Would You Sue?

[laurag86]

After I had got out of my car I was struck on my hand by an adult cyclist as he rode past. I suffered a very painful hand injury which will leave a small but permanent scar. Although there was no damage to my car and I haven't incurred any financial loss at all, my insurance company has advised me that I should still be entitled to compensation just for my injury. With that in mind, I'm considering suing the cyclist for damages. I am just wondering though if this seems the right thing to do as this hasn't actually cost me anything financially, only the painful hand injury and the small scar it will leave. I don't need any legal advice, I would just like to know your opinions really. So if this had happened to you, would you sue the cyclist?

[EcclesCake]

No.

[murraymints]

no ..don't think so....*** happens...as long as it does not affect your ability to earn a living...unfort
unate
accident...

[jeffa]

Do you know the cyclist and, more importantly, their financial situation? Would you be hoping to get a financial settlement?

[Baldric]

Yes, the majority a selfish prats and need to be taught they don't own the road!

[agchristie]

Not enough info really about how the incident happened to comment but in any event I would doubt it.I take it you know who you would be suing?

[Baldric]

And before someone pops up and says they probably pay Vehicle Excise Licence and Insurance that doesn't cover the Bike.

[Booldawg]

depends on the situation of how this came about and who was at fault. Was it a case of getting out of your car before looking behind to make sure nothing was coming up from behind or did the cyclist purposely swerve to strike you? Either way with witnesses wont be an easy win.

[Booldawg]

^ sorry, *without* witnesses

[laurag86]

Thanks for all of your answers. My insurance company probably advised me on seeking compensation so their solicitors could might be able to gain some money. They say that lawyers are the only winners in cases like this so probably won't take it any further.

[woofgang]

I wouldn't sue but If I knew where he lived I'd go and kick his dustbins over!

[pixie373]

No. Did you get out of your car without noticing he was going past?

[beso]

It is not only the wrong thing but you would lose the case and have the cost awarded against you because you are entirely at fault!

It is YOUR obligation to ensure that YOU do not disrupt the traffic flow when you get your of the car on the road side. That includes bicycles.

You are one of the careless drivers that all cyclist fear will open their door as they ride past.

[rsvp]

I wouldn't because you probably didn't check before you opened the door therefore you are partly to blame - I wouldn't have checked either btw.

[beso]

Not partly to blame but entirely to blame.

[shoota]

Hmmm, there is an offence of 'opening a car door to the danger of other road users' which may compromise any potential claim.

[ummmm]

No.

[maggiebee]

No, it was an accident. Accidents happen every day and there's no fault apportioned.

[factor-fiction]

Suing another car driver usually works on the basis that their motor insurance company sorts it out on their behalf, with the insurance company footing the bill.
An uninsured cyclist has no insurance company to turn to and may not have any money so even if you are successful you may get no money

[jno]

I was knocked over by a car long ago and my knees have never really recovered. But I didn't bother suing; I just forgave the driver and left it at that. It isn't worth spending years fretting over trying to get money for things that money won't cure. It only makes lawyers rich.

[ummmm]

jno...I was knocked over. I sued on the advice of my GP. 3 year rule is nonsense. 15 years later I still suffer.