Cyclist run over by partially sighted motorist still battling with insurers

4 months ago 82

A Hampshire cyclist who was driven implicit by a partially sighted motorist has described her conflict to get the driver’s insurer, Aviva, to wage out.

It is much than a twelvemonth since Joanna Davies was dragged on the roadworthy for 20 metres by the aged driver, who was recovered to person specified mediocre eyesight that his car was impounded by the constabulary connected the spot.

But contempt him admitting liability astatine the time, being successfully prosecuted for driving without owed attraction and attraction and aboriginal banned, Davies says Aviva’s appointed lawyers person truthful acold refused to judge that she needs a caller motorcycle oregon to adjacent regenerate the apparel the paramedics had to chopped disconnected her astatine the scene.

Had Davies been successful her car alternatively of her caller Dutch bike, she suspects her assertion would person been paid months ago.

She says her solicitor told her this week that Aviva has offered conscionable implicit £5,000, little than fractional of the £11,000 she has claimed. If it goes to tribunal she faces different twelvemonth of waiting.

Aviva has denied it is stalling oregon refusing to wage her claim, and has pledged to reason the matter.

“I was cycling location connected my caller electrical motorcycle of 3 weeks erstwhile a operator ran maine implicit from behind,” she says. “My motorcycle and I were pulled nether his car. A witnesser aboriginal described however helium had carried connected driving due to the fact that helium thought helium had deed a postulation cone.”

Davies blacked retired for a fewer seconds with the archetypal impact. “When I came to, I was being dragged on with my caput inches from the rear instrumentality arch earlier I was capable to escaped myself and rotation away,” she says. “The operator carried connected different 30m with my motorcycle nether his car and lone stopped erstwhile different motorists forced him to propulsion over. Had I not been wearing a helmet the worst could person happened, and it was the astir unbelievably terrifying event.”

After the clang she hired the instrumentality steadfast Bott and Co to prosecute a assertion against Aviva to screen the outgo of her bike, cyclewear and income portion she was incapable to work.

The businesswoman, who runs the Gilded Teapot, a beverage store successful Lymington, says she followed each the proposal and kept a betterment diary, tracked everything she had to walk connected taxis and trains portion she was connected crutches and took photos of her injuries. Her accountant calculated her nonaccomplishment of earnings.

Joanna Davies extracurricular  the Gilded Teapot
Joanna Davies runs the Gilded Teapot successful Lymington. Photograph: Joanna Davies

However, she says determination person been delays each the mode done the process.

“Basically, I’m exhausted. It’s truly distressing to person to support advocating for however overmuch this clang has affected me. Apart from the constabulary and the astonishing paramedics, nary 1 successful this process seems to springiness a toss,” she says.

“The driver’s security look to deliberation I’m fraudulent but I’ve sent perfectly everything which proves I’m not. I conscionable don’t recognize wherefore this is happening.”

Aviva says: “We were precise atrocious to perceive of the mishap and the injuries Ms Davies sustained successful her roadworthy postulation accident. We person reviewed the details of the assertion and confirmed liability but are inactive awaiting basal information. We’re going to beryllium successful interaction with Ms Davies’ solicitors to effort to reason this substance arsenic rapidly arsenic possible.”

Russell Stephens of the foundation Cycling UK recommends utilizing ineligible enactment erstwhile pursuing a assertion related to roadworthy postulation incidents. Members of the foundation get escaped ineligible support.

“Professional enactment tin marque a existent difference, not conscionable successful a palmy assertion but besides reducing the trauma of having to relive the incidental each clip you prosecute with the different party.

“It’s 1 of the main reasons wherefore Cycling UK works intimately with the instrumentality steadfast Slater and Gordon to connection escaped ineligible proposal to our members successful narration to cycling incidents, and besides provides wide escaped guidance for anyone who is progressive successful a cycling collision connected our website.”