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  1. #1
    beaconsman's Avatar

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    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

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    Default Re: Non Fault Motorcycle accident

    tagging @des8 @R0b ??
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  3. #3
    des8's Avatar

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    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

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    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.

  5. #5
    beaconsman's Avatar

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    Default Re: Non Fault Motorcycle accident

    Update: My Insurer (Bennetts) have been brill.
    Full liability was admitted by third party's insurers within a week. Bike was written off and accepted a settlement figure for a total loss plus salvage value if they kept it (£1500). Which wasn't bad and about the market value. Only issue I did have with was helmet and leather cover, all receipts of purchase were needed which I didn't have, I had photos of the damage and jacket, gloves and boots were paid for, helmet they only paid out £40 (General Insurance?) which I thought was scandalous! I have now replaced everything and have receipts. You don't think of things like this as your recovering and enduring all this extra hassle. My helmet was in excess of £200 so I just sent them a receipt for a spare I had as didn't have the receipt for the original.

    I have had several days off work after starting back for the new academic year in September and on the 26th September the pain got unbearable whilst at work so went to the GP. Was signed off for a month which takes me into my half term week (due to go back on the 30th), I am concerned as the pain is constant and will not be able to carry out my role as before as lifting is required of heavy materials, lots of walking as it is a large campus. I am on Codeine and Diazapam which makes mornings.."woozy"..! This is to stop spasms at night and cause further injuries. I am due my last physiology session tomorrow although it is under review wether I need more. I am further concerned if I get signed for another month, whilst on the medication makes mornings not pleasant! The thought of driving under codeine and Diazapam is scaring me! Due to the pre existing and now exasperated injuries from the military, I feel I may have no choice but to quit the job as it involves an hour commute each way which I simply cannot do at the moment (A colleague whom I used to car share with in the winter has quit as well, due to the commute/wages), I had a medical assessment for the Personal injury side on sat (14th) so will have to see what happens from here on in. Recovery is taking rather long!

  6. #6
    des8's Avatar

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    Default Re: Non Fault Motorcycle accident

    Thanks for the update.
    Glad to hear the material damage side has been sorted.

    Regarding your claim for personal Injury, we did warn not to settle too quickly as it could take a LONG LONG time!.
    If your injuries cause you to lose your job, or take a lower paid position, that should be added into your claim.

    Don't forget that although driving whilst taking prescribed medication is not of itself illegal, it is illegal if it makes you unfit to drive.
    However I'm sure you would not do such a thing (!), especially if it worries you.
    You could ask your doctor for advice


    Just seen from your post on another thread that your injuries may have been aggravated by heavy lifting at work.
    Adding it here so fuller picture available to posters
    Last edited by des8; 16th October 2017 at 10:15:AM. Reason: add further info

  7. #7
    beaconsman's Avatar

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    Default Re: Non Fault Motorcycle accident

    Hi, thats the main reason for being declared unfit for work. I have an hour's drive each way, not recommended due to the medication plus also the nature of my job. I am currently looking out for alternative employment in the case that I cannot continue.

    In the case of the accident, it was captured (kind of) on dash cam from a an eye witness (DPD courier) as the van passes the junction you can clearly see the car failing to give way and cross the unjoined markings, stop half way, as you see me approaching, the van passes and you hear the bang(s),,apparently this provided undisputed liability as the highway code is what the action (s) of the 3rd parties liability is assessed on, that being failure to give way.

    I cannot get a lower paid position as I am pro rata and barely make a decent a living with the travelling costs! I am a lowly DT tech..;( undergrad with the OU is ongoing..

  8. #8
    beaconsman's Avatar

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    Default Re: Non Fault Motorcycle accident

    Advice please: My employer called (senior line manager) and asked if I was returning to work! She also said, oh well, theres a blame a claim eh..I thighs it was highly inappropriate considering I have I've my best whilst at work. I said i hope to after my GP review next week. I concerned that somethings afoot at work as I have been away for 3 weeks as the last week of my sick note is in the half term. I spoke to solicitors yesterday and they advised me to return the GP and see what he says, play it by er. If I get signed off again then there is nothing my employer can do (in case they try and "get rid of me"). I also concerned if the case I cannot continue due to theatre of the role, of future loss of earnings etc.

  9. #9
    des8's Avatar

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    Default Re: Non Fault Motorcycle accident

    Well if you lose earnings because of your m'cycle accident, that becomes part of your claim.
    However I think there might be complications because of your ongoing (?) claim(s) against your employer for (1) the pothole incident and (2) the aggravation caused by not having a phased return to work.

  10. #10
    beaconsman's Avatar

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    Default Re: Non Fault Motorcycle accident

    "pothole incident"?

  11. #11
    des8's Avatar

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    Default Re: Non Fault Motorcycle accident

    OOPs! must have had too many windows open at the time.
    Sorry

  12. #12
    beaconsman's Avatar

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    Default Re: Non Fault Motorcycle accident

    Thats ok! I am not happy with present personal injury claim firm, appointed by insurer (Bennetts). I have given them a month to sort out their act or I will leave and take it elsewhere. fair enough? Liability been admitted in full, so, I am sure it should be a straight forward case...

  13. #13
    des8's Avatar

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    Default Re: Non Fault Motorcycle accident

    Be careful, they will probably charge for the work already done ,
    These charges would normally be paid by the third party insurers, but if you dismiss them you'll possibly have to pay them.


    Why are you unhappy with them (presumably a firm of solicitors)?

  14. #14
    Peridot's Avatar

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    Default Re: Non Fault Motorcycle accident

    Hi,
    The delay is probably due to the injury progression. You don’t want to be settling too soon with regard to the injury damages (general damages) particularly when you’re dealing with a pre-existing condition too.
    In respect of the other damages, loss of earnings, medication, physio etc you should be able to get an interim payment particularly if liability has been admitted.
    General damages wouldn’t usually be sorted until the medical evidence is finalised.
    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.

  15. #15
    seduraed's Avatar

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    Default Re: Non Fault Motorcycle accident

    I must concur with the advice given. Personal injury and liability claims can take a long time. Check your insurance out , you may have personal injury insurance or loss of earnings cover. Also check with your employer to see if you were enrolled in anything.
    Stay with your insurer you don't want large bills.
    Take a note of everything,get receipts for all travel fuel etc. Make an estimate of costs for your time in preparing documents. The other driver was at fault you were not. There is insurance in place and this is what it is for.

  16. #16
    beaconsman's Avatar

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    Default Re: Non Fault Motorcycle accident

    Interim payments cannot be made based on the MoJ, plus they have yet to receive the full medical assessment from the private consultant i was sent too on the 14th October....(a rather long and heated debate yesterday via the telephone). Full liability was admitted within a few days by the third parties insurer, accident was partially caught on dash cam footage by an eyewitness, the liability was admitted due to the footage supplied. Just at a loss as to why they say I have to wait for the medical report, I was having Physiotherapy every week for 8 weeks! Then it just stopped as they wouldn't authorise any more..it was helping me a lot with movement, I am back where I was immediately after the accident (14th July) in pain and lack of movement, which will severely affect my return to work...if at all due to my role (and associated tasks I have to carry out, lifting, carrying etc).

    Since had a call back form the "Law firm"...(by definition it stands to be ironic)...and they have now authorised more physio sessions, the date it happened (14th July) was my last commute home for the summer (pro rata) so I wasn't due back until September, I spent all summer recovering, lost holidays also, attempted a return and lasted 2 weeks before my back just gave up whilst at work, self certified for 5 days hoping would be better. Eventually my wife drove me to GP, on 26th sept was signed off for a month, then returned on 26th October to get signed off until 30th November, have a GP appt on 16th Nov as meeting HR (employer) on 20th.

    This is my last month on 100% salary, after this it drops to 50% for 2 months. So, worried yes, about my back/health and possible incompetent law firm, financial commitments (mortgage, HP agreements for our car ((Although my wife could cover this)) and my replacement motorcycle ((yes, i rushed into this!)). My employer has replaced me temporarily, although I am very worried that due to this, along with the pre existing military injuries, a return to my role may not be at all possible due to the fact it is a long commute (30 miles plus one way) and I get bad spasms/shooting pains whilst driving short distances..)

    I also may have to sell my motorcycles as I cannot ride nor can i restore my project bikes which is my hobby...(along with no ice skating/or karate.

    All i got was the usual from the third party, "sorry mate, I didn't see you". Bright red motorcycle, dipped headlights...
    Last edited by beaconsman; 14th November 2017 at 10:52:AM.

  17. #17
    des8's Avatar

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    Default Re: Non Fault Motorcycle accident

    As I warned you at the very beginning, do not rush into settling your claim.

    Your loss of salary, and all your other problems become part of your claim.
    If you have a full & final settle early you will not be able to reopen your claim.

    Don't understand your comment about MoJ.
    Interim payments are quite common in Personal Injury cases, especially where the third party admits liability.
    By not making them the insurers are putting pressure on the injured to settle quickly because of cash flow problems met by the injured party.
    To level the playing field by removing this pressure courts will award interim payments.

  18. #18
    Peridot's Avatar

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    Default Re: Non Fault Motorcycle accident

    Paying for some physio is in effect an interim payment.
    Was the appointment on 14th Oct the first medical expert you've seen as part of the claim? In which case, until the injuries you suffered are established to be as a result of the accident (or have exacerbated your old injury) then it is unlikely an interim would be offered.
    Obtaining medical evidence to support your claim, can take a ridiculous amount of time. All your medical records have to be obtained which is usually where the significant delays arise! Once the report is received then, provided you can demonstrate that injuries are as a result of the accident (or that an exacerbation has occurred of your previous injuries), then an interim should be requested.
    Good the defendant's insurers have now agreed to fund some further physio.
    Hang on in there.
    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.

  19. #19
    beaconsman's Avatar

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    Default Re: Non Fault Motorcycle accident

    Hi Peridot, the appointment on the 14th October was originally scheduled for 26th August, however this was cancelled and put back to allow the injuries to settle...My law firm acting on behalf of insurers told me this. The medical report was carried out by an independent person as opposed to my GP. He was the first the independent expert, yes. I have seen my GP, on these occasions, he has signed me off and given me prescriptions (Diazepam and Codeine) for the pain/spasms.

    My old injury was gained in HM Forces (2002), I left in 2003. I was told the consultant is waiting for my medical notes from my surgery, this can take up to 40 days...? (payment was made on the 2nd November)...
    He then has 14 days to write and produce the report and send it to my legal representatives, upon receiving this, the compensation amount can be justified in relation to the report.

    The defendants insurers haven't authorised more physio, it was my own Legal representatives that said they will authorise 4 more sessions. I presume they will be claiming for these anyway.

    I have a meeting with my HR (work) on the 20th Nov, so I dont really know what to say...quite worried and anxious tbh,
    hat I dont understand is if liability (in full) has been admitted, why is the issue of me getting treatment and help towards payments an issue? My legal rep has said it down to MoJ and the processes?..
    Last edited by beaconsman; 15th November 2017 at 09:20:AM.

  20. #20
    Peridot's Avatar

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    Default Re: Non Fault Motorcycle accident

    It is good the insurers admitted liability so quickly. However, that is irrelevant in a personal jury claim if you can’t show the injury was as a result of the accident. Whiteout that causal link you wouldn’t be entitled to any ‘special’ damages, (loss of earnings etc)
    The injury and how it was caused is evidenced by the independent expert, not your own treating GP or specialist, so without the report you can’t expect a settlement or even a significant interim payment.
    Medical records are notoriously slow at being provided by GP and hospitals I’m afraid. With a pre existing condition it is to be expected an expert would wish to see all your records before compiling his report.
    You do need to sit tight for the time being I’m afraid.
    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.

  21. #21
    beaconsman's Avatar

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    Default Re: Non Fault Motorcycle accident

    Good Morning LBers, I have just had a missed call from physio so hopefully can arrange those. The pain is unbearable today.
    As regarding the claim, I will "sit tight", although I have no idea what to say to my HR meeting (at a mutual location 5 miles away form my home, as I cannot drive 30 miles to my place of work) although I do have GP appt tomorrow, maybe ask for a note to take with me? They already have a GP note for this current period up to and including the 30th November...If i return to work, or the GP says I am fit for work, at least I have 2 weeks, then Christmas break....I have eno idea when the spasms occur but if I am at work and am unable to drive afterwards, I may well be sleeping at work also!

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