Looks like I am going to court

[timwilky]

Well it is almost 3 years since a brainless old fart didn't understand that a red light meant he had to stop and drove into the back of a biker who had already stopped at 60 MPH.

Said biker ended up with injuries to his shoulder that still cause him pain nearly 3 years later.


So the paperwork arrived this morning, just got to sign it and get it back into the post.

Page 1 how much am I claiming, Not more than £15,0000.


Worse part is the wife has already started to plan the spending. My intention would be new bike, pay off credit card. Hers new conservatory. Damm Why didn't they knock her down and I could plan the spending of her compensation.

[Baph]

Unlucky about having to go to court over it mate.

Point out to the wifey that the form says "Not more than..." and that doesn't mean you'll even get enough for the bike & card payments etc, let alone a conservatory!

Hope all goes well with the case, but from the sounds, it's just a formality :thumbsup:

[Jdubya]

Page 1 how much am I claiming, Not more than £150,000.




I reckon with that you could easily do the conservatory and the bike :wink:

[Ceri JC]

Best of luck Tim. From the sounds of it, it should be a mere formality.

[Spiderman]

Good luck with it Tim, i'm sure the court will see sense here and probably turn on him for making it go to court when he's clearly in the wrong.
Or is this hearing simply about the amount due to you?

Either way keep us posted and good luck.

[timwilky]

yes, it is simply about the cost of damages. The guy who hit me had no option but to admit liability, I stopped for a red light in the middle lane of a 3 lane national speed limit road( 70 limit), stopped waiting to turn right was Mr Plod followed by about 6 cars, on my left were queued about 15 cars. Not only did I have about 15 witnesses including the copper, but he wrote his Mazda 626 off as well as my bike, I woke up about 15 yards infront of the white line thinking what did I do. It was estimated he hit me at at least 60mph.

The guys insurers offered my £2500 4 months after the accident based on a medical report that says I would be fully recovered within 6 months of the accident. I have had 4 courses of Physio, even tried accupuncture. I cannot lift my left arm out beyond level with the the shoulder, I am in pain every day, I can no longer swim, exercise or do jobs round the house that require any strength in my left arm.

We are going to court simply because of the 3 years deadline, I would like to hold out longer and establish if I will ever get back full use of my arm. The latest medical reports seem to indicate that will never happen. TBH, I don't want the money, I want my arm/shoulder fixing and would gladly spend the damages doing so.

[northwind]

Hope all goes well with the case.

[Skip]

TBH, I don't want the money, I want my arm/shoulder fixing and would gladly spend the damages doing so.
Can totally agree there Tim - my dad had a head on at 60mph with another car doing 60mph (she veered onto his side of the road) 6 years ago, he got a six figure payout but it has changed him (for the worse) forever - massive head injuries saw to that, you can stick the money if it means your health, what is more important...?!

Hope is goes well for you.... :)

[Peter Henry]

Tim in this instance I suggest you do the right thing. Have your good lady swathe you from head to foot in bandages and wheel you in to court with one leg out stretched and supported underneath by a piece of wood.

When not actually answering a direct question you should sit there whimpering due to the constant shooting pains your injuries have caused you. :wink:

[Stu]

. I cannot lift my left arm out beyond level with the the shoulder, I am in pain every day, I can no longer swim, exercise or do jobs round the house that require any strength in my left arm.
.

Then can you clear up your earlier post is £15,0000 = £15K or £150K sounds like it should be the latter.

[El Saxo]

Sorry to hear it's gone this far Tim, I remember speaking to you about this at Rivvy Barn a while back, I'd hoped it was all sorted by now :(

At least the new conservatory will be somewhere dry & secure to keep a new bike! :twisted: (Sorry Mrs Wilky if you're reading this... 8-[ :lol: )

[timwilky]

Stu

The problem is that there is a scale of compensation, how much for what injury etc.


My shoulder is intact, was never broken or dislocated etc. so what they describe as soft tissue. However the effects of the injury are as I have described. My posture is also affected in that the shoulder is lower and forward than it should be.

Like I said the amount my solicitors are going for is £15,000, in the belief that this is fair compensation. I have had two mates who have lost their arms in accidents with no one to claim against. One (Will) was forced off the road when he undertook a car indicating to turn right that changed her mind. The second (Andy) met an oncoming car as he took a long left hander slightly too wide and she cut her right hander. Unfortunately Andy should not have had that last pint.

Compared to both these guys I have nothing to complain about. I can type with both hands, use a knife and fork. I just can't paper a ceiling (Yes I could before the accident), do a pressup/pullup or dig the garden etc. In truth I got away with very minor injuries. The difference being I at least have not been held responsible.

[K]

TBH, I don't want the money, I want my arm/shoulder fixing and would gladly spend the damages doing so.

I can only wish you the best of British with this Tim. If the driver who hit me for my biggun' 18 years ago had been caught at the time, perhaps compensation monies would have got my knee sorted years ago and I wouldn't be in the situation I am now.
So good luck and let us know how it goes.

Oh yeah, and tell the dear wife "No pain, No gain!" :wink:

[Filipe M.]

Oh yeah, and tell the dear wife "No pain, No gain!" :wink:

Whose pain, really? :wink:

[Stu]

Oh yeah, and tell the dear wife "No pain, No gain!" :wink:

Whose pain, really? :wink:
Has Tim mentioned it before then? :wink:

[tinpants]

Can someone enlighten me as to why this thread has been moved to "bikes- Talk and issues"?


I would have thought that it was in the right place in IB. :?

Just asking. No need for the flamethrowers!



That is all. Carry on.

[Peter Henry]

Tim...I hope your claim involves a fair amount for emotional stress also on account of your now dodgy shoulder?

I am convinced a fit and healthy Mr.Wilky would have fought with tooth and nail to avoid wearing that Telly Tubby suit when brought out of the cupboard by "she who must be obeyed" :wink: :D

[Warthog]

Thats a terrible accident Tim, I feel very sorry for you. I hope it all gets sorted out painlessly and quickly. My friend got hit almost exactly like that; he had stopped (in his car) at a roundabout on a dual carriageway NSL, and some dozy bloke plowed straight into him withought even braking. My mate flipped 2.5 times and landed facing backwards on the far side of the roundabout. I have seen pictures of his car and it is about 1/2 as small as its supposed to be, amazing that he is alive. He crawled out of the back window when he came to. I am so glad your injuries are not more severe, you sound like you have got away lightly luckily seeing as you were on a bike. My friend is still awaiting compensation, and has a sore neck from it all about 1 year on.

Good luck.