CRASH!!

[gooner84]

Around 7 weeks ago some twat decided to pull out on me resulting in my bike being written off and serious injury to myself. I have a snapped femur, now held together with a nice metal rod and some pins, also bruised ribs and im also extremely skint and in debt due to only getting sick pay for a while. Im happy to admit that i like to have fun on my motorbikes and have done crazy things in the past that ive had to stop and think about afterwards, all experience i guess. But both my legs have been broken now in the past 10 years and on both accounts this has been a slow collision due to some other idiot not looking before they maneuver. Im just wondering if anyone else has had similar experiences because on my first accident the lady changed her story after i was in the ambulance using her work colleague as a witness which resulted in me getting absolutely nothing but debt for the broken bike that was 3 months old. This time i am seriously fucked and im not sure if im going to be able to Box or play Football again? the solicitors are dealing with it but it seems not a lot is happening very quickly, im sure the evidence is in my favour as i was travelling down a road with speed bumps at 30mph and the car pulled out of a side road straight across my right of way, i hit the car then got dragged a few meters down the road by the drivers front wheel, away from the bike as the car was skidding. If the driver took his foot of the brake and let the wheel role i doubt very much i would be typing this right now. Does anyone have any advice on what im supposed to be doing about this? i have filled all the forms that the solicitors wanted but they say the police have up to 6 months to file their report. 6 Months!!!!! how long does it take to explain something and what are they getting paid for? i had to call the police to find out their details as they left me with nothing at the schene or the hospital! i have had to come back to work far to early than i should due to the nature of my injury because i cant afford not to. any advice would be really appreciated.
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88 Yam TZR125, 90 Yam Tzr125 , 2004 Cagiva Mito, 93 Yam TZR'R 125 Import, 2002 Yam DT125R, Honda VFR400 NC30, 99 Yam R6, 06 Yam R6

[jjdugen]

Girlfriend of mine had something similar, slow speed through a village (witnessed), dozy woman waiting to turn accross the bikes path suddenly accelerates just at the point of no return. Open and shut... No-one contested the circumstances, Sue was on life support, broke pelvis and smashed her leg to bits, had to have filter stints inserted in her arteties in case of clots. Took just under FOUR years before the case was finally settled, £150K, but Social took their slice out.
Insurance companies will argue the toss over everything, even had a private detaective following her around videoing her!
She is still in pain and unable to work. Moral is, dont have an accident!
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The CBR900RR has been sold. Aprilia Falco worms its way into my heart.
Try Soi 23 on Amazon for a good read.... Self promotion? Moi?

[_Troy_]

Firstly, lol wut? Structure my friend, it makes the internets a better place!

[gooner84]

[gooner84]

My Femur
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88 Yam TZR125, 90 Yam Tzr125 , 2004 Cagiva Mito, 93 Yam TZR'R 125 Import, 2002 Yam DT125R, Honda VFR400 NC30, 99 Yam R6, 06 Yam R6

[_Troy_]

[Rogerborg]

Sorry to hear this.

You should P.M. TC, but I expect the gist of his reply will be to get a firm of solicitors who aren't a bunch of useless wasters. You do not have to use the ambulance chasers that your insurer passed your details to.

Remember, they work for you. You can instruct solicitors to begin a court action - against the cager, not their insurer. If they say no, feel free to tell them to do one and find a firm who'll actually get things moving.

Ultimately, you don't need to use solicitors at all. You can file and represent yourself, although it sounds like you're way above the Small Claim limit, so it'll be in Big Boy court which makes representation (sadly) a good idea.

Your Achilles tendon is slack.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[fatjames]

Hi, Sorry to hear about your accident, sounds awful. I've not been in a simular situation, nor do I have any legal experience.
However..
I would be tempted to talk to somebody a bit higher up in the police department. Do this in writing too. The fact you've had to chase for their details is completely out of order. If you had done the same, you'd be arrested.
Also, get back on to the insurance company, keep in mind, you pay for that product, and luckily, they're regulated by the FSA these days. Again though, do this in writing. I've found in life with these sort of companies they will take much more notice of a cleverly written letter, written without prejudice etc.

If you need help with a letter, get a template from from the web (martin's money saving, or simular)

I hope this has been of some help
fj


edit - You bone looks fucked, I hope it heals up ok.

[T.C]

The Police will file the papers as soon as the case is closed, but it is the traffic accident records department who take their time as they are usually civillians dealing with many cases that have to be sent out and often only 2 of them in that department.

So it is not the Police who dealt with the crash the issue is with, but the civillian staff and they will be dealing with several hundred crashes a month, so not entirely their fault as they also have to go through each case file and remove information which is either not relevant or subject to data protection.

That is assuming of course that your current solicitors have paid the disbursment of around £60 for the report in the first place. I have come across situations on many occasions where the solicitor never bothers to obtain the report of forgets to send the fee, and this is usually legal expenses funded solicitors that make these cock ups.

It is not unusual to wait for anything up to 9 - 10 months after the case has been closed before the reports get sent out, and in one case I waited over a year despite weekly calls and emails, so in the greater scheme of things 6 months is not long at all

As you are losing out financially and big time by the sounds of it, ask for an interim payment.

If your solicitor is any good (which as it appears to be a legal insurance funded solicitor, I will reserve judgement as you are now a number on their conveyor belt) he can make an application to the third party insurers for an ex gratia payment which is paid out now but is then deducted from your overall award.

So for example if your injuries are valued at £50,000 and you get £5,000 now, then your settlement cheque will be for £45,000 which is the £50,000 less the £5,000 you have already had.

The third party changing their story is not uncommon, but again if your solicitor is on the ball or they have their own in house investigator (only a couple of firms have their own in house investigators and only 1 has a motorcycle specialist in house investigator ) then any changes in the third party account of events can very quickly be shot down in flames, and if needs be an independent investigator will be appointed.

You should not have been required to contact the Police for the third party details, your solicitor should have done that so that they can send off the letter of claim.

If you had to do it yourself, then that would concern me.

If you have had to return to work early because of your financial situation, then again before you do, speak to your solicitor as this may harm your claim financially as well as cause you further long term problems.

By going back to work sooner rather than a proper period of recovery, the other side will argue that your injuries cannot have been that bad as you were able to return to work, and this could send the value of your claim tumbling, even though your award will also have to take into account the long term prognosis and issues that may affect you later in life.

Hence the reason why it is important to speak to your solicitor about an interim payment NOW!!!! or alternatively drop me a PM and if you want help in a professional capacity, I and my colleague Philip Scarles will be delighted to assist you.
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It is better to arrive 30 seconds late in this world, than 30 years early in the next

[.....]

T.C, what firm do you work for? (I assume you are the motorcycle specialist in house investigator?)

If I ever have a crash I want to know who to call.

[P.]

Sounds roughly like my accident.

It took nearly 3 years for them to sort my case, although slightly different as other guy was uninsured.

You are looking at some decent money either way mate, they do drag on forever
Any out of pocket stuff and debts caused by that accident will be covered, or atleast mine were.

I phoned solicitors nearly every day, 3 times a day to make sure they were doing what they said they would. He who shouts loudest is heard.

[Rogerborg]

[hornetmike]

If this is you, you are a clever chap and what you say goes on the matter.

Terence Channer

Clinical Negligence/Personal injury/Actions against Police
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87 Honda CG 125 - 97 ER5 - SR 50 -81 Z250- 96 CBR 600 F- 94 GPX600R 88- GPX 400R- 87 GS 125 - 2006 Honda CB600F- 2003 ER5 - Honda CBF 1000 2009 - Honda CBR 600 RR 2011
Current BMW R1200GS 2010

[spyuggy]

My daughter was coming uphill on a Honda 125 twin, she had just passed her CBT and an old cunt (female) came out of a country lane across her path, my daughter had no time to brake and hit the Puegot in the front wing(writing the wing off), my daughter was in 4rth gear, as she was climbing.
As the lady was an 80 year old business lady, she promptly ran over the bike and sat straight on the main road, my daughter had went over her bonnet.
When the local fuzz came the sweet old cunt said that she was side swiped at 70mph(from a 125 climbing out of an uphill bend?).
The fuzz lady spotted where the damage was and where the bike went into the side of her wing. Damage to bike=front wheel buckled and handlebars twisted, forks went backwards and exhaust buried in to engine.
When it went to court, she had a QC and said that she was up the lane, looking at buying a bungalow, she was found guilty and her QC then told the court, that this poor old lady had only her pension to live off, as she took nothing out of the business(Ivor Williams Trailers).
She was let off with £100 fine and had to have an eye test, before she could drive again.
Nice one, my daughter still has the lump on her leg, after 5 years.
Amazing what money can do.
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Treat each day as if it was your last, because one day you will be right.

[spyuggy]

I have just noticed the interim payment piece, this is a no go area, I promise you.
I had a gold Honda CB 750 stolen and accepted an interim payment, I had to fight for 1 year for the rest and they cut it to shreds, I only got a fraction of what was promised to me.
The interim payment is a bribe, so that the insurers(Norwich Union) could get on with other work, the Bastards lost my pictures of the bike twice, but I had four copies.
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Treat each day as if it was your last, because one day you will be right.

[Okeydokey]

[.....]

[T.C]

[T.C]

[gooner84]

Thanks you for the advice, its a lot to take in for someone who knows nothing, i am going to give my solicitors a call a lot more often and see about the interim payment. I have been called by the solicitors this week, they have told me that the car that pulled out on me was actually a courtesy vehicle so they have to start the claim all over again, i guess the 3rd partys own car was being repaired from another accident!! I had my x-ray yesterday as well and the bone has not healed yet but new bone is growing!
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88 Yam TZR125, 90 Yam Tzr125 , 2004 Cagiva Mito, 93 Yam TZR'R 125 Import, 2002 Yam DT125R, Honda VFR400 NC30, 99 Yam R6, 06 Yam R6

[connornrg]

Mate, your subframe looks twisted
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Bikes (Not Bikes Really Just Shitty Mopeds)
**04 - Piaggio NRG MC3**02 - Yamaha Aerox 50/100**07 - Piaggio NRG Power - Shit.**

[T.C]

[Rogerborg]

I was with you up to here...

[T.C]

[Rogerborg]

Very interesting stuff, as always.

I'm sorry to hear about your foot, but on the bright side you can keep it in a jar, it'll be great at Hallowe'en.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike