Hit by a car: compensation question

Factual Questions
1

Background:

My housemate was knocked off her bike over the weekend.

She wasn’t too badly hurt, but her knees took a pounding when she hit the road and are still dead sore and bruised.

The bloke that hit her offered to pay for a new bike etc, which will amount to about £120.

The guy doesn’t want to get his insurance company involved, and would prefer just to write her a cheque for £120 without going through court etc. He’s happy he was to blame, and the rozzers have all his details etc, so no worries there.

My question is this:

if she accepts the £120, does this automatically imply “full and final settlement” (or something like that)? If she later had to have eg. surgery on her knee as a result of the accident (hopefully won’t happen, but you never know), would the fact that she’s already accepted some money for the accident prevent her from chasing him up for personal injury compensation?

I’ve told her to head off to the Citizens Advice Bureau, but I was wondering if anyone could enlighten me?
Thanks,
Quirm

2

Head her off to the Bureau or see a barrister. Accepting the check (cheque) may constitute full settlement of the incident, especially if he writes that on the check. In unliquidated damages (no certain sum), acceptance of any moneys may be construed as full settlement. 100 pounds (is that about $170) wouldn’t even cover the cost of a good bike. Counteroffer, at least for ten times that.

3

I would take pictures of everything too…

Also, if he writes on the check a note that its a full settlement, then most likely it would be considered as such, right?

4

Thanks for the replies, I’ll make sure she gets some legal advice before accepting / signing anything.

5

She should see a doctor for the knee before she makes any deal.