Accident compensation question

[matad0r]

hi guys,

I would appreciate a bit of advice regarding compensation for an accident I had recently.
I don't want to bore you with too many details so I will go straight to the question. I am now in the process of negotiating with the 3rd party through my layer. Before making an offer to the third party (will be 50% split liability) I am not sure whether I should seek compensation for being out of work and loss of enjoyment given that riding a motorbike is not a pleasure anymore (I have already agreed with the layer on a level of compensation for the bike, injuries, gear). So basically I was wandering whether there is something as compensation for being out of work (I was given 3 weeks of from the doctor) or something like compensation for loss of enjoyment (not sure if this is the correct description). If the answer is yes, do you have any idea what a normal compensation would be for the above and whether there are any similar cases to look at?

Sorry if this is not a relevant forum to post this on. If you know any other places more suitable for this kind of question pls let me know.
Thanks again.

[Eddie Hitler]

A million pounds.

Its free to actually man fucking up, taking control of your life and enjoying what you enjoy. Sounds pathectic what youre saying.

[matad0r]

what I am saying can't be more pathetic than your name that's for sure.

[Eddie Hitler]

A character from a comedy series called Bottom?

Fuck off you prick. Take me for court for upsetting you with my reply, Im sure you could get a little money off me, you whinging little prat.

[Billtr96sn]

To help you I need the answer to a few questions.

1) what is a layer (I have chickens, they are good layers)

2) Where did you wander to? Was it to your layer?

3) Going by your spelling and whining, are you Welsh?

[Billtr96sn]

Eddie, are you the same Eddie Hitler who used to inhabit another forum about bike chat?

[matad0r]

keep your money for your brain change mate, you need it.

[Eddie Hitler]

Lets be honest, you're biting at what im saying, and probably getting quite agitated behind your computer screen.

Im just having a laugh with cocks like yourself, because of your nature you will take what i say to heart.

Cry more, add it to your claim list.

[nowhere.elysium]

You have no reason to claim, so don't bother. Unless you're actually crippled, claiming anything other than repair costs for the bike renders you a total failure at life.
Grow a pair.
____________________
'10 SV650SF, '83 GS650GT (it lives!), Questionable DIY dash project, 3D Printer project, Lasercutter project

[matad0r]

isn't being out of work without pay for more than a month a good reason?

[dragstaar]

I'm surprised your lawyer hasn't gone through this. Claiming for loss of earnings is pretty much standard practise

[Paulington]

To be honest if the accident is 50/50 split liability I don't see any point in claiming? You both contributed to the accident.

By that ruling, you are liable for half of the work you missed, are you going to be claiming off of yourself for this time? .

Seems silly to claim when you likely aren't going to get much and you are half at fault as it's going to raise your insurance premiums more than just declaring an accident would.

Loss of enjoyment? You're having a laugh?

Your "lawyer" (I read: No-win no-fee ambulance chaser getting your hopes up who wants to do the other side for as much as possible) if they were anywhere decent would tell you that loss of earnings should be claimed for, even loss of potential earnings.

Since your "lawyer" is offering 50/50 liability, that tells me you are the person who caused the accident and is now trying to weasel out of it as the only time I ever see split liability offered is when someone causes the accident and then uses some type of technicality to crawl out of the liability pit and put grief on the other party.

I expect they won't accept split liability mate, have fun with a long insurance battle.
____________________
"Four wheels move the body, two wheels move the soul."
Current Vehicles: '89 Kawasaki KDX200, '99 Yamaha XV535, '00 Honda ST1100 Pan-European, '08 Suzuki GSX-R1000, '08 Mitsubishi Lancer GS4 2.0 TDCi, '15 BMW 1 Series 116d Sport Turbo.
CBT: 27/08/08. Theory: 04/09/09. Module 1: 16/09/09. Module 2: 01/10/09.

[matad0r]

Thanks for the last two replies, for a moment I thought this place if full of dicks.

My lawyer might be useless but he is no a no win no fee ambulance chaser. He was appointed by my insurance company as I had legal cover.
50-50 split is being offered by the third part and I reluctuntly accepted (due to the useless lawyer) thought I consider my fault to be less than 10%.
I had only a third party hence the 50-50 split means I am getting 50% of the total claim from the other party.
The premium won't be that much higher as I didn't have any no claim bonus anyway; on the other hand, the amount claimed looks considerable.
Injuries alone amount to 7K.

I am unsure why the lawyer didnt mention this; maybe he thought I was still getting paid while at work maybe I couldn't claim?
Looks like I will need to chase this up with him. As for "loss of enjoyment" I didn't think about that either but as I have no previous experience
with claims I thought I might ask you guys about that.
I am so pissed off the third party gets away so easily here having to accept a 50-50 split so to be honest I don't want to gift them anything.

[Fisty]

[matad0r]

I know I should have done this long time ago when I realised that my lawyer was pretty poor.
The issue I have though is that I was knocked off at the accident; the ambulance took me straight to A&E and I
wasn't able to get details of any witnesses. Police doesn't seem to have any witnesses either so going to court might not be that
straight forward while we are already almost two years with this shit and I really want to get it over with.

[mossi123uk]

[Raffles]

[matad0r]

Matthew 7:1 "Do not judge, or you too will be judged.

[Rogerborg]

[Clanger]

[Billtr96sn]

You wont lose any NCB as you didnt have any, but as you have had a accident which you must declare, you will get a loading on your insurance making it considerably more expensive

[T.C]

The only person who can give you a valuation or an idea of what your claim is worth is your solicitor.

You do not state what injuries you sustained, how long you were off work for or incapacitated for, whether there are any ongoing problems health wise, and so that is the first issue.

Then there are the circumstances of your crash. Without knowing the circumstances, no one can say whether split liability is reasonable or not.

The third point is that you are using a legal expenses appointed solicitor which is different to using a normal CFA (no win no fee solicitor) and so as far as they are concerned, you are just a number on their conveyor belt, so they are inclined to go for the easy option and agree split liability just so that they can get you off their hands and get their fees paid, whereas a proper no win no fee solicitor will fight your corner because if they lose they get paid nothing.

Your claim is split into 2 elements.

General damages which covers your injuries as well as pain and suffering.

Special damages which covers your loss of earnings, out of pocket expenses, damage to property, travel costs and, and, and.

These are then put into a schedule of costs, and if split liability is then agreed, then you will obtain 50% of the schedule of costs, but because you are using an insurance appointed solicitor, they won't care because they will still get paid. Cases handled by LEI solicitors often end up being severely undervalued, and it is important to bear in mind that your solicitor cannot agree to anything without your approval.

But, he should still be keeping you in the loop and should be giving you this information, particularly as far as value is concerned.
____________________
It is better to arrive 30 seconds late in this world, than 30 years early in the next

[matad0r]

Thanks for your answer TC.

I deliberately did not give many details because even though I had a few issues in the process in the end I was happy with the 50-50 split and with my solicitor's valuation regarding the injuries suffered.
So I didn't want to bother you with this. As I did not see in his last letter any mention in earnings lost thought and the fact that I am now deprived from a hobby that I used to love I was asking you guys specifically whether there is indeed a case for a compensation amount for: earnings lost and "loss of enjoyment".

Looks like earnings lost should be taken into account as I was out of work but maybe I will have to produce payslips, etc. As for the second, it might be difficult to quantify if at all. Before hassling him with these two I guess it was good to get opinion of more experienced guys here and the last answers helped me a lot. Especially with regards the motivation of my solicitor.


thanks again

[T.C]

[angryjonny]