Skip to content

Ask an Expert Advice following serious accident Legal

You are in... Forums > Ask an Expert > Legal > Advice following serious accident

Got something to say?

Got something to say?

Go to most recent reply

Andy007

Joined:

Sep 11

Posts: 4

Andy007 says:

Advice following serious accident

Hi

I'm hoping that someone may be able to give me some advice following a serious accident that my 24yr old son had 10 days ago. I'll explain what happened - he was riding his 125cc motorbike at 9.30pm when a car travelling towards him was overtaking another car. My son tried to avoid the car but it hit him side on.  He sustained a fractured pelvis,three breaks to his left leg, broken femur, fib and tib to his right leg, severed artery and many smashed bones. He has so far had three operations and has many more to come.  Likely to be in hospital for 3 months and not walking for 12. The car driver failed a roadside breath test and was arrested, but passed at the station, when they were arrested for dangerous driving. They have been bailed.
I have been trying to advise his fiancee on what to do, but she doesn't appear to be taking notice.  They live 300 miles away which makes things awkward.  She said she is going to the garage that has the bike to release it as they will be charged for storage? It's going to be a right off, so I thought the insurance company dealt with that?  She also seems to think the legal protection will be competent enough for what will be a complex claim, is this correct?  
I just want to make sure things are done right, but obviously its difficult as these agencies wont talk to me.
Any help gratefully received
Andy

Reply to this Topic  
  • Posted 3 years ago (09 September 2011 21:08)

Post a message in Legal

Fields marked with an asterisk * are required

   

Please note. You cannot submit more than 4000 characters as a message.

Upload image(s) from your computer (up to 3 images)

  1.  
  2.  
  3.  

Terms of use

Use of our community areas and forums is subject to important terms of use. By joining our community and using the features you agree to be bound by these terms. See terms of use below. 

Cancel
phowarth18

Joined:

Sep 09

Posts: 42

phowarth18 says:

Way back

when I had a serious accident, I seem to remember that the bike was recovered by the local dealer and remained there until the claim was finalised. The storage charges was the point tey finally got a move on. My parents contacted a solicitor to proceed with a personal injury claim. I was visited in hospital by the solicitor. I'm sure someone will be able to provide better and more accurate advice.

I hope your son makes a full recovery. 

Reply to this Topic
jaffa90

Joined:

Mar 09

Posts: 8590

jaffa90 says:

legal

Your in the right section,lets hope that ACIC our in house solicitor/lawyer can help.

Reply to this Topic
Andy007

Joined:

Sep 11

Posts: 4

Andy007 says:

Thanks

Thanks guys.

It's going to be a long road to recovery for the lad, but he's strong and is keeping his chin up.

Reply to this Topic
NORTHERNHELLBOY

Joined:

Feb 10

Posts: 864

good luck

the storage fees for a bike are currently £10.00 per day once released by the police. If the bike was fully comp, the insurance will pay the recovery and storage. If third party, it is up the the insured to pay, and then claim back the out of pocket expences from the other party. Speak to the recovery firm. As an apporved policed (licenced) recovery firm, they'll deal with this sort of thing on a daily basis. Also speak to the insurance to confirm your sons position and expected loss. You may also hand over the bike to the recovery firm (once approved by the insurance) who will sell it for scrap to cover ther cost.  good luck, and I hope all is well. please keep us all informed.

(cost should be around £150 for recovery, plus £10.00 per day storage)

Reply to this Topic
MarcusMarsh

Joined:

Aug 09

Posts: 2698

MarcusMarsh says:

Accident

Andy, very sorry to hear about your son - I hope he recovers OK.

With respect to the bike I suggest that you leave it where it is for the time being.  In the event that this becomes a complicated case (and you can never assume it will be simple) the bike will become evidence.  So you don't want that compromised.  Storage charges are the least of your considerations at the moment.

I am sure that ACIC will be along with some proper advice soon but I believe that, if you have legal cover, you do not necessarily need to use your insurance company's lawyer and there is an option to pick your own.  Effective legal representation will be important in a case like this. 

One final thought, you son's fiancee is going to be in a distressed state and maybe not in the right frame of mind to make important decisions.  Morale support for her will be important and, if you still don't feel that she is doing the right thing, you may want to step in as your son's 'next of kin' and remove her from making big decisions in your son's behalf.  

[This Reply has been modified by the Author]

Reply to this Topic
Andy007

Joined:

Sep 11

Posts: 4

Andy007 says:

Thanks

Hi

Originally, my sons step dad who lives very near my son (I am 300 miles away) was going to do all the dealings with insurance company and solicitors as he actually bought the bike and between him and my son they sorted the insurance out.  This would have been fine as the step dad is fairly level headed, but my sons fiancee is, to put it mildly, very controlling and is just doing things off her own back.  
I will speak to her about leaving the bike where it is for the time being, as I think the claim is going to be a long winded affair.  
It's like she has been hounding the police for the details of the driver, but she doesn't need to know as the insurance company have requested these details from the police.  I've told her that under the data protection act the police wont tell her anyway.  

My understanding is that the insurance company will request all the information from the police, the hospital  and the other drivers insurers. The police haven't finished their enquiries yet, so I've told her it will take time.  
Obviously my sons future prognosis isn't really known yet, so does anyone know how a claim for compensation works?

Thank you

Reply to this Topic
MarcusMarsh

Joined:

Aug 09

Posts: 2698

MarcusMarsh says:

Claim

Andy,

Send a PM to ACIC to get some professional advice. 

Reply to this Topic
ACIC

Joined:

Apr 06

Posts: 364

ACIC says:

Your son's accident

Dear Andy

I have sent you a private message but the bottom line is in a case of this severity your son will be well advised to steer clear of insurer panel firms who are sold cases by the insurance companies and who are picked for the panel by virtue of how much they are prepared to pay for claims as opposed to for expertise. There is complete freedom of choice for your son to instruct the solicitor of his choice and it will not cost him anything as on these facts a decent solicitor will act on a no-win, no-fee agreement and your son will keep 100% of his damages with his opponent paying the legal costs in full.  Far better to get the right representation day one rather than transferring solicitors later on with the new solicitor having to pick up the pieces and rescue the situation further down the line. I know as I take on cases from these panel firms very regularly. Feel free to call me for a chat. 01446 794199.  

Best wishes

Andrew Campbell, Solicitor & MCN Legal Expert.

www.bikelawyer.co.uk andrew@bikelawyer.co.uk

Reply to this Topic
Andy007

Joined:

Sep 11

Posts: 4

Andy007 says:

Thank you

Thank you for all the replies.


ACIC - I was writing a PM reply, but cant remember if I sent it (got way laid with something else).  I have forwarded your contact details to my sons fiancee, so she should be contacting you very soon.  I'll do another PM so you know who she is.

Reply to this Topic
jenros

Joined:

Jun 10

Posts: 19

jenros says:

your accident

hi andy,hope everythings on the mend,just having a read!- you have had a reply from andrew campbell of bike lawyer. andrew is dealing with me at the moment!!!!!!!!,,,,,,,please take my advise and contact him!, he is one of the best in the industry, . all the best jenros!

Reply to this Topic

Page

Compare Insurance

Save money by comparing quotes. It's quick and easy

Motorcycles for sale

 

It's only £13.99 to advertise your motorcycle on MCN

Sell your Motorcycle