Holidaymaker Knocked Off Bike by Car Awarded Compensation

Author:
Darrel Jardine
Associate Solicitor, Holiday Claims
Date:
18/10/2021

We helped a man claim compensation after he was knocked off his bike by a car and suffered back injuries during a holiday in Italy.

David* was on a family holiday in Italy with his wife and two daughters when he went out for a morning bike ride.

During his ride, he approached a roundabout, and proceeded as there was no vehicle oncoming from his left. But suddenly, a car entered onto the roundabout, seemingly without seeing David, and collided with his bike.

David was knocked off his bike and suffered a fracture of his vertebra, as well as soft tissues injuries.

Thankfully, a witness came to help and phoned David’s wife, who drove to the scene straight away. David was then taken to hospital where he was operated on, but after being discharged, he remained in lots of pain and discomfort.

How Did the Accident Affect His Life?

David had looked forward to spending quality time on holiday with his wife and daughter, his back injuries meant the second week of his family holiday was completely ruined. For example, he had to miss planned trips to Verona, Venice and Garda Island and a special wedding anniversary dinner.

He was still in pain and discomfort after returning to the UK, which meant he couldn’t attend more planned engagements, including another foreign holiday during the October half-term.

His injuries had a big impact on his day-to-day life. For instance, he struggled with basic tasks such as getting dressed for several weeks after the accident, couldn’t drive for several months and struggled to sit down for any length of time months after the accident.

Although his employer was understanding, David still had to miss key meetings because he couldn’t travel, and invested in an height adjustable desk so he wouldn’t have to sit down for too long.

The whole experience was very upsetting for David and his family, especially his wife, who had to leave him in hospital in Italy to get the car, bikes and children back home, before travelling back to Italy to help him travel to the UK.

During this time, she had to arrange for their children to be looked after, and she then had to manage all the family daily travel commitments and bring in a wage all by herself.

David’s youngest daughter was also badly affected by what happened, as she had previously been very happy and carefree, but retreated into herself for several months and became very overprotective of him.

Before the accident, David had been very active, enjoying pursuits such as cycling and running in the Peak District several times a week, and looking forward to taking part in marathons and a planned cycling trip from London to Paris.

But eventually, he had to come to terms with the fact he’d probably never make a full recovery, and accept that it could be a long time before he could run or cycle again.

How We Helped

David got in touch with our Holiday Claims Solicitors and after speaking with him, I agreed to help him claim compensation for his injuries and financial losses.

I approached the insurance company of the driver responsible with details of what happened to David, arguing that the motorist hadn’t kept a proper lookout on the roundabout or taken any or adequate precautions to keep other road users safe.

I then arranged for David to be assessed by an independent medical expert and looked at the financial impact of his accident. This meant he could be compensated for costs such as his lost earnings, the damage to his bike and helmet, and various medical and travel expenses.

Following a police report into the accident, the insurance company admitted liability (fault), which meant we wouldn’t have to go to Court to settle the claim.

The Outcome

Following negotiations with the insurance company, David was awarded more than £52,000 in compensation. A further sum was awarded to his holiday and private health insurers to reimburse for their outlays.

David was very satisfied with the outcome of the case, and told us he’d be happy to recommend us to friends and family, or instruct us again if the need arose.

*not his real name

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