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I wonder if I could pick your collective brains please?

I was knocked off a year ago, entirely the driver's fault, and developed what the medics call a phobia, which has prevented me cycling on the road since.  Treatment, Cognitive Behaviour Therapy, is proposed but will take at least six months.  I had spent the previous year looking after father, brother and partner, all of whom died in 2017, and getting back on the bike was going to be my self selected treatment to help with the depression I was suffering, as I'm sure you all know, cycling is great for mental health.

Not being able to ride on the road has severely impacted my physical and mental health, and has taken away a significant part of my life, so what value should the damages for pain and suffering and loss of amenity be realistically valued at?

8 comments

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mike the bike [1141 posts] 5 days ago
3 likes

 

You need to talk to a specialist lawyer.  Best of luck.

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Dr_Lex [489 posts] 4 days ago
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^

Mike pretty much nails it - what you are asking depends on so many things, and you should consult a solicitor who specialises in personal injury claims. Best wishes for getting a satisfactory settlement or award in time.

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HoarseMann [160 posts] 3 days ago
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Crikey Burt you’ve been through a really rough time. You need some proper legal advice for the compensation question.

As for the phobia issue, I had something similar after a nasty incident. It’s been over a year for me and I’m back on the bike, but still nervous. I’ve helped my confidence by getting cameras front and back, a mirror to keep an eye on what’s behind and a change to my working hours resulted in commuting when the roads are quieter, oh, and some counselling and pills from the doc too. It’s been difficult not to get upset about the weight I’ve gained or the fitness I’ve lost, through no fault of my own.

Good luck with your recovery.

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BehindTheBikesheds [2709 posts] 3 days ago
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I was asked about the mental aspect when I was offed over 10 years ago, for me I was actually straight back on refusing to be taken to hosp but it did make me feel significantly more weary for a time after but not fearful fortunately. I only suffered a fractured elbow and my payout was 1750 net of costs.

Loss of enjoyment, worrying about doing an everyday activity to such a degree you feel you can't and are 'trapped' is no small matter. As above, you need to ask someone who has experience in the field and previous payouts for same/similar. maybe £1500-£2000 as a total guess as it's likely to be 18 months off..

 non bike related scenario meant I was off the bike for over 2 months due to a 40 day holiday in hospital (losing 2/5 my bodyweight) so I have a little understanding but not completely.

Good luck and hope you get back on soon,

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ktache [1042 posts] 3 days ago
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Have you been riding off road Burt?

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burtthebike [2317 posts] 3 days ago
1 like
HoarseMann wrote:

Crikey Burt you’ve been through a really rough time. You need some proper legal advice for the compensation question. As for the phobia issue, I had something similar after a nasty incident. It’s been over a year for me and I’m back on the bike, but still nervous. I’ve helped my confidence by getting cameras front and back, a mirror to keep an eye on what’s behind and a change to my working hours resulted in commuting when the roads are quieter, oh, and some counselling and pills from the doc too. It’s been difficult not to get upset about the weight I’ve gained or the fitness I’ve lost, through no fault of my own. Good luck with your recovery.

Thanks HoarseMann, it is both a comfort and sadness that others have been through pretty much the same thing.  Cameras and mirror are good ideas, and you're so right about the weight gained and fitness lost, the plan was to be doing a Super Randonneur series this year, but that ain't gonna happen.

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burtthebike [2317 posts] 3 days ago
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ktache wrote:

Have you been riding off road Burt?

Yes, there's a 2m local route I ride a couple of times a week, but I need to be out every day on the road.

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Rapha Nadal [963 posts] 9 hours ago
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Just to echo comments already made: a solicitor is your best source of info here.

I took a trip over the bonnet a few years ago, face first into the curb on the other side of the car, knocked out (helmet took the brunt thankfully), nice ride in an ambulance, scarring, anguish etc.

That payout, in addition to the £7,700 for my bike/kit, was just in excess of £10,000.  However, you will need to be extremely patient and jump through quite a few hoops, trips to other specialists as required by insurers - and assuming you have the details, it's been reported etc.

Best of luck, mate.