I was cycling to work when a lady drove out of a car park and failed to see me. I hit the car with the upper part of my body. The police were called and I was taken to the hospital by ambulance. At the hospital I was given the all clear, as apparently there was no indication of major injury. I had x-rays on my hand only. A couple of days afterwards I started feeling very acute pain on my ribs, making it difficult to sleep. I was signed off for a week by my GP and I’ve been on heavy pain killers since. The police sent me a letter the other day saying they haven’t got witnesses to proceed with this case. I find it difficult to believe they haven’t got any evidence as there is a camera just at the entrance of the car park and the road where the accident happened and there were several passer byes at that time. I can feel with my hands that my ribs are fractured. I went to the GP yesterday again. He said there’s nothing I can do apart from taking painkillers and anti-inflammatory drugs. I requested the driver’s details when speaking to the police and I got them today. I also asked them to provide details of the CCTV footage. They wrote that from the CCTV footage it could not be established who was at fault for the incident and that I can obtain a copy of it if I pay £170. Could you help me with my situation as I would like to make a no-win no-fee claim?
One Response to “I was cycling to work when a lady drove out of a car park and failed to see me. Can I claim compensation?”
Based on the information provided, it appears you have been correctly proceeding on your bicycle when the offending driver has pulled out from a stationary position when unsafe to do so. It is their responsibility to check that the path is clear before pulling out if there are ‘give way’ markings on the road. In respect to obtaining evidence from the police, a good solicitor could acquire the CCTV footage for you should liability be disputed by the other driver’s insurer. Even if CCTV footage is not available or is unclear, your legal representative can argue liability on your behalf based on the position of the vehicles in the road, the areas of damage and witness evidence should the case proceed to court. Should a medical expert recommend rehabilitation treatment, your accident compensation claims solicitor may also be able to arrange that for you. It’s important to note that Accidentcompensation.co.uk isn’t a solicitors firm and so to confirm whether you are entitled to compensation, you should find a good personal injury solicitor.