Cyclists Claim After Hit-and-Run6 Jun 2023 | Blanca Diego Casas
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Successful claim by cyclist injured after a hit-and-run
In this hit-and-run claim, Our client had been playing volleyball in the New Cross area of London and the accident occurred as he was cycling home. The roads that he was cycling on were familiar to him and he had used them many times before. He was travelling in the direction of a junction which has two roundabouts. As he was exiting the second roundabout, he became aware of a red vehicle approaching the roundabout. The car did not slow down or stop and proceeded to enter the roundabout. The front of the car hit the left side of our client’s bike, by the pedals. The impact knocked him off his bike to the right and he landed on the road hitting his head. Thankfully, he was not knocked unconscious, but he was dazed. The driver of the car that hit him did not stop, and our client was unable to take down its vehicle registration number.
Motor Insurer’s Bureau (MIB)
He instructed Blanca Diego, a specialist cycle accident lawyer at Osbornes Law to help him. Blanca referred the matter to the Motor Insurer’s Bureau under the Untraced Agreement. The MIB admitted liability for the accident and instructed a Consultant in Accident and Emergency Medicine. The expert concluded that, as a result of the crash, our client had sustained a soft tissue injury to the right shoulder, which should recover within 18 months; a soft tissue injury to the chest, which recovered within 2-3 months and psychological symptoms.
Unfortunately, our client did not recover in line with the expert’s prognosis and the MIB instructed an Orthopaedic Surgeon. This expert referred our client for an MRI scan of his right shoulder and after reviewing the MRI scan, his conclusion was that our client had pre-existing degenerative changes and that the accident may have brought forward symptoms in a previously silent condition. The expert considered that the period of acceleration was two to three years, and recommended a steroid injection to the shoulder.
The Claimant was also examined by a Consultant Psychiatrist who concluded that he developed an Adjustment disorder. Most psychiatric symptoms resolved after about 12 months, but in this case, our client was still suffering residual symptoms. The expert recommended 6 sessions of cognitive behavioural therapy.
The MIB made an initial offer in the sum of £11,630, which included an amount for the injuries themselves, psychological treatment recommended by the expert, help and assistance provided by family members and medication.
Blanca advised her client not to accept this initial offer and a counteroffer was made. The matter settled for over £14,000 in February 2023.
“A cycling journey my client had taken hundreds of times previously ended up with him being the victim of a heartless ‘hit and run’ driver, who spared no thought for the danger he had placed my client in. This case is a good reminder as to why a ‘quick settlement’ is not always a good settlement. The impact of his injuries did not heal as initially thought and had a long-term effect on his physical and mental help. We were very happy to help him achieve this settlement and some closure of what had been a very distressing period for him and his family.”
Cyclist received compensation after a hit-and-run crash in London cycle lane
In this second case, Blanca Diego acted on behalf of our client who was cycling in the cycle lane, next to a bus, when another vehicle exiting a side road, crossed the main road and drove onto the cycle lane and into the path of our client.
The collision caused our client to fall from his bike and rendered him unconscious. He finally regained consciousness a short time later in an ambulance, on the way to A&E. It was at this point that he discovered that the driver of the vehicle had not stopped at the scene of the collision.
On instructing Blanca, she referred the case to the Motor Insurer’s Bureau (MIB) under the ‘Untraced Agreement’.
The MIB admitted liability for the accident and instructed a Consultant in Accident and Emergency Medicine. The expert concluded that, as a result of the accident, our had sustained the following injuries:
- Whiplash to the neck, with associated headaches;
- Soft tissue injuries to the lower and middle part of the back, with difficulty lifting objects;
- Severe anxiety due to psychological trauma; and
- The loss of teeth (first and second incisors).
Further reports were obtained from a consultant psychiatrist and a dental surgeon.
The consultant psychiatrist concluded that due to the collision, our client was experiencing moderate ‘situational anxiety disorder’, which manifested itself as a fear of travelling, and moderate symptoms of ‘post-traumatic stress disorder’.
These psychological symptoms were moderately affecting his social, cognitive and emotional function and the expert recommended 8-10 sessions of CBT to aid his psychological recovery.
The MIB released an early interim payment of £1,000 so our client could fund the recommended treatment.
The dental surgeon’s report confirmed the future dental treatment that our client would require.
The MIB made an initial offer of £23,000 (£15,000 for general damages and £8,000 to cover future dental treatment).
In response to this offer, Blanca drafted a detailed Schedule of Loss confirming all the past/future expenses resulting from the collision. This and a counteroffer was made to the MIB and the case settled for nearly £35,0000
“Cycle lanes in London are meant to offer cyclists a measure of protection and confidence when cycling. My client was subject to a wholly avoidable collision by a driver who did not respect the division of the road into a cycle lane and who then cowardly sped away from the scene of the crash.
This case is a reminder that sometimes psychological injuries take longer to heal and can have a profound impact on an individual. My client, who had been outgoing and sociable before the collision, was sadly reduced to a shadow of his former self. We were pleased to arrange for an interim payment to be made to him in order for CBT therapy to begin.”
Interim payments are made before the conclusion of a case. Such payments are crucial to ensure appropriate medical treatment can be pursued. In other cases, they are used to pay for home alterations needed to allow the injured person to continue living in their home.
Have you suffered injury due to a bike accident?
If you have suffered an injury due to a bike accident, you may be able to claim compensation. Call our specialist bicycle accident lawyers for a free consultation on 020 7485 8811.
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