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My Accident Concerns

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headlamp
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PostPosted: 17:43 - 20 Dec 2008    Post subject: My Accident Concerns Reply with quote

Following my accident on Monday it is interesting and slightly disconcerting to see how things are progressing.

Just to remind everyone I was knocked off by a BMW X5 deciding to do a U turn just as I was filtering past. Fortunately I was going very slow (<5 mph) but sustained more damage to me then the bike - which has since been patched up and with a bit of gaffer tape and a few scratches is running OK.

The driver at the scene admitted liability, the police came - took a statement from him to that affect - and may prosecute - if it is in the public interest. I damaged my thumb - and pain in the ribs and various other parts of the body. On calling my insurance company (H&R)- the first thing they did was call a legal company who sent a representative round and will be pursuing personal injury claim, uninsured losses, fees for physiotherapy, and damages for any pain, loss of earnings, 'mental' trauma, and convalescence on my behalf! I've paid my additional premium for legal cover and by all rights I am 'entitled' to these. However I feel a tad uncomfortable with all this as it is not my nature to claim - when I pointed this out to the legal representative, he said not to worry as it is the insurance firms that fight it out and pays...

Why is it then that I feel like a carcass on the Serengeti being picked over by vultures or am I just being 'old fashioned'?
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ms51ves3
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PostPosted: 17:48 - 20 Dec 2008    Post subject: Reply with quote

You're getting money for nothing. It's why you pay for your insurance. Once the big cheque comes through, enjoy it.
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Itchy
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PostPosted: 17:53 - 20 Dec 2008    Post subject: Reply with quote

I think its called a tradgedy of the commons in that one man can't make a difference in that if you don't gouge the other guy all of the other gougings will still push up premiums anyway....


But then you sound a tad like Eric Idle in National Lampoon;s European Vacation who constantly gets knocked off his (push) bike by the Griswolds but gets up and in archaic british fashion says he is ok and its nothing.
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faddius
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PostPosted: 18:04 - 20 Dec 2008    Post subject: Reply with quote

If its shoosmiths dealing with it, good luck getting anyone who has any hint of common sense.

Mines still on going after 2 years.

Car hits me, man is driving, woman in passenger seat does claim, my statement I said a man was driving, solicitor contacted third party and confirmed it was the womans husband (so why didnt he start the claim?) - in her statement, the only other man in the car was a visiting professor from turkey - her husband was not in the car.

Visiting professor from turkey - unlicenced? Not insured? Driving on unfamiliar roads.

WHY CANT MY SOLICTOR WORK IT OUT.
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Hetzer
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PostPosted: 18:05 - 20 Dec 2008    Post subject: Re: My Accident Concerns Reply with quote

headlamp wrote:
Following my accident on Monday it is interesting and slightly disconcerting to see how things are progressing.

Just to remind everyone I was knocked off by a BMW X5 deciding to do a U turn just as I was filtering past. Fortunately I was going very slow (<5 mph) but sustained more damage to me then the bike - which has since been patched up and with a bit of gaffer tape and a few scratches is running OK.

The driver at the scene admitted liability, the police came - took a statement from him to that affect - and may prosecute - if it is in the public interest. I damaged my thumb - and pain in the ribs and various other parts of the body. On calling my insurance company (H&R)- the first thing they did was call a legal company who sent a representative round and will be pursuing personal injury claim, uninsured losses, fees for physiotherapy, and damages for any pain, loss of earnings, 'mental' trauma, and convalescence on my behalf! I've paid my additional premium for legal cover and by all rights I am 'entitled' to these. However I feel a tad uncomfortable with all this as it is not my nature to claim - when I pointed this out to the legal representative, he said not to worry as it is the insurance firms that fight it out and pays...

Why is it then that I feel like a carcass on the Serengeti being picked over by vultures or am I just being 'old fashioned'?


Oh for god's sake. Rolling Eyes
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Towton 1461
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PostPosted: 18:20 - 20 Dec 2008    Post subject: Re: My Accident Concerns Reply with quote

Hetzer wrote:
headlamp wrote:

Why is it then that I feel like a carcass on the Serengeti being picked over by vultures or am I just being 'old fashioned'?


Oh for god's sake. Rolling Eyes


Have some sympathy for the guy, Hetzer, he is clearly more
traumatised by the accident than he realises. Laughing

Hope you mentioned your feelings of the low self-esteem you are
now experiencing - engendered by the collision - to your legal guy,
Headlamp. Thumbs Up
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Hetzer
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PostPosted: 18:30 - 20 Dec 2008    Post subject: Re: My Accident Concerns Reply with quote

Towton '61 wrote:


Have some sympathy for the guy, Hetzer, he is clearly more
traumatised by the accident than he realises. Laughing

Hope you mentioned your feelings of the low self-esteem you are
now experiencing - engendered by the collision - to your legal guy,
Headlamp. Thumbs Up


Sounds more like to me the cliched phemomenon of 'The working man showing exemplary reluctance to take his dues'. Empty pride in stupidity is what it actually is. Laughing
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Towton 1461
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PostPosted: 19:17 - 20 Dec 2008    Post subject: Re: My Accident Concerns Reply with quote

Hetzer wrote:
Sounds more like to me the cliched phemomenon of 'The working man showing exemplary reluctance to take his dues'. Empty pride in stupidity is what it actually is. Laughing


Damn, Hetzer, I hadn't realised he was member of the lower
orders. He doesn't deserve anything but a severe flogging for
impeding a gentleman's progress on his trusty German steed.

Get back to your filthy hovel, Headlamp, and be thankful
you're not being transported. And, stop bloody wasting our time!

Wink
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Ariel Badger
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PostPosted: 19:54 - 20 Dec 2008    Post subject: Reply with quote

I loath the entire "Compensation Culture" that has crept here from America. If I had lost money from work through injury sure I would clain but for a few minor breaks like thumb and ribs Embarassed
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Hetzer
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PostPosted: 20:26 - 20 Dec 2008    Post subject: Reply with quote

1930 Ariel wrote:
I loath the entire "Compensation Culture" that has crept here from America. If I had lost money from work through injury sure I would clain but for a few minor breaks like thumb and ribs Embarassed


The state and big-business take you for everything they can at every possible opportunity, and you're going to refrain from returning the favour? On what, some kind of point of honour? Neutral
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mooserx
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PostPosted: 20:33 - 20 Dec 2008    Post subject: Reply with quote

where there's blame there's a claim.

unfrtunately this is the way things are right now, don't worry about it, don't feel bad, just take the money when it comes through and enjoy it.
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Finglonga
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PostPosted: 20:58 - 20 Dec 2008    Post subject: Re: My Accident Concerns Reply with quote

headlamp wrote:
On calling my insurance company (H&R)- the first thing they did was call a legal company who sent a representative round and will be pursuing personal injury claim, uninsured losses, fees for physiotherapy, and damages for any pain, loss of earnings, 'mental' trauma, and convalescence on my behalf!


Are you sure they called the compensation people? They are very quick to jump in and start making claims before the Insurance has investigated the accident. Confused

The insurers will do it but I would check with them first before you go ahead as it could be a firm just cashing in.
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Pete.
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PostPosted: 21:59 - 20 Dec 2008    Post subject: Reply with quote

Headlamp I had the exact same accident and a good witness too who has stated I was filtering carefully at 15mph. The guy's insurance have just offered a 50/50 deal (which I've told them to reject). I know how you feel as I was just thinking I'd just claim for what I could justify to myself but after that I'm going to hit them for everything I possibly can because it's looking very likely they are going to drag it out and put as much blame as possible onto me.

My advice is to let the solicitors claim for whatever they think they cn get and hope that the final settlement covers your losses. Factor-in that you are very likely to lose your no claims bonus (despite the guy admitting liability to at the scene) and you're gonna get loaded for a part-responsible claim when you renew.
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Denali
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PostPosted: 22:17 - 20 Dec 2008    Post subject: Reply with quote

If you don't let the lawyers do their stuff its going to be you out of pocket - why should the other driver get away with his carelessness and leave you to bear the cost and physical pain?

Believe me the Police won't care as you weren't seriously hurt or killed, so they won't prosecute him. In fact make sure you badger them to even submit the evidence they took down at the scene to the Traffic Criminal Justice Unit who will carry the investigation forward. The TCJU's findings will be key to any payout, if the Police who attended don't bother to submit their evidence (they often won't if its not "serious"), it'll just be your word against his... while he admitted it at the scene its amazing how people's views change and their honesty evaporates when they realise they might be in legal bother / their premiums will go up.
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pyx_e
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PostPosted: 22:21 - 20 Dec 2008    Post subject: Reply with quote

Hetzer wrote:
1930 Ariel wrote:
I loath the entire "Compensation Culture" that has crept here from America. If I had lost money from work through injury sure I would clain but for a few minor breaks like thumb and ribs Embarassed


The state and big-business take you for everything they can at every possible opportunity, and you're going to refrain from returning the favour? On what, some kind of point of honour? Neutral


Hetzer sorry to quote Nietzsche at you but ;

Quote:
He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you.


Just because the system is like that is no reason for a person to be like that too. In fact if a person despises the system a person should not behave like it, you just become the thing you hate, the pit sees into you. IMHO.
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headlamp
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PostPosted: 00:00 - 21 Dec 2008    Post subject: Re: My Accident Concerns Reply with quote

Hetzer wrote:
Towton '61 wrote:


Have some sympathy for the guy, Hetzer, he is clearly more
traumatised by the accident than he realises. Laughing

Hope you mentioned your feelings of the low self-esteem you are
now experiencing - engendered by the collision - to your legal guy,
Headlamp. Thumbs Up


Sounds more like to me the cliched phemomenon of 'The working man showing exemplary reluctance to take his dues'. Empty pride in stupidity is what it actually is. Laughing


Very Happy Very Happy Very Happy Very Happy Very Happy

Traumatised and working class...two afflictions I wouldn't normally associate with me but there you go!

Interesting points here so thanks to everyone who contributed - positvely or negatively....at the end of the day if everyone's doing it then so will I and if it turns out that the ligament damage in my left arm is permanent perhaps in 20 years time I won't regret not taking the compensation I am potentially due now. Who knows for £10,000 I could even become working class!! Laughing
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Hetzer
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PostPosted: 00:40 - 21 Dec 2008    Post subject: Reply with quote

pyx_e wrote:


Hetzer sorry to quote Nietzsche at you but ;

Quote:
He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you.


Just because the system is like that is no reason for a person to be like that too. In fact if a person despises the system a person should not behave like it, you just become the thing you hate, the pit sees into you. IMHO.


There's a balance to be struck between laying supine and allowing the devil to tear out ones guts or putting his eyes out with a red-hot poker. However much he deserves it.

There's certainly nothing to be said against poking him with a very long spoon.
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binge
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PostPosted: 00:44 - 21 Dec 2008    Post subject: Reply with quote

Sounds similar to LukeVFR's Crash.


Impatient BMW Driver does U turn and hits an innocent biker who is filtering.
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Bat
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PostPosted: 08:45 - 21 Dec 2008    Post subject: Reply with quote

Similar happened to me 2 years ago. Fed up taxi driver shot round into a blind u-turn from crawling traffic. I was filtering and took the full force of his front corner in my knee which shoved my leg up and out the back of my hip socket smashing the bone as it went.

Feeling guilty didn't even cross my mind when recovering costs and getting compensation.

This tool turned into your path while you were performing a legal manoeuvre. It was their fault and because of it you and your bike are damaged. Ok, you're not badly injured so you shouldn't be looking for a huge payout, but you should expect to be able to have a bike of equivalent value to yours before the smash and a few quid to make up for the discomfort and waste of your time.
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T0MMY
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PostPosted: 10:58 - 22 Dec 2008    Post subject: Reply with quote

Hetzer wrote:

The state and big-business take you for everything they can at every possible opportunity, and you're going to refrain from returning the favour? On what, some kind of point of honour? Neutral


But you often seem to talk about the erosion of our rights and a large part of that is the excessive health and safety culture which is largely due to compensation claims Thinking

I'm not a fan of the compensation culture but in this case, as it was an X5...
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headlamp
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PostPosted: 13:37 - 11 May 2009    Post subject: Reply with quote

Just a quick update on my post of last year...the other side have accepted full liability - no claims bonus restored, bike repairs (over £1,000) agreed to, as well as uninsured losses (excess, damage to clothing, boots etc.)

One further medical examination to determine whether the injuries to my thumb and forearm are permanent, which might have a significant impact on the injury claim, or so my solicitor says!

Thumbs Up (ouch)
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Hetzer
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PostPosted: 15:45 - 11 May 2009    Post subject: Reply with quote

T0MMY wrote:
Hetzer wrote:

The state and big-business take you for everything they can at every possible opportunity, and you're going to refrain from returning the favour? On what, some kind of point of honour? Neutral


But you often seem to talk about the erosion of our rights and a large part of that is the excessive health and safety culture which is largely due to compensation claims Thinking

I'm not a fan of the compensation culture but in this case, as it was an X5...


The health & safety culture is due to shit-for-brains nazi civil-servants who have run out of legitimate things to do, so they turn to addled bollocks to continue to justify their worthless existence.

The govt, banks, insurance and big-business should be fvcked in the arse as hard as possible at every possible opportunity, because that's exactly what they do to us 24/7.
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EUMP
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PostPosted: 16:58 - 11 May 2009    Post subject: Reply with quote

The other person wont pay for it out his pocket directly, it'll be his insurance it's pretty much getting money for your bruises and they'll get the most for you, could go to get more kit, fuel, parts, anything.
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steppen22
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PostPosted: 17:48 - 11 May 2009    Post subject: Reply with quote

Same boat mate.

Made a claim Thursday evening, had solicitors on the 'phone Friday morning. I was advised to take pictures of my injuries. It was quite a crash, but I've got worse injuries wanking, tbh. As for mental trauma, I'd got over it by the weekend.

Fast forward 3 months: this is a hacked post! I am deeply mentally scarred. Please give me a big cheque.

Thing is, I don't think the driver was 100% at fault, so I'm taking on the chin, and not really going to pursue a "personal loss claim".
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Blackwolf
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PostPosted: 18:34 - 11 May 2009    Post subject: Reply with quote

Goopd to hear its all sorted!

How was H&R as im with them. im just mwondering what it was like? good company? enough contact?
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