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Thread: Non Fault Motorcycle accident

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  1. #1
    beaconsman's Avatar


    Jan 2015
    1 Post(s)

    Default Non Fault Motorcycle accident

    Hi all, I got hit at a junction (crossroads) on Friday 14th July. It was my right of way and the car was going straight across the junction with give way signs and road markings for him. I had a clear right of way. I managed to bank the bike so to avoid his car full font on, and he clipped my leg as i tried to go around him. Went down hard, about 40-50mph. All gear is wrecked, went to and a and e after riding the bike home for 3 miles with my wife following no police attended. He gave me his insurance details and said the usual, sorry mate i didn't see you (SMIDSY). Friday evening at about 6pm i went to local a and e as my leg was swelling up badly. Got checked out and thankfully no fractures, however over the weekend the injuries have come to the fore and in the mornings i am really sore and my back, hip bone only left side, and lower leg/ankle struggles to bear weight, I also cant get comfortable at night in bed. My insurance got me the solicitor and they called me friday night at 8pm. I am lucky that I finished work for the summer break (high school) and i don't return until 4th sept. I am having a hire bike this week also. My injuries are made worse by the fact i have sustained previous injuries whilst in the forces and it is just exasperating them again. My worry is the injuries I have now, will take far longer to heal than the previous ones i sustained in the army as they never really went away, as it was near fatal. It was pure adrenaline that i rode the bike home as it is heavy cosmetic damage but fear the bike will be written off due to its age. Any advice is appreciated as this is a non fault claim and have never had one before, being my first big off on a motorcycle...had bikes all my life and was just experience that I managed to miss the big impact by steering around him as much as i could, then him clipping my leg and takeingme down as he continued to go forward over the give way junction. Thanks all, i really have no idea what happens in regards to the bike, me, and my gear. plus injuries sustained, all have been photographed for evidence.

  2. #2
    Kati's Avatar

    LB Team Member

    Jun 2014
    1104 Post(s)

    Default Re: Non Fault Motorcycle accident

    tagging @des8 @R0b ??
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido


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  3. #3
    des8's Avatar

    VIP Member

    Mar 2013
    418 Post(s)

    Default Re: Non Fault Motorcycle accident

    Hi and welcome.
    Been there, done that and got the T shirt too many years ago.
    Any witnesses?
    Any photos of the scene?

    What sort of insurance do you have?

    It seems you have already advised your insurers, and they have instructed solicitors,
    Are they going to act for you because you have legal cover?

    If you are claiming under your own policy for loss of bike and clothing, your company should pay for all the damage less the policy excess.
    You can then claim against the third party for your excess and any other costs you encounter e.g. a weekly amount for loss of use, damages for the personal injuries suffered etc.
    If the solicitors instructed by your insurers are acting for you in this regard they should be able to tell you fully what you can claim, negotiate the claim for you and eventually collect the award from the third party insurers for you.
    Don't expect a fast settlement, and as you have been injured don't be ready to settle quickly anyway. Make sure you have recovered fully before agreeing a figure.

  4. #4
    Peridot's Avatar

    Legal Admin

    May 2016
    128 Post(s)

    Default Re: Non Fault Motorcycle accident

    Hi beaconsman,
    Agree with Des8, do keep going back to your GP if you are still experiencing problems with your injury. Once you have a likely prognosis and the injuries have been shown to be sufficient to make the claim then be guided by your solicitor with regard to any proposed settlement.
    Don't forget to keep receipts for any payments made relating to the accident and injuries, for example painkillers etc. Do also accept any offer of physio and treatment that is forthcoming.
    If you are able get some photos of the accident location that may be helpful.
    Hopefully you will recover without any issues and can get on with things, but if you don't, the potential defendant has to take their victim as they find them, previous injuries that have flared up and all, provided medical evidence supports this.
    Here if you need any pointers.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

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