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Tuesday 14 March 2017

Claims & the Law

Today I contacted the car owners insurers. I had asked if she had informed them & the police about the accident. She said she had - The police weren't interested & there was a claim number for the insurers. It turns out that she only notified them yesterday after my email query.

I got put through to Admiral's underwriters who have to assess my claim. They took the details & will get back to me. There may be a point when I need to get a lawyer who specialises in accidental injury, but I'd rather avoid that if I can. In my voluntary experience as a Magistrate for many years & then a trained Mediator, the Law just complicates matters because our system is so adversarial.

What's happened has happened. Nothing can change it.

I don't think I have recovered from the concussion yet. My memory of Monday shows no sign of returning. The facial bruising is much better though. My left arm, shoulder & neck is still very painful & movement is limited. I'm seeing my GP today.

The thing is, given that the car owner has admitted that she caused the accident beause the car shouldn't have been parked with the cycle rack jutting out so far onto the pavement, you would think that all of this could be settled fairly simply. I'm not holding my breath though. Insurers aren't known for paying out without a fight.

I am the one who has to acept all the repercussions from this accident, now & possibly in the future. I feel that Justice is on my side, but am old enough to know that doesn't mean that the Law will be.

PS
Well, sadly I was right. Admiralty Insurers have just phoned to say that they do not accept liability for this accident. They say because the car was unattended & stationary it was there to be seen. So the only relevant factor is I should have seen the cycle rack.

I really wish I could remember what happened, was I distracted, was I looking down at the pavement, which is most likely given the hazards on the pavements in Oxford? It seems that pedestrians should adopt a search & destroy stance, constantly on the look out for hazards in their way at whatever level. At least I could prove that I wasn't on my mobile phone, which I imagine is what the insurers might assume.

Now I have to decide whether to take it to a lawyer. Admiral would prefer to go to court. Is it too cynical to think that's because most plaintiffs would not want to endure that stress, hassle & cost?

PPS
Visited my GP. Have to go and have more X rays on the arm, shoulder, neck & back. Life isn't fair.

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