RTA solicitor explains how to claim compensation to a mountain bike road traffic accident victim in Dundee in Scotland.
Mountain bike road traffic accident victim question
I was cycling my mountain bike from Aberdeen to Perth in Scotland when I came to a set of traffic lights in Dundee. The lights were initially on red and I was at the front of the traffic queue. When the lights turned to green I started forward – as I did the car behind sped past me and attempted to turn left without indicating as I was passing the junction and in front of my path.
The back of his car collided with the front wheel of my mountain bike before I had time to react. I lost control and fell into the middle of the road. Luckily the car behind me witnessed the accident and stopped. As the accident happened at rush hour, it was very busy.
The witness stopped, slowed the traffic, helped me off the road along with my bike. An ambulance was called along with the Police. Fortunately the witness managed to take the driver’s registration number as the car driver had not stopped at the accident scene.
I was taken to hospital and diagnosed with a dislocated right shoulder and broken collar bone. I am in extreme pain with limited movement in my shoulder and my arm.
It is only a week since the accident, but can you tell me:
1. Can I make a claim with only a registration number plate?
2. If I can claim – at what time would I claim as I don’t know how long I will be off work?
3. Can I claim sick pay, injury compensation and cost of my mountain bike repair?
4. I have a hospital review next week. Should I wait for more medical news before doing anything else?
Road traffic accident solicitor response
To answer your questions in sequence:
1. With the registration number plate the police and your solicitor will be able to find the owner of the vehicle and commence a claim against the owner and his motor insurer. If the driver of the vehicle cannot be found then your claim would likely proceed via the Motor Insurers Bureau Untraced Drivers Agreement.
2. You should commence your claim sooner rather than later – accumulating evidence for lost income (both past and future losses) and other financial losses is a meticulous process.
In addition – you need to understand the records you should keep in relation to your pain and suffering for physical and any psychological injuries.
Medical evidence from an independent expert will be obtained by your solicitor describing your injuries (dislocated shoulder and fractured collar bone) together with the effect of any continuing symptoms on your quality of life. This expert will have access to your hospital and GP notes, but this appointment will take place typically a few months after your accident to allow your symptoms to settle.
3. You can claim for all injuries and losses, which are as a direct result of your accident – which should include: pain and suffering for your dislocated shoulder and fractured collar bone; your lost income 9both past and future losses), the cost of your mountain bike repair and other expenses you may have incurred including medical expenses, travel expenses to the hospital and GP, help in the home, etc.
4. As I explained at number 3 – you do not need to wait until your hospital review takes place as the independent medical report will be obtained by your solicitor in a number of months from now and access to your GP and hospital notes will be made available to the expert. If it is too early for the expert to give a definitive prognosis about your likely future symptoms – the expert will comment and recommend a review to produce an updating medical report.
I hope I have answered your questions?
Making a claim for a mountain bike road traffic accident in Scotland
If you would like to commence a claim with a specialist Scottish RTA solicitor or to speak to me in person free of charge click mountain bike road traffic accident claim Scotland.