Me + bike + car + splat + one year

Mr_Grinch

I think I may have posted about this last year, I'm after further advice.

Last year I was cycling home on my little folding bike when a taxi pulled out of a junction and drove straight in to me. I was in a cycle lane at the time, and my bike's lights were on. I hit the ground pretty hard and ended up fairly bruised and battered with a sore elbow. My bike ended up worse off and the front wheel had buckled.

The taxi driver gave me a lift home and gave me his number, so I could let him know about repairs to the bike. A woman also followed (unbeknown to me at the time) and as I was going in to my house she tapped me on the shoulder and passed me her number saying she'd be willing to be an independent witness.

Anyway, I didn't think much of the injuries but I was persuaded to go to the hospital anyway and phone the police. I reported it to the police and had myself checked out, all seemed well, they were only a little concerned with my elbow, if it didn't sort itself out I was to go back.

I like my rock climbing though, and didn't want to be laid up anytime, so I just put up with the slight pain in my elbow and went back to it a couple of days later, same with my swimming. Eventually it would just twinge if I put both elbows down on something whilst resting, after a while longer this stopped too.

The replacement part came in for my bike and the taxi driver paid for it.

All was well.

Then last Thursday, some 15 months on, I slipped whilst climbing and banged my elbow. This isn't something unusual and I've done it before, however I must have hit the point on my elbow I hurt when coming off my bike. The pain came back instantly. My elbow now feels exactly like it did after my accident.

Now my natural instinct is just to put up and get on with things and it'll go off again, as it did before but I'm doubting this is healthy. I just don't want too much down-time from my climbing!

So any opinions? Should I go get it checked out at the doctors, or maybe i just bruised it? If it is damaged should I do anything regarding the taxi driver? I didn't bother with anything previously as I didn't think it had done any harm, so just let him pay for the bike.

Esh

IANAL, but I would think it's way past the time for you to gather any compensation from the taxi driver about this. You should've gone to the hospital that very night to check for unseen injuries and filed with his insurance.

Dirtmuncher

Go to the doctor.
Did they take x-rays last year?

You might have chipped a bit of bone of your elbow and this can cause discomfort, pain and infection.

Godfather

I don't want to jump down your throat like most people in H/A will when it comes to medical advice, but yes, get it looked at by a doctor. At the very least it will quell your worries even if it turns out to be a simple bruise.

I've heard of cases where old injuries come back with full force due to simple injuries like this, but this is mere anecdotal evidence.

Mr_Grinch

Doctors appointment booked for later this week, cheers guys, just needed the "don't ignore it you idiot" push.

bowen

Esh wrote: »

IANAL, but I would think it's way past the time for you to gather any compensation from the taxi driver about this. You should've gone to the hospital that very night to check for unseen injuries and filed with his insurance.

He did go though. But you're right, I think the statute of limitations for this stuff is 1 year. Though if an unforeseen complication comes up it might be okay.

Best bet go see a doctor, then talk to a lawyer.

SammyF

bowen wrote: »

Esh wrote: »

IANAL, but I would think it's way past the time for you to gather any compensation from the taxi driver about this. You should've gone to the hospital that very night to check for unseen injuries and filed with his insurance.

He did go though. But you're right, I think the statute of limitations for this stuff is 1 year.

Is it in England? Might give a local solicitor a call just to check if there ends up being some sort of horrendous medical bill.

Jealous Deva

Not sure what the laws are in England, but I'm pretty sure that there is no statute of limitations on such things in the US.

However, burden of proof is extremely difficult in these kinds of cases, especially after such a duration of time and a further injury.

It depends a lot on what they originally did, if they took fairly comprehensive radiographs you are obviously better off than if someone just looked at it, felt around a bit, and told you to see if it gets better. If there was evidence of injury in the initial xrays, such as stress fractures, etc, then you may have a case if it ends up being something major.

Get checked out regardless though.

saltiness

Next time you get hit by a car call the cops immediately and do not let the driver leave the scene. Had you done this his insurance would be paying for you to go to the doctor now. That is if it's anything like it is in the US where you are.

japan

Esh wrote: »

IANAL, but I would think it's way past the time for you to gather any compensation from the taxi driver about this. You should've gone to the hospital that very night to check for unseen injuries and filed with his insurance.

Limitation is three years in the UK. It's perfectly reasonable (and possible) to pursue a claim for injuries that didn't become apparent until some time after the accident.

EDIT: If you are looking to pursue a claim, http://www.cyclistsdefencefund.org.uk/ have some useful info, and Irwin Mitchell are about the most well-respected firm that still take people on no-win, no-fee instead of just doing insurance legal defence and uninsured loss recovery.

Esh

Yes, but from what I'm gathering he didn't get x-rayed when he went to the hospital. He's going to have a he'll of a time proving that something from that accident caused his current predicament. It's why you don't settle with insurance companies until you're sure you're all better.

japan

Esh wrote: »

Yes, but from what I'm gathering he didn't get x-rayed when he went to the hospital. He's going to have a he'll of a time proving that something from that accident caused his current predicament. It's why you don't settle with insurance companies until you're sure you're all better.

The regulatory environment in the UK favours claimants a lot more heavily than it does in the US. Insurance claims are what I do for a living, and there aren't any particular obstacles to this being pursued.

If there is a record of injury, and a medical opinion that the current pain is likely to be related to the previous injury (which can be as simple as a medical opinion that the present symptoms are disproportionate with respect to the circumstances of the more recent injury), "There aren't any X-rays" is not an especially strong defence, especially if there isn't any reason to presume that it is or was an injury that would even show up on an X-ray. In addition to that, bones don't heal cleanly. A doctor can comment on past injuries from current X-rays if required.

The burden of proof in a Civil court is "the balance of probabilities". The OP doesn't have to "prove" anything.

Esh

japan wrote: »

Esh wrote: »

Yes, but from what I'm gathering he didn't get x-rayed when he went to the hospital. He's going to have a he'll of a time proving that something from that accident caused his current predicament. It's why you don't settle with insurance companies until you're sure you're all better.

The regulatory environment in the UK favours claimants a lot more heavily than it does in the US. Insurance claims are what I do for a living, and there aren't any particular obstacles to this being pursued.

If there is a record of injury, and a medical opinion that the current pain is likely to be related to the previous injury (which can be as simple as a medical opinion that the present symptoms are disproportionate with respect to the circumstances of the more recent injury), "There aren't any X-rays" is not an especially strong defence, especially if there isn't any reason to presume that it is or was an injury that would even show up on an X-ray. In addition to that, bones don't heal cleanly. A doctor can comment on past injuries from current X-rays if required.

The burden of proof in a Civil court is "the balance of probabilities". The OP doesn't have to "prove" anything.

The OP also talks about repeatedly falling on the elbow since then while climbing. I'd venture that's probably what's doing the damage. But, it can't hurt to talk to a lawyer. Who knows what they'll say. If it's free to give it a shot, go for it.

I would say when you do see the doctor to make sure you mention the fact that you've repeatedly landed on the elbow since then and make sure you disclose all your climbing activity.

bowen

Naw, he said he's banged his elbow while climbing. Probably meant before the accident he's done it before.

I doubt the dude's climbing every weekend, probably an annual vacation of sorts.

Esh

bowen wrote: »

Naw, he said he's banged his elbow while climbing. Probably meant before the accident he's done it before.

I doubt the dude's climbing every weekend, probably an annual vacation of sorts.

"Then last Thursday, some 15 months on, I slipped whilst climbing and banged my elbow. This isn't something unusual and I've done it before..."

I read it as habitual, but who knows? I was thinking he was doing rock climbing gyms, but he could be going out and about.

Dr. Frenchenstein

a lawyer here (US) could probably rip your case in half. since you didn't get your injuries documented (rather, they were not documented as an injury), you have no proof the source of your current pain was caused by the accident, happened previous to it, or since. do you have medical coverage? honestly, i would just go to the doctor, and unless they can say definitively your injury was caused by this accident, and not the proceeding falls while climbing, just chalk it up as a loss. more than likely, whatever you spend on a lawyer will far outweigh your potential gain here.

My recent interactions in a courtroom have soured me pretty heavily on getting litigious, tbh. so take my advice with a grain of salt.

bowen

Esh wrote: »

bowen wrote: »

Naw, he said he's banged his elbow while climbing. Probably meant before the accident he's done it before.

I doubt the dude's climbing every weekend, probably an annual vacation of sorts.

"Then last Thursday, some 15 months on, I slipped whilst climbing and banged my elbow. This isn't something unusual and I've done it before..."

I read it as habitual, but who knows? I was thinking he was doing rock climbing gyms, but he could be going out and about.

Yeah that's what I meant. But we have no way of knowing how frequently he bangs his elbow outside of rock climbing, or even how frequently he rock climbs.