For example. I was involved in a car crash about 11 years ago. I was a passenger and we were rear ended while stopped at traffic lights. I had a stiff neck for a month and was out of work for the same time. I was paid by work so had no loss of earnings. I went to a solicitor as insurance companies were involved and I didn’t have the first clue what to do. I had a few hundred quid medical expenses and wanted them covered. I went to the insurance company’s doctor and told them I was fine now with no long term damage but had a stiff neck for a month.
I was called to court about a year later and was told that they were willing to settle for 6K. I was flabergasted. I wanted a few hundred quid. My barrister told me that if I held on for a few more months I could easily get 12K. I took the money and went on a long holiday to Thailand. We have some of the highest claim rates/value in Eurpoe AFAIK.
I’ve been in one accident that was clearly the other driver’s fault as he pulled right in front of me (I was going straight) when my light was green. When contacted by his insurance adjuster, I told him that ALL I wanted was to have my minivan fixed *by the dealer *, and a free rental comparable to my current vehicle in size because I needed to carpool 6 kids some days.
And that’s exactly what I got. The guy didn’t mean to hit me. Mistakes happen. I don’t see that as an opportunity to fleece anyone.
Hope you’re feeling better, yojimbo. Be sure to make up a better story about how you got the scar. I’m thinking machete wound or something…
I leave to ride the DALMAC a week from today. It’s a long distance bike ride/tour, and my route goes 340 miles in 5 days. I so do NOT need to read about biking accidents right now…
yojimbo, I’m sorry to hear about your accident. I like your attitude about not wanting to milk this for every euro you can get. I wish more people had the same attitude, but sadly, the opposite is all too common here in the states, too. The only thing I can suggest is to talk to the guy, and get your losses and expenses covered, but be sure that you don’t lock yourself out of anything that might show up afterwords. I don’t know if the guy in the car is just being decent about this, or trying to head off a money-grubbing lawsuit. Probably a little of both. Best of luck to you, and I hope you’re up and riding soon!
Some years ago, I slipped on some ice in front of a cafe and broke my foot. Many people had the immediate reaction that I should sue the cafe. I would reply that the ice was actually on the street (I was crossing the street to go to the cafe.). Some would then suggest I should sue the city. ohemgee, you guys. It’s ice in the winter. That shit happens here. My insurance paid for most of the medical costs, and I’m not angling for money just to get money. Yeesh.
The ‘pain and suffering’ brought up in this thread is exactly what the OP is frustrated at for being called stupid.
Yes, pain and suffering may be a legit reason to sue in some circumstances - but if the OP did not experience enduring pain and suffering, the making a claim for pain and suffering is just ripping someone off.
Trying to use pain and suffering as an excuse for bringing up a suit when there was no pain and suffering (which is completely up to the victim to determine) is frivolous.
I have a hard time believing someone needed 12 stitches but endured no pain or suffering. Thus I assume the OP experienced pain & suffering and would likely want to consider that in a damage claim.
Pain & suffering need not be “enduring” or long-term. However, long-term pain & suffering is generally worth more than short-term pain & suffering. A sore shoulder for a week is worth less than a sore shoulder for a month, a year, or a lifetime, but a sore shoulder for a week is still pain & suffering.
I agree that if you experienced no pain & suffering, claiming it anyway would be frivolous.
How much is the OP’s pain & suffering worth? I don’t know. Negotiate it. Hopefully, the parties can agree on a reasonable number.
Oh it hurt like fuck. It’s now a dull pain and I’m a bit stiff. I’ve got a bruise from my nipple to my bicep and another big one on my hip. Small bit of stiffness in my neck aswell but nothing major.
OK, severe pain. Now think about the duration of that pain. Does the prognosis call for an extended period of pain or treatment or is it a month of healing and then right back on track?
Sometimes people try to measure pain & suffering by taking a multiplier of the economic damages (medical bills) as a very rough guide. The greater the P&S, the bigger the multiplier.
The rule of thumb is three times your medical expenses or something like that. This, of course, gives people the incentive to run up their medical bills by seeing chiropractors, who are in on the scam, for weeks unnecessarily.
I’m with you, yojimbo. I’m no fan of insurance companies but that doesn’t mean that it’s ok to try to fuck them. There have been a few times in my life where I had that opportunity and I didn’t take it. Most people are greedy though.
Yeah, I’m with the OP. The guy has already agreed to make things right; there’s no reason not to settle it amicably.
I got hit by a car once when I was on my bike, same story. The lady who hit me wanted to file a police report first thing, and agreed to pay for the cost of a new bike (the old one was a wreck). Not a problem.
The court system is of course necessary, but it’s for the times when people can’t resolve things on their own.
Yojimbo, what is the story with cars parking on bus/cycle lanes in general? It seems a very common practice around Dublin. I’m glad you’re not more badly injured and hope you feel right as rain soon.
FYI, I am with the OP, too. My whole point is that asking for reasonable P&S damages as part of the claim is not “taking someone to the cleaners.” The parties should be able to work it out amicably, including some reasonable amount for P&S damages.
Sorry to burst your anti-attorney, anti-litigation bubble … but this is exactly how a personal injury lawsuit is prosecuted. First with a demand, followed by a payment and a release or the institution of a lawsuit. And like any other plaintiff in the world, you hope they settle quickly and generously. I don’t understand why you think you’re such a saint (not that I think there is anything unsaintly about suing for genuine damages occasioned by another person’s negligence).
I’ve no problem with either. I’ve a problem with people immediatly wanting to go for the jugular just to make the most money from an accident possible and calling me stupid for not feeling the same.
I was just talking about this very issue this morning with The Bloke. In response to a news report about victims of institutional abuse, it was stated that an apology was not appropriate, and only vast wads of money would help the ‘healing process’.
I’m not denying a basic right to compensation for injuries (physical and mental) suffered by such victims, but I question the automatic assumption that only money will make everything from the past go away and make the future a sunny place.