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| Dischord |
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Dischord
World Chat Champion
Joined: 08 May 2005
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 Posted: 10:59 - 27 Jun 2007  Post subject: It's been 2 years... |
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...but I FINALLY recieved something interesting from my insurance company - A cheque for £1000 
I crashed my DT125 in October 2005 and thought I'd never see the rewards of crashing into a white transit side-on! I think I'm going to do some shopping 
Out of curiousity, how long has everyone else waited for cheques etc? I know alot of it depends on the circumstances but from what I've heard most take years, I'm sure there's a reason behind it! 
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2012 KTM EXC 250
Check out my vids - https://www.youtube.com/user/KTMSparky/videos |
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| Dazbo666 |
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Dazbo666
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Posted: 11:09 - 27 Jun 2007  Post subject: |
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Had a car accident in Sept 1999, and got my insurance cheque in the March 2000...
then eventually got my no-win-no-fee compensation in mid 2003.
On two wheels, thankfully I've never had a .... erm, no I'm not going to tempt fate 
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1st bike (Sept'06 - May'10) : 1991 GPZ500S / Current bike (since Nov 2009) : 2003 Suzuki Bandit 600N
Word of the day : DILLIGAF |
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| binge |
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binge
Emo Kiddy
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Dischord
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| Posted: 11:39 - 27 Jun 2007 Post subject: |
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The claim would be from my insurance comapany, I think it's pretty clearcut he was in the wrong and everyone is agreed on that. My solicitors have insisted I go for physio and psychotherapy and all sorts of other assesments so I guess thats why things are getting held up. I may even be returning to hospital (private, might I add ) and getting the metal rod removed from my leg! They do seem to be looking after me just taking so damn long.
I will still be getting -
£££ for - clothes, digi cam, helmet
£££ for - loss of earnings, although theyre debating whether or not I was employed at the time (see another thread I made somewhere)
£££ for - injuries to wrist and leg
The £1000 is just for fixing the bike, it was only a snapped clutch lever and then it was rideable again
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2012 KTM EXC 250
Check out my vids - https://www.youtube.com/user/KTMSparky/videos |
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| Ste |
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Ste
Not Work Safe
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| Posted: 11:47 - 27 Jun 2007 Post subject: |
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Took 19 months for my claim to be settle which is very good considering it was expected to be 2 years plus.  |
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| Rookie |
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Rookie
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| Posted: 12:25 - 27 Jun 2007 Post subject: |
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Currently 3 days into a claim, seen nothing yet.  |
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| st3v3 |
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st3v3
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Dischord
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Jull
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| gmanxiii |
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gmanxiii
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| T.C |
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T.C
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Posted: 21:27 - 27 Jun 2007  Post subject: |
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| Quote: | My solicitors have insisted I go for physio and psychotherapy and all sorts of other assesments so I guess thats why things are getting held up. |
Law firms have a statutory duty as part of their remit to encourage injured parties to take some sort of rehabilitation as it shows goodwill towards the third party that the overall compensation award will be realistic, but more importantly it helps the injured party get back to leading a normal life as quickly as possible.
That is why if your solicitor is a member of APIL, CPIL or the Law Society Panel of Personal Injury lawyers, they will have contacts with the likes of Headway for serious brain injury clients, in the case of my old firm, the NABD for catastrophic motorcycle injured riders as well as self help groups which can help the families through traumatic incidents. It is not just about winning as much compensation as possible.
This is just one of the reasons why personal injury cases can take so long, and in most instances if even a straightforward injury is paid out in less than 12 months, the chances are the third party insurers will be rubbing their hands with glee as they will have undoubtably have got away cheaply.
The whole valuation of a case is based on the long term prognosis and problems that may arise long after the case has been settled and disposed of, I will give you an example.
Back in 1997 I was asked to investigate a case where a guy on a ZXR750 had been hit buy a car as he (the bike) approached the roundabout.
To cut a long story short, the riders helmet came off and the bike landed on his head causing severe injuries, but! He survived albeit with some brain damage.
The riders famuily were prepared to settle for £50,000 compensation, bearing in mind that all injuries have a value, the lowest being £600 for a broken tooth the highest being around £300,000 for severe brain injury or quadraplegia.
The third party insurers admitted causation, but denied liability on the basis that they claimed the injuries were sustained as a result of the riders helmet coming off his head which in their opinion meant it must have been a bad fit or unsecure.
I was called in because of my expertise in motorcycle protective clothing and because I am a specialist motorcycle accident investigator and I work in private law.
By the time the case came to me the helmet had been disposed of by the riders wife, without boring you, by going to see the policeman who origionally dealt with the crash, by visiting his friends who were with him when he purchased his helmet a few days prior to the crash, speaking to the guy in the shop who sold him the helmet, by going to the factory in Italy (who i knew as I did consultancy work for them anyway) and getting expert evidence from the chief medical officer of the FIM who also happened to be a top neurosurgeon at the JR2 in Oxford, I was able to establish that the helmet was fastened correctly, it was a proper fit, there were no known defects in the design or construction and it complied with all the current regulations at the time.
End result, liability was admitted 100% by the third party, settlement was £1.5 million to the rider and a £500,000 legal bill 6 years after the crash happened.
Had they admitted liability it would have been £50,000 settlement and probably a £10,000 legal bill.
The letter of commendation I got from both the Judge and the solicitor advising me that it was my evidence and research that had won the day was one of my proudest since I retired from the Police and I still have it mounted onthe wall to this day.
But the whole point of this little story is to try and explain some of the wrkings and as to why it can take so long.
So 12 months is nothing, 18 - 24 months in a straightforward case is average, 3 years plus for a serious or catastrophic injury.
Just as a matter of interest, my old boss has just settled a brain injury at birth case 18 years after the case was started, that is how long some cases can be.
As a by the by, unlike the USA where they enjoy multi million awards, that will not happen here, but when you hear of high value awards, there are a number of areas that have to be considered.
Firstly if someone receives the most catastrophic injury entitling them to the maximum payout, it means that they will be incapable of looking after themselves.
So on top of the award, it is assumed that the person will live to age 65, and the cost of looking after that person, any special needs, if the person has dependants, is all taken into account and the award reflects those special requirements.
It was worked out a few years ago, that if someone was awarded £4 million at age 18, by the age of 65 that money would have gone unless it is carefully invested, which is why personal injury law firms also have to employ someone who specialises in trusts and the like.
Sorry it has dragged on, but I hope that this answers some of the problems that can be encountered.
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It is better to arrive 30 seconds late in this world, than 30 years early in the next |
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owdamer
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| Mister James |
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Mister James
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Old Thread Alert!
There is a gap of 1 year, 152 days between these two posts... |
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| Dischord |
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Dischord
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| Posted: 22:28 - 26 Nov 2008 Post subject: |
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Kicking up an old thread!
3 years since the crash and I've been made a preliminary offer of 22.5k!! pretty chuffed with that as the first offer as I know I can decline and hopefully get alot more.
My insurance company gave me a guide of between 15k and 50k is it entirely up to the judge what I receive? unless of course I accept an out of court settlement.
Will keep this updated as it's handy for me to look back on what happened when etc!!
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2012 KTM EXC 250
Check out my vids - https://www.youtube.com/user/KTMSparky/videos |
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| Visitor Q |
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Visitor Q
$25 whore
Joined: 30 Apr 2004
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| Posted: 22:32 - 26 Nov 2008 Post subject: |
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Edit: Doughnut rushing in and not seeing it was a thread resurrection.
22k at the moment would be very nice  Quite jealous. I want to be rammed off my bike  (by someone who stops, and is actually insured, with only a broken leg or two).
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China traffic/travel bike vid - When I make a sweeping statement, please add the word 'statistically' in to the sentence before you bitch...
From September 2014 to January/February 2015 I will not be using any English, nor reading any. As such, I won't be on here. PM at will, but I won't be checking/posting unless in emergencies. Certainly not for the first couple of months. Please berate me savagely if I break that rule...
Last edited by Visitor Q on 23:21 - 26 Nov 2008; edited 1 time in total |
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Dischord
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| Posted: 22:37 - 26 Nov 2008 Post subject: |
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I got the dosh for the bike test now, just never get around to it lol!! But seeing as the new laws have been put back 'til next march it'd be silly not too
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2012 KTM EXC 250
Check out my vids - https://www.youtube.com/user/KTMSparky/videos |
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JonB
Afraid of Mileage
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| Clanger |
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Clanger
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Old Thread Alert!
The last post was made 17 years, 293 days ago. Instead of replying here, would creating a new thread be more useful? |
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