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gj6n68

Joined:

Aug 12

Posts: 16

gj6n68 says:

Accident - Hit from Back by Car

Hi All,


This is my first post on the forum and it is sad that it is about the accident.

I was on my VFR last week and wanted to take a right turn on a round about. As I approached the round about, with my right indicator, in right hand side lane, to stop; a car hit me from the back and there I was on the ground.

I have muscular injuries and was taken to A&E but they discharged me on pain killers saying nothing serious. After almost 4 days, I still am not able to lift my arm/shoulder, leg is limping, arm/elbow/wrist hurting, thigh/knee/sheen/calf all in pain.

The guy who hit me informed his insurance company and they called up next day to assure that the car driver accepted his fault and that they (insurance company) would provide compensation for repairing/replacing the motorcycle. I insisted that I want the motorbike repaired as it has sentimental value, to which they said they would repair it if possible, and if not they would let me have the bike along with money as compensation. They have arranged for an engineer to assess the damage coming week. They would also get in touch to compensate for injuries.

Police were on the accident spot and so were ambulance etc.

I am just wondering what would happen next and what should I do ...

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  • Posted 2 years ago (11 August 2012 14:15)

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Blader2005

Joined:

Dec 08

Posts: 1535

Blader2005 says:

gj.......

a riding buddy of mine had a exact same accident bout 8 years ago same sort of injuries, tho his lower back and right hip were hurt.. hospital said just bruising etc.. like yourself..

may i suggest that now the swelling has come out, and the adrenaline has fully drained... you get yourself FULLY re examined... my mate ended up having major surgery, some 2 years after, on his hip (12" scar as a momento) as a result of the accident.. still has pain and requires daily medication... it limits his ability to work... yes, he subsequently got a large personal injury payout, aswell as the bike paid for.. (bike was written off ZX10 B13 model) however, at the time, it was just said to be soft tissue damage and bruising..

in your favour, they have admitted liability, so it will now just be about settling on payment for the bike if not repairable.. and also an amount for your injuries... couple of things my mate was advised to do..

1. get a decent lawyer onto the injuries... get independent medical examinations, the responsible insurer should cover the costs..

2. dont accept their first offer!! ;)

 

hope you get it all sorted... and unlike my mate, i wish you that your injuries arent permanent..

 

Blader.

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ninjachica

Joined:

Jul 08

Posts: 4338

ninjachica says:

Suggestion

Keep a diary, relating to the events.  (New ones are out now, for the academic year!)

Log every call, every visit to the doctor, every packet of paracetamol you buy.  Record each time you write to someone (obviously keep a copy) and when they reply.

Write down how you feel (pain, weakness in legs / arms / fearful etc)

This record will help build your case, for both finaciance and suffering.

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philehidiot

Joined:

Feb 09

Posts: 4689

philehidiot says:

Also

if your injuries are still hurting that much go to the GP. Not only does it net you better pain relief and anti-inflammatory drugs which are crucial to a proper repair to injuries it also has independent documentation of injury available. Also, ACIC is on here who may be able to help.

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MakemRider

Joined:

Jul 11

Posts: 244

MakemRider says:

You can claim loss of earnings

as well as conpensation for your injuries. This will include any overtime you may have worked had you not been off based on average hours over the last 13 weeks.

Important you do get that independant medical examination Blader mentions.

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babyblade41

Joined:

Aug 05

Posts: 7563

babyblade41 says:

get in touch

with the bike lawyer on here, apparently he is very good even for advice, have a look on the legal forum.

Hope it all turns out ok

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smidget

Joined:

Nov 07

Posts: 2411

smidget says:

Hi

ACIC www.bikelawyer.co.uk

Great service and very friendly, they will guide you through the whole process.

Follow Ninjachica's advice in the mean time and don't forget to get proof of posting for any correspondence you post.

Good Luck.

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AdieR

Joined:

Apr 08

Posts: 3042

AdieR says:

The fact they

hit you from the back means it's not really possible for him to argue fault (forget the technical term used by insurers) - he was too close and thus it's his fault (although beware, because some people will try to argue otherwise and change their story).

Don't accept an offer too early - they'll sometimes accept liability in the hope you'll accept a stupidly low offer early on (thus keeping their payout down) - you'll have to fight for a sensible offer usually.

As with the others - log everything (phone calls, letters, emails etc), and bear in mind some medical problems may only occur later on.

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skycat

Joined:

Jul 05

Posts: 7189

skycat says:

Hi

Unfortunately I got hit from behind a few years back see link by my mate and what you have described is pretty much the procedure or at least the same I experience with my mates insurance company.  

After the incident I was contact by the insurance company which sent out a assessor and I was offered the bike back and compensation.

As for my injuries I did go to A&E to check out my right knee and the aches and pains within 24hrs of the accident. I also received an assessment for my injuries ( I was contacted by a local medical assessor) for which I was compensated and I then I attended a physio.

I never employed anyone to represent me as I was quite happy with the outcome, payout was pretty prompt on bike, bike gear and finally injuries ..... however I will admit my right knee does give me issues but mostly only when cycling.

Regarding your aches and pains I hope they will get better, but unfortunately muscle and ligament damage is painful and takes more time to repair unlike broken bones. I used to ride horses and I fell a few times but once I was seriously injured and it took months before I was fully recovered.

[This Reply has been modified by the Author]

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James600zx

Joined:

Sep 07

Posts: 2759

James600zx says:

Hit by a car.

I've never been in this situation but I would have expected the other guy's insurance company to speak directly to your own insurer rather than to you. Presumably you've informed your insurer that you've had this accident?

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gj6n68

Joined:

Aug 12

Posts: 16

gj6n68 says:

Thanks.

Hi All,


Thanks a lot for replying and providing the guidance, much appreciate it.

I spoke to the claims department and now they've said they would refer me to an independent medical assessment, but it is deliberately kept after 6 weeks from accident to know if the injuries are long term or not and see how the recovery has been.

I am not sure if this is just to let me heal and than avoid the payout.

Anyway, I hope I get well and that the motorcycle get repaired soon.

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