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Thread: Non Fault Motorcycle accident

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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.

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