciate it. Thank you also to everyone else for your answers.

[gb60mail]

Ummmm & woofgang, I'm sorry to hear that you both have suffered long term effects from injuries. The young lady I collided into suffered a badly sprained ankle. This may not seem like a particularly serious injury but I guess you just never know. I really do I wish her a full recovery and I hope that she has no long term effects from this.