If his shoulder was dislocated seriously, talking ligament damage, socket damage etc, it can be a life changing injury, make his shoulder more prone to dislocate in the future, etc etc.
When you posted that figure, I genuinely wasnt surprised.
Accident with cyclist - Seeking advice
- Thread starter VincentHanna
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If his shoulder was dislocated seriously, talking ligament damage, socket damage etc, it can be a life changing injury, make his shoulder more prone to dislocate in the future, etc etc.
When you posted that figure, I genuinely wasnt surprised.
Man of Honour
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He has film of him whirling his arm in a Pete Townshend style. I've had 4 shoulder dislocations and I couldn't move my arms 1" from my body. Make sure your insurer's get that film.
Associate
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25k buys a lot of painkillers.
Deleted member 66701
Deleted member 66701
I hiked out of a glen with a dislocated knee and shoulder once but couldn't walk or wipe my own **** for a week afterwards. Adrenalin can do marvellous things.
Man of Honour
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I have similar stories but I certainly couldn't windmill my arm with a dislocated shoulder.
Deleted member 66701
Deleted member 66701
Most of the time an injury leads to shock almost immediately overriding the fight or flight (i.e. Adrenalin) impulse. Shock suppresses the adrenal response causing lack of mobility and strength.
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Was probably a partial dislocation, not fully in or out, swinging it around like a loony whilst pumped high on adrenalin won't have helped once he got the shakes and was in hospital
I agree if it was fully dislocated he wouldn't have been able to do that, physically impossible
Unfortunately for the OP I don't see how the insurance company can fight this, they no matter what aren't going to make the liability go away
The claim will cover not just direct loss of earnings, assuming there were any even, but also some for pain caused, some for damage to bike, and a decent chunk for the no win no fee solicitors
I agree if it was fully dislocated he wouldn't have been able to do that, physically impossible
Unfortunately for the OP I don't see how the insurance company can fight this, they no matter what aren't going to make the liability go away
The claim will cover not just direct loss of earnings, assuming there were any even, but also some for pain caused, some for damage to bike, and a decent chunk for the no win no fee solicitors
Just casually shown this to a solicitor who normally does these sorts of cases:
Cyclist is illegally cycling on pavement
He was coming at significant speed
Use the footage and you have a strong case to fight against those damages- may go for split liability but no way he should get full amount, be adamant your insurance company fights it and doesn't straight settle
Cyclist is illegally cycling on pavement
He was coming at significant speed
Use the footage and you have a strong case to fight against those damages- may go for split liability but no way he should get full amount, be adamant your insurance company fights it and doesn't straight settle
Not a guarantee.
Also it makes no difference to the OP in reality and the insurance company aren't going to throw thousands in legal fees at this (in the hope of reduced liability) unless the sums being claimed are large enough (no idea if £25k is big enough, I also imagine that's a number the other solicitors know you negotiate down from).
counter argument, the impact point on the car shows the OP hit the cyclist - not the other way round.
Put it in front of a judge and let them decide..
Your main arguments will be:
1. He is ILLEGALLY driving on the pavement (ie. Against the law and highway code)
2. He is travelling at significant speed putting both himself and others at risk
3. You have video evidence to back it up
No way he is getting 25k..
Man of Honour
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I work for a Solicitor and a Barrister - they said do not show the video.
He's got no chance of getting 25k though.
Man of Honour
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Both parties will not want to go to Court so they will come to an agreement, this is how the NHS Resolution works.
Cyclist will start off on 25K and hopefully he'll settle for 10% of that.
I'd definitely put forward the film of the cyclist windmilling his dislocated shoulder.
When it comes to renewals isn't the amount of the claim a bit of a mute point? The fact that there is a claim/accident is the main driver behind increased premiums.
I understand why you would want to defend this but I can't see it going fully in your favour, at best 50:50, at worst 100% you. You did the right thing claiming for your own damage as your premium is going to go up anyway, might as well use it.
I understand why you would want to defend this but I can't see it going fully in your favour, at best 50:50, at worst 100% you. You did the right thing claiming for your own damage as your premium is going to go up anyway, might as well use it.
First time I've seen this but the cyclist is a grade A numpty.
Riding on pavement
At speed
Crossess junction at speed
He showed absolutely zero care or consideration on a busy main road. Where was his check to the left to ensure noting was turning INTO the junction from his nearside?! Just hoping nobody was coming? He did not even make eye contact with the OP. Was eyes dead ahead plowing on despite the fact OP was there to be seen for a considerable amount of time.
OPs dash cam will be mounted farther forward than OPs line of sight offering an earlier view. You have to commit at some point, it's not like the OP plowed right up into the carriageway.
Riding on pavement
At speed
Crossess junction at speed
He showed absolutely zero care or consideration on a busy main road. Where was his check to the left to ensure noting was turning INTO the junction from his nearside?! Just hoping nobody was coming? He did not even make eye contact with the OP. Was eyes dead ahead plowing on despite the fact OP was there to be seen for a considerable amount of time.
OPs dash cam will be mounted farther forward than OPs line of sight offering an earlier view. You have to commit at some point, it's not like the OP plowed right up into the carriageway.
