Bit of a falling off.

Jimeroo

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I would be grateful for some advice reg the following.

Whilst filtering past stationary traffic, a SUV came around a lorry and collided with the centre area of my motorcycle and my left leg. This resulted in both Tib and fib broken and an 8 day hospital stay and now 2 weeks into a 6 weeks in a full cast and up to 10 in a below the knee version.
No metal work just mend on its own type repair.
The reason for posting this is about appointing some legal representation. I have legal aid help with my policy.
Should i go with the insurers Choice or perhaps an independant such as the chap that advertises in the MCN.
Also the police asked me if i wanted them to charge the lady driver with driving without due care etc.
I said i recon that's down to you Mr. Policeman.
So thats my summer gone!
Thanking you.
 
Being charged by the police would help your claim so that she pays 100%.
I would reckon that using your own legal people is worthwhile, rather than use the people being appointed by the insurance company, but check what they charge you or if they will get paid by the other side.
 
chasbmw said:
Being charged by the police would help your claim so that she pays 100%.
I would reckon that using your own legal people is worthwhile, rather than use the people being appointed by the insurance company, but check what they charge you or if they will get paid by the other side.
Click to expand...
Any independent solicitor, owes there duty of care to you, their client.

They will fight harder for you as more that is recovered, more they earn. They often private fund physio and the like, which often insurer panel solicitors don't do.

They have no real incentive to work hard or fight your corner, costs are cut to the bone and if it looks time consuming or problematic they suddenly lose interest.

Also, if they screw the case up, then whom carries the can ???

Having used an independent solicitor for my accidents, Brenda Mitchell at Motorcycle Law Scotland (plug) they kept me informed weekly of progress in the case, whether I had any changes etc. This is ultimately what you are paying for, a quality service and a good recompense.

I would push for them to be charged, it will aid your case, and any additional pressure makes it more likely their insurers cave in. Also, should they have done similar before, hopefully they get hammered by the court.

Phone around see who you find pleasant, understanding and helpful, if they dont understand about bikes, do you want to use or trust them ?

Be up front about asking what they provide and charge.

Finally, good luck hope you recover quickly and enjoy the Indian summer we are going to have.

Sent from my SM-N910F using Tapatalk
 
Try giving White Dalton and call for an initial discussion - have used them in the past and would certainly recommend them. If it's a slam dunk then it may be worth sticking with the insurer appointed legal bods, but as has been mentioned earlier they have little incentive to fight hard if the case becomes difficult or involved and ultimately you will lose out.

Good luck getting it all sorted and hope your back on the bike soon.
 
yes get the police and get them to prosecute,then phone white dalton,do not use your insurance company fucktard paralegles
 
If it's not too late ask the Police to prosecute, it makes the inevitable bartering about percentage of responsibility (i.e. You were 20% liable so will only get 80% of the damages) a lot easier for you. I agree that indepentants are a better prospect than the insurers legal execs and are more likely to fight your corner robustly.
Finally, I would suggest that you never accept the first or even second offer of compensation. I had a no fault bike accident years ago and the first offer of compo was under £10k, the second offer was marginally better but my Solicitor stuck with it and eventually just prior to the Court hearing date I was offered a six figure sum.
 
Pops said:
If it's not too late ask the Police to prosecute, it makes the inevitable bartering about percentage of responsibility (i.e. You were 20% liable so will only get 80% of the damages) a lot easier for you. I agree that indepentants are a better prospect than the insurers legal execs and are more likely to fight your corner robustly.
Finally, I would suggest that you never accept the first or even second offer of compensation. I had a no fault bike accident years ago and the first offer of compo was under £10k, the second offer was marginally better but my Solicitor stuck with it and eventually just prior to the Court hearing date I was offered a six figure sum.
Click to expand...

Very good advice, although don’t get your hopes too high for a six figure payout


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Thanks everybody for their advice im grateful to you.
To be honest all i want is to be able to walk properly and hopefully ride a motorcycle again.
As for any moneys well im sure someone will find a home for that.
When your in A&E and the nurse tells you there discussing the removal of your lower leg it tends to bring things into perspective.
They check every 5 minutes to see if your toes are still the right colour.
That really would have been a game changer!
 
Jimeroo, I was told I might lose my left arm below the elbow and after 2 years of surgery and physio etc, and having my wrist bones removed so unable to rotate my hand, I kept the arm and was riding bikes again. In other words don't give up hope. It may be a long journey but things may turn out better than they look now.
Good luck with your recovery :thumby::thumby:
 
Irrespective of whether plod prosecutes her or not you should be able to get a copy of the police report, which will identify the rtc as being her fault which I would have thought would be good enough for your purposes?
 
Hi James.
Sorry to hear your news mate. I wish you a speedy recovery and hope that you are back in the saddle before the summers over.
Good luck with the legal aid.
Keep positive.
 
Definitely tell plod to prosecute - in fact demand it. Tell them you will be talking to CPS if they don't prosecute.

Having a conviction in criminal law against the other driver makes the civil settlement a slam-dunk. Their insurers will recognise that and they will automatically look at settling - it's then just a matter of numbers.

Leg fracture sounds bad, but I had a tib & fib pylon fracture back in 2002 and it is as right as rain now - but be warned, in my case they decided to put a nail into the tibia after six weeks in plaster, because the bones weren't knitting sufficiently quickly...

Best of luck :thumb2
 
Thanks Mike,
My other concern is, My fib is now in three pieces with like a 2" section detached and to the rear of the two other sections. The consultant says dont worry about that we harvest and use that bone for graphs in other parts of the body!
Does that sound right, with no attempt at joining it up as it were??
 
Jimeroo said:
Thanks Mike,
My other concern is, My fib is now in three pieces with like a 2" section detached and to the rear of the two other sections. The consultant says dont worry about that we harvest and use that bone for graphs in other parts of the body!
Does that sound right, with no attempt at joining it up as it were??
Click to expand...

They bolted a hockey-stick shaped bit of metalwork to the bottom of the fibula on the morning after the prang - just bracing to hold all the bits together really. The tibia - they hoped - would knit, but showed no signs of doing so after six weeks, so I got an intramedullary nail fitted. Yopu can walk on it immediately after the op.

I had no detached bits of bone - someone else on here might be able to comment? But what are they doing about the gap where the bone was? :confused:The fibula does little load bearing - that's the tibia's main job, but it has important support work to be getting on with...
 
Yes the Fibula is there for a reason as i see it, but the consultant seems to consider it surplus to requirements! Im not to impressed with the way this is going to be honest. The Tibia alignment was out by 9% (Me flat on my back camera above looking down) so a slot was cut in the plaster and wedged to right this. Fast forward 2 weeks after more x rays they decide its 8% out of line! and we will have another look in 2 weeks time. And that will be 4 weeks from the incident.
They don't appear to be doing anything about the gap.
I sort of feel its difficult to question these people but as i say......
 
Jimeroo said:
Yes the Fibula is there for a reason as i see it, but the consultant seems to consider it surplus to requirements! Im not to impressed with the way this is going to be honest. The Tibia alignment was out by 9% (Me flat on my back camera above looking down) so a slot was cut in the plaster and wedged to right this. Fast forward 2 weeks after more x rays they decide its 8% out of line! and we will have another look in 2 weeks time. And that will be 4 weeks from the incident.
They don't appear to be doing anything about the gap.
I sort of feel its difficult to question these people but as i say......
Click to expand...
If you are unhappy, you need to say so, and ask for a second opinion.

Sadly, orthopaedics is full of arrogant ignorant *****, who truly believe they are gods.

Good luck

Sent from my SM-N910F using Tapatalk
 
The ortho surgeon is correct, the fibula is not hugely important.
None operative correct should be best way forward, even if it is more lengthy. Far better than dying of a reaction to anaesthesia, or getting a deep seating infection etc etc.

As for the police, they don't need a victim for dangerous driving, driving without due care etc. It is not America, you don't need to 'press charges'. You care correct it is their decision and/or CPS.
 
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