Case study: cyclist knocked off bike turning into a side street

Mr G was awarded £83,281.31

A cyclist that suffered severe injuries after being knocked off his bike turning into a side street, was awarded over £80,000 compensation thanks to help from JMW's cycling collision specialists, Twisted Spokes.

The claim

An amateur triathlete, Mr G was on a training cycle ride when he was knocked from his bike by a car turning into a side street. He sustained a serious knee injury and a fractured collar bone requiring surgery two days after the accident. He claimed against the driver of the car.

Medical evidence

We sent a letter of claim to the defendant’s insurers on Mr G’s behalf, advising that he was seeking compensation. They admitted liability for the accident straight away.

Our team then gathered medical evidence to establish what level of compensation Mr G should receive. Seven months after the accident, Mr G required an arthroscopy to correct the knee injury and overall, his injuries were complex. They took time to heal and created extensive medical notes, all of which we needed copies of.

We also needed to wait for a final prognosis on Mr G’s injuries. This showed that Mr G would require knee surgery almost every decade for the rest of his life, as well as continuing physiotherapy. He was no longer able to run competitively or compete in triathlons.

Rejection of low offers

Before we had all the medical evidence, the defendant’s insurer made two offers to settle Mr G’s general damages (his pain, suffering and loss of amenity), which our team felt were too low. After discussion with Mr G, they were rejected.

We issued protective court proceedings, as Mr G’s case was due to reach the three year limitation deadline when a case must be settled or issued with the court. The defendant hired a solicitor, who made another settlement offer. This offer came after we had agreed to a request from the solicitor to have their medical expert examine Mr G, but before the examination. Their offer was still much lower than we felt was appropriate, and Mr G agreed to reject it.

Following court procedure

Once we had issued court proceedings, we and the defendant’s solicitor had to agree on a timetable for exchanging certain documents. The court set out this timetable, as well as a case management hearing for Mr G’s case. As we and the defendant had similar medical experts independently examine Mr G, we were also court ordered to ensure they produced a joint statement on Mr G’s injuries.

Mr G was examined by the defendant solicitor’s independent medical expert. Before the defendant had received the report, we made a realistic offer to settle the case. This would have meant that the work around gathering documents, the case management hearing and the joint medical statement would not have been required, however it was quickly rejected and we continued to follow the timetable laid out by the court.

Joint Settlement Meeting

The defendant’s solicitor requested a joint settlement meeting to try and settle the case, which we agreed to. Their opening offer was more than £30,000 below our previous offer and did not reflect the true nature of Mr G’s claim. We negotiated heavily and finally an agreement was reached. The case settled at £72,500, excluding interim payments.

Final payout

This gave Mr G a total settlement of £83,281.31. Mr G was delighted with the result the Twisted Spokes team was able to achieve for him and although he is unable to compete in triathlons again, this resolution to a lengthy case has been welcomed.

Have you also been knocked off your bike by a car driver?

Speak to the lawyers at Twisted Spokes to discuss the incident and whether you can make a claim. Contact us by calling 0808 168 7228 or filling in our contact form.

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