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GarethOlley

Joined:

Aug 05

Posts: 14

GarethOlley says:

Legal Question.

On 1st October '08 I was enroute to work during the morning school time rush. As I approached a roundabout I began filtering between 2 lanes of stationary traffic. (Both heading in the same direction.)

As I reached around 3 car lengths from the roundabout, a 13 year old girl in the front nearside passenger seat of the car waiting in lane 2 of the queue, (on my right hand side), decided to alight from the vehicle. She opened the door without her or her mother (the driver) checking the nearside mirror and I collided with the edge of the door stopping my bike dead and resulting in me landing in the road infront of the vehicles.

The police attended and I was taken by Ambulance to hospital where I received medication for 'soft tissue' injuries and advice on head injuries, as it was thought I had been knocked unconcious when my head hit the corner of the door. There has been no prosecution against the child or driver but since then, having accepted full liability for the collision,my bike has been repaired and I have received 10 sessions of Physiotherapy.

However, at the conclusion of these sessions, I was advised that I required further treatment as the damage to my neck and lower back was quite significant with 'joint' damage as well as soft tissue injury. This request has been refused by the other side and I am now left with pain and discomfort that is in fact getting worse as the weeks go by.

I have arranged for myself to attend 1-2 weeks convalesence treatment through work but I am awaiting a date. I have now received advice from my solicitor that I would be looking in the region of £2,000 personal injuries compensation, which I have said I am not happy with. As a result of this, my solicitor has provided the other side with all the medical reports etc and they have now offered me £3,200.

Again, I have declined this offer as I do not believe the injuries I have been diagnosed with are being treated as seriously as they ought to be. (I was told I have 'whiplash' that should clear up within 6 months!) I have found that every day I am in constant pain and discomfort,which is limiting my day to day activities.

I returned to work within 1 month of the collision and after 2 months I was back to full duties. (I ride motorcycles in work too.) However, I find that within an hour or so of being on the bike I suffer from increased pain across the full width of my back and the wearing of the crash helmet for long periods of time does not help things. (I understand that I could go off work 'sick' but this would have to be a last resort for me.)

I am now beginning to think that I will be stuck with these problems for the remainder of my time and so feel that I am entitled to a little bit more than £3,200? (Especially given that I am only 29 yrs old and so hope that I have a long time left!)

Where do I stand???  :upset:

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  • Posted 6 years ago (14 March 2009 15:05)

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eatcs01

Joined:

Aug 02

Posts: 3265

eatcs01 says:

filtering accident

You really need to wait for ACIC to answer this, but from what I remember, ANY passenger opening a car door, has a legal obligation to make sure it is safe to do so.

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GarethOlley

Joined:

Aug 05

Posts: 14

GarethOlley says:

Legal Question

Thanks for your reply mate. I'm not worried about the technicalities of the actual accident, (I know I probably went into too much detail!), as I'm happy with the liability and the legal issues within the road traffic act.

The cause for concern is more where do I stand with my injuries and where can I go from here?

I'm assuming from your comments that these forums get answered by some sort of expert - this is the first time I've used it?? (Technophobe!!)

Thanks again. :winkie:

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ACIC

Joined:

Apr 06

Posts: 367

ACIC says:

Bike Accident

Dear Gareth

It would appear that the prognosis provided in the original medical report is not proving to be correct. I am assuming a GP prepared the report. I would insist that your solicitor obtains the report of a Consultant Orthopaedic Surgeon who is provided with all of your hospital and GP records and x-rays. I doubt the first instructed medic was provided with these. Your problems appear, as you say, to be more serious than predicted and this must be fully investgated before a settlement can be safely reached as the ususal rule (unless specifically dealt with otherwise by way of provisional damages) is that a settlement is full and final - that is you cannot reopen your case at a later date. Another point to mention is that you are entitled to the costs of private medical treatment even if the treatment is available on the NHS. Therefore you need the surgeon's report to refer to the reasonableness of the proposed treatment. Your case needs proper consideration and only once full medical evidence is obtained and a reasonably certain prognosis obtained should you consider settlement. It may be that your employment is at risk leading to a future loss of earnings claim. I suggest you inform your solicitor of your instructions or switch solicitors which would not cost you anything. Your former firm's costs are simply added the bill put to the other side at the end of the claim. Regards, Andrew Campbell, Head of Motorcycle Claims, New Law Solicitors, Finalist Personal Injury Lawyer of the Year 2008. www.bikelawyer.co.uk andrew.campbell@new-law.co.uk  

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simber9

Joined:

Feb 08

Posts: 41

simber9 says:

Therapist

If I was you I would have tests done as advised by ACIC then go and see a manipulative therapist. I came off a pushbike going down a hill when I was 10 and after a week in hopsital seemed to be ok. 14 years later I found out I was not. To cut a long story short, no doctors took any notice in spite of the pain I was in and that included my GPs. The social signed  me off saying there was nothing wrong with me. I appealed, the chairman of the appeals committee spoke to me like I was the sh*t he could not flick of his boot. I paid to see a specialist who found severe whiplash, severe osteoathritis, bulging discs in my spine, damaged liver (through taking so many painkillers over the years) and a load of other things. So much damage had been done over about 30 years that he could do nothing about . I went to Steve Evans, a maniplative therapist in Neath, who found my body was out of alignment and also found the bulging discs as well as compressed discs. He was a godsend, I have gone from spending almost all my time having to lie down hardly able to move any part of my body due to pain to believing I will be able to work again. If you live close enough go to him if not to another manipulative therapist because your symptoms seem similar to mine and believe me you don't want to go through what I have.

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