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Cyclist injured by car had to leave work and wonders if he was right to reject insurer's first compensation claim offer...
In Nov 06 I was struck by a car whilst cycling to work in N.Ireland. I suffered a crush fracture of Lumber3 and soft tissue injuries to my neck and lower leg. I spent 2 weeks in hospital and wore a fracture jacket for the next 4 months. The driver accepted full responsibility and has since been prosecuted. Due to the nature of my work I could not return and had to seek alternative employment 8 months later. 13 months later just before Christmas the insurance company made their first offer via my solicitor for £8000. I feel they have tried to use the lure of Christmas and not considered my pain and suffering. I therefore have refused the offer and a writ has been served. Do you think I have done the right thing and why should insurance companies be allowed to get away with cheap tactics?
Insurance companies have paymasters, namely their shareholders. It is their job to pay you as little as possible and your solicitor's job to obtain a fair settlement.
Whilst we are the first to criticise insurance company for sneaky underhand tactics, once you have instructed your lawyer it becomes an equal playing field and any delay or under-settlement become the responsibility of your lawyer. In case of this sort proceedings should be issued within one month of medical reports being provided to the opponents and an immediate interim payment requested. If the interim payment is refused then an application to the court should be made. This puts pressure on your opponents.
Unfortunately we work with an adversarial system so you have to expect a battle. Your lawyer has responded swiftly by issuing proceedings so you should expect another offer shortly.
From the description of your injuries rejecting the offer sounds like the right decision but this is something your lawyer should be able to give you comfort on and indeed should be advising you on the likely level of damages. If you wish to change lawyers come back to us.
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