View Full Version : october 06 accident pay out.
kwak zzr
26-06-07, 08:37 PM
finally had a phone call off my solicitor today with some figures that the third party's insurance had come up with, i keep the salvage value £500, offer for the rest of the sv £2800, personal injury claim £1500, helmet £100. thats £4400 on a 50/50 claim so i get £2200. plus i kept the salvage so £2700?
i valued the bike pre accident at £2800 so its not that bad.
kwak zzr
26-06-07, 08:39 PM
if i took this case to court and lost he said i would have nothing plus i would have to pay charges? if i won i would get 100% of the claim but seen as there was no witnesses he recommended i take the 50/50.
MR UKI (1)
26-06-07, 09:50 PM
finally had a phone call off my solicitor today with some figures that the third party's insurance had come up with, i keep the salvage value £500, offer for the rest of the sv £2800, personal injury claim £1500, helmet £100. thats £4400 on a 50/50 claim so i get £2200. plus i kept the salvage so £2700?
i valued the bike pre accident at £2800 so its not that bad.
What sort of injuries did you have Kwak if you don't mind me asking? I'm in the middle of the injury claim from my spill in December. Had the money for the bike and clothing in March, just waiting for the injury figure at the moment.
What sort of injuries did you have Kwak if you don't mind me asking? I'm in the middle of the injury claim from my spill in December. Had the money for the bike and clothing in March, just waiting for the injury figure at the moment.
i was going to ask the same question
kwak zzr
26-06-07, 09:54 PM
just bruising really (knee, groin) and a sore shoulder, i was expecting a few hundred or even nothing so half of £1500 is not bad.
friend of mine got shunted in his car recently and only got £1500 for whip lash.
just bruising really (knee, groin) and a sore shoulder, i was expecting a few hundred or even nothing so half of £1500 is not bad.
friend of mine got shunted in his car recently and only got £1500 for whip lash.
hmmm, interesting. thanks for that info kwak. gives me more of an idea of what i should expect for my injuries.
kwak zzr
26-06-07, 09:59 PM
there was one other bruise but its abit sensitive where it was :)
i took photos of everything (yes everything) and give them to my solicitor.
if it wasnt for the injury part of the claim i would have been out of pocket.
MR UKI (1)
26-06-07, 10:00 PM
just bruising really (knee, groin) and a sore shoulder, i was expecting a few hundred or even nothing so half of £1500 is not bad.
friend of mine got shunted in his car recently and only got £1500 for whip lash.
I had similar, bruising to lower left leg, back and ribs. Sore neck and arms etc. But i've also been left with a 6 x 2 inch scar down my left shin and according to the doctor who completed the medical report a permanent 'loss of sensation' to the leg. So will just have to wait and see.
Is it a case of how good the solicitor is in these cases or are there more factors affecting pay out amounts?
kwak zzr
26-06-07, 10:03 PM
well i must say the solicitors i was using was rubbish and ive accepted the first offer so i couldn't say. this is my first ever claim.
there was one other bruise but its abit sensitive where it was :)
i took photos of everything (yes everything) and give them to my solicitor.
if it wasnt for the injury part of the claim i would have been out of pocket.
i took loads of photos of my bruises too, showed them to the doctor who has to write the report on my injuries.
kwak zzr
26-06-07, 10:06 PM
was you badly injured Sarah?
was you badly injured Sarah?
i got some pretty bruises and a painful neck/shoulder. physio seems to have pretty much sorted that though, only the odd twinge now and one of my bruises still hurts if i lean on it (v annoying as it means i can't do some of the exercises at aerobics).
kwak zzr
26-06-07, 10:14 PM
fingers crossed for a decent pay out then.
fingers crossed for a decent pay out then.
yup, it may well go towards a buell :cool:
MR UKI (1)
26-06-07, 10:17 PM
Were you happy with the time it took to get your settlement Kwak? 8 months doesn't seem to long, i thought they normally dragged on for longer (especially injuries) but as with you this is the first time i've had to claim through solicitors anyway.
kwak zzr
26-06-07, 10:18 PM
oohhhh do have a firebolt please do please do.:)
oohhhh do have a firebolt please do please do.:)
i'm in love with the lightning i sat on at the weekend :smt050
the firebolt didn't feel as good to sit on
kwak zzr
26-06-07, 10:20 PM
i thought the bike would have been settled first then the injury's after-wards but the third party's insurance just did it all together. considering i was only TPF+T its not too bad i suppose, i did have to buy the sv1000 out of my own pocket tho.
kwak zzr
26-06-07, 10:21 PM
i'm in love with the lightning i sat on at the weekend :smt050
the firebolt didn't feel as good to sit on
oh:confused: the lightning does look a mean tool tho.
MR UKI (1)
26-06-07, 10:26 PM
i thought the bike would have been settled first then the injury's after-wards but the third party's insurance just did it all together. considering i was only TPF+T its not too bad i suppose, i did have to buy the sv1000 out of my own pocket tho.
That's not too bad then, had mine in dribs and drabs so far, bike first (it was CAT D) and then the clothing. Still waiting for police recovery/storage charge money to be refunded and the injury. Why they can't pay it all in one go i don't know. It did allow me to get the SV back on the road in time for the 2 weeks of summer we've had this year though!
oh:confused: the lightning does look a mean tool tho.
the lightning just seemed to fit :cool:
will have to go for a test ride
That's not too bad then, had mine in dribs and drabs so far, bike first (it was CAT D) and then the clothing. Still waiting for police recovery/storage charge money to be refunded and the injury. Why they can't pay it all in one go i don't know. It did allow me to get the SV back on the road in time for the 2 weeks of summer we've had this year though!
our solicitor said that the claim would be made in sections like that too. we haven't had a bill for the storage/recovery. no idea who has paid for it:confused:
MR UKI (1)
26-06-07, 10:41 PM
our solicitor said that the claim would be made in sections like that too. we haven't had a bill for the storage/recovery. no idea who has paid for it:confused:
I had to pay for mine to get the bike back home. The police had it removed from the scene and taken to a compound. It cost just over £400 for removal from the scene, 2 days storage (Sunday and Monday) and delivery back home. The insurance company said it was my responsibility to get the bike back at my cost asap to avoid increasing the bill unneccesarily and claim the money back from the 3rd party. It's a little bit unfair to be out of pocket for so much for so long, but it appears to be the norm unfortunately :(
Well done Kwak, not a bad deal dude.
Sarah, your damages could be different, being female damage to legs face and arms could affect you social life. they class that type of injury as worth more to women than men.
Luckypants
26-06-07, 10:46 PM
Well done Kwak, not a bad deal dude.
Sarah, your damages could be different, being female damage to legs face and arms could affect you social life. they class that type of injury as worth more to women than men.I'm gonna bite my vitual lip on that one.
Well done Kwak, not a bad deal dude.
Sarah, your damages could be different, being female damage to legs face and arms could affect you social life. they class that type of injury as worth more to women than men.
let's hope so!!!
the bruises on my arms were a bit embarassingly colourful (http://picasaweb.google.com/sarahanneharrison/CRASH)!
Lucky pants. i had a big bump lost most of my lower left leg and my teeth.
solicitor told me then if i had been a woman, my claim would have increased.
women wear less clothes than us, so scares and marks will be seen more.
Rhys
Sarah, cry pain all the way to the court, and keep going to the Dr. these bumps might come back in later life. besides get back what they had out of me years ago. They can never ever say you are not in pain.
Rhys
ASM-Forever
27-06-07, 12:15 AM
A few tuppences to throw into the mix:
1:Its pointless to compare what other people get paid out for injuries as there are so many different factors involved...you may get less/more...you wont know until you know :)
2: MR UK. If the other party was at fault for the accident then you should be able to get the recovery fee back. Any other fees such as storage will normally have to be met by you...you may get lucky and these will be paid as well. I very much doubt you will get anything back for the delivery of the bike to your house. The fact that it was delivered by the recovery company(who charge massive prices) is a clear example of not mitigating your losses. You could of got your insurance to move it, as i did, or organised another company to do it. Dont get me wrong im with you all the way the recovery/storage fees are ridiculous!
3: With regards to injuries to women being worth more than men...that is ridiculous and surely cant be true. However i suppose if it did go to court, an injury to a woman would probably be considered more horriffic than if the same injury happened to a man...sad but true.
Personal injury claims and all the accompanying litigation are a bit of a sticky wicket for me. I am sure some compensation is warranted, but the fact that it has become a matter of course to sue for personal injury after an accident...no matter how minor the injury(In various letters from soliitors vying for my case they almost encourged me to claim even if i was fine!). Its only fair to say now, that i am involved in a personal injury claim so i may be considered a hypocrite....although IMO my injury justifies action. That said i do sometimes reflect and feel a bit guilty for involving myself in something i have always despised.
N.B. the above is in no way a criticism of Kwak/Sarah....it is more a stand alone gripe about the current litigation culture :)
Personal injury claims and all the accompanying litigation are a bit of a sticky wicket for me. I am sure some compensation is warranted, but the fact that it has become a matter of course to sue for personal injury after an accident...no matter how minor the injury(In various letters from soliitors vying for my case they almost encourged me to claim even if i was fine!). Its only fair to say now, that i am involved in a personal injury claim so i may be considered a hypocrite....although IMO my injury justifies action. That said i do sometimes reflect and feel a bit guilty for involving myself in something i have always despised.
N.B. the above is in no way a criticism of Kwak/Sarah....it is more a stand alone gripe about the current litigation culture :)
I can't/don't disagree with you.
I'm sure some people wouldn't make dodgy injury claims if they didn't feel that they were getting utterly shafted by the rest of the insurance claim process.
ps. I'm not making a dodgy claim.
Flamin_Squirrel
27-06-07, 08:35 AM
The insurance company said it was my responsibility to get the bike back at my cost asap to avoid increasing the bill unneccesarily and claim the money back from the 3rd party. It's a little bit unfair to be out of pocket for so much for so long, but it appears to be the norm unfortunately :(
:o
I'd have phoned the 3rd parties insurance co and told them to get the bike back to me and pay the bill pronto, 'cos as they're picking up the tab it's in their interest to organise it as fast as possible.
timwilky
27-06-07, 09:00 AM
The daughter tells me that there are books that personal injuries work to that is supposed to value injuries and previous awards (JSB guidelines, and Kemp & Kemp), and yes women can recieve a higher award for things such as scarring etc. I would assume any solicitor advising a personal injury claim would consult these to get an indication of what would be a justifiable award.
Yes I have had a personal injury payment as a result of an off when I was hit from behind. Whilst it was all "soft tissue" ie, bruising to my legs, thumb the real issue was my shoulder on which I landed. That was nearly 4 years ago. My settlement was £6,500. I underwent Physio to the shoulder for over a year, tried accupuncture. In the end they have told me that it will never give over aching or recover full movement. I would give double the award for my shoulder to be as it was pre accident.
I don't like the blame/claim compensation culture we have today. Yet I have participated in it. If we could get rid of the scuralous claims then it would speed up the process for those with a genuine injury to seek damages. However, with so many legal professionals being employed in the blame/claim game I doubt that there is a willingness for them to throw away this particular cash cow
I had to pay for mine to get the bike back home. The police had it removed from the scene and taken to a compound.
Last year I smashed my Bandit 600 up on a Norfolk country lane - before the police got there I was on the phone to Carole Nash arranging for the breakdown cover people they employ to come and take it straight to my home. The coppers were insistent that they would arrange it and to cancel my people, but before they could Auntie Carole's recovery guys arrived and were loading it up. I dread to think what the storage charges and recovery would have cost me, as it was it went home for free.
Never ever leave it for the police or local authority to arrange.
Hey don't blame me, I don't do personal injury work:D
I can't/don't disagree with you.
I'm sure some people wouldn't make dodgy injury claims if they didn't feel that they were getting utterly shafted by the rest of the insurance claim process.
ps. I'm not making a dodgy claim.
I'm staying as much away from the personal injury debate as much as possible, however, my thoughts on the whole lot are pretty simple.
People should claim for anything that they lose as a direct result of the injury and nothing more. Claiming for a bruise that doesn't stop you doing anything else IMO is stupid. Say, if I was bruised in a certain "Scandanavian area" and was unable to "perform," I wouldn't be claiming costs from the party at fault (proven fault or otherwise), because I haven't lost anything tangable.
However, whiplash that prevents me getting to work (and thereby stops me earning money), claim for loss of earnings minus the saving made in commuting expenses.
All the above is my opinion based around living with a medical condition that was solely caused by one individual, and no, I didn't claim. They made an honest mistake whilst trying to help me.
rpwoodman
27-06-07, 12:22 PM
I got rear-ended in September last year (3rd party accepted 100% blame) and a few weeks ago, I finally got an offer for compensation, which I accepted. I didn't hear anything else from them, so I spoke to my solicitor (i.e. the solicitor provided by Carole Nash) who chased them and they have now made an offer of £84 less than their original offer!
I don't get that at all - surely their initial offer must have been binding. I'm going to insist on the initial offer or I'll go to court (can't imagine it'd go down very well if it came out that they'd made a higher offer), unless someone tells me that's a bad idea!
ASM-Forever
27-06-07, 01:38 PM
I think Baph and Sarah both make decent points.
It may well be the case that people routinely makea PI claim to 'top up' on the money that they have lost out on, with regards to a crap valuation for the vehicle and a lower than expected compensation for clothing/equipment damaged. Surely if the insurance monkeys pay out a fair price for the vehicle/gear it wont be an issue...Unfortunately though we all know this will not be the case as people are always going to go after easy money. You could therefore argue that they deliberately pay out less for fixed cost items as PI claims have become par for the course.
On a more personal note, i intend on playing my PI claim by ear. I want to see how good(or should that be bad) the knee is after the operation/recuperation. Realistically the surgeon reckons the knee will be quite far off how it was and will be a 'weak link' for life! However the last guy who he operated on with a similar severity knee injury(approximately 1 a year he reckons) got back into playing professional rugby league...all be it at Harlequins :p . That gives me quite a lot of hope..which at 21 and having played county cricket and hockey....i really needed as i am lost without sport :cool:
2:30PM...i really should look into breakfast :)
I don't get that at all - surely their initial offer must have been binding. I'm going to insist on the initial offer or I'll go to court (can't imagine it'd go down very well if it came out that they'd made a higher offer), unless someone tells me that's a bad idea!
i'm trying to remember my contract law lectures. i think it's not binding i.e. no contract unless you accept an offer. presumably after you rejected the initial offer they subsequently retracted it and then made the other (worse) offer.
On a more personal note, i intend on playing my PI claim by ear. I want to see how good(or should that be bad) the knee is after the operation/recuperation. Realistically the surgeon reckons the knee will be quite far off how it was and will be a 'weak link' for life! However the last guy who he operated on with a similar severity knee injury(approximately 1 a year he reckons) got back into playing professional rugby league...all be it at Harlequins :p . That gives me quite a lot of hope..which at 21 and having played county cricket and hockey....i really needed as i am lost without sport :cool:
i've got my fingers crossed for you. any more news of a date for surgery?
kwak zzr
27-06-07, 01:50 PM
with the PI i just about break even, without i would have lost out big time, if anything i did too little in this situation, i'm not one to exaggerate about injuries when insurance is involved just to hike the award if anything i didn't tell them enuf, there was things i missed out on completely, i recovered the bike myself and i refused a hire bike from 3 company's just to keep the bill down.
kwak zzr
27-06-07, 01:51 PM
oh Sarah just seen the pics of your bruises:( they were alot worse than mine.
ASM-Forever
27-06-07, 02:10 PM
i've got my fingers crossed for you. any more news of a date for surgery?
Nothing concrete(is anything the NHS ever do concrete?)but the consultants secretary reckons mid July...if this doesnt materialise then i will probably go private..as much as i loathe to 'waste' the money.
However i have my deferred uni exams in August, which i have to take no matter what as i dont want to lose a year, so they may be the priority. It might be an interesting experience doing my exams with both legs operated on a week before :rolleyes:
Nothing concrete(is anything the NHS ever do concrete?)but the consultants secretary reckons mid July...if this doesnt materialise then i will probably go private..as much as i loathe to 'waste' the money.
However i have my deferred uni exams in August, which i have to take no matter what as i dont want to lose a year, so they may be the priority. It might be an interesting experience doing my exams with both legs operated on a week before :rolleyes:
july sounds hopeful. sound like a bit of a nightmare having to do deferred exams in august. have you missed many lectures etc?
ASM-Forever
27-06-07, 03:31 PM
Yep quite a few, unfortunately the important revision ones. TBH i will sail through all the modules except Business Accounting.....that will require some revision...its not like i dont have time on my hands :)
Yep quite a few, unfortunately the important revision ones. TBH i will sail through all the modules except Business Accounting.....that will require some revision...its not like i dont have time on my hands :)
what degree are you doing?
business accouting doesn't really give anything away, seem to have modules like that in every course
dirtydog
27-06-07, 08:24 PM
oh Sarah just seen the pics of your bruises:( they were alot worse than mine.
Ah don't give her any sympathy she's just mouldy really ;) ;) ;)
Ah don't give her any sympathy she's just mouldy really ;) ;) ;)
:smt019:smt019:smt019
rpwoodman
27-06-07, 08:41 PM
i'm trying to remember my contract law lectures. i think it's not binding i.e. no contract unless you accept an offer. presumably after you rejected the initial offer they subsequently retracted it and then made the other (worse) offer.
Ahh, sorry, wasn't clear - I did accept the offer, then they went quiet, my sol chased them up and they made a new, reduced offer! :-s
dirtydog
27-06-07, 08:43 PM
:smt019:smt019:smt019
:smt056 :smt056
I remember a woman I used to work with in Plymouth - her car was rear ended, and she told me about it the next day.I asked her if she had any pain or neck ache and she said no. I said something like 'shame, you can get quite a bit for whiplash' and the next day she came to work in a neck collar and complaining of a severe headache and neck stiffness. Go figure.
ASM-Forever
28-06-07, 01:31 AM
what degree are you doing?
business accouting doesn't really give anything away, seem to have modules like that in every course
Business degree...first year was a pretty broad spectrum...core modules etc, but second year has been more electives....i've been exploring marketing('cos its interesting) and financial investment('cos the £'s). Bit of accounting and IT(Access booooooh) thrown in the mix.
You have now satisfied your allotted quota of questions :p
MR UKI (1)
28-06-07, 06:13 PM
Last year I smashed my Bandit 600 up on a Norfolk country lane - before the police got there I was on the phone to Carole Nash arranging for the breakdown cover people they employ to come and take it straight to my home. The coppers were insistent that they would arrange it and to cancel my people, but before they could Auntie Carole's recovery guys arrived and were loading it up. I dread to think what the storage charges and recovery would have cost me, as it was it went home for free.
Never ever leave it for the police or local authority to arrange.
Ideally i wouldn't have left it to the police, but unfortunately i was off in an ambulance before i could sort out recovery by my insurance company. In these circumstances i think it should be up to the 3rd party to reimburse the cost. But yes, i appreciate it may be unlikely!
clanger
29-06-07, 12:53 PM
What sort of injuries did you have Kwak if you don't mind me asking? I'm in the middle of the injury claim from my spill in December. Had the money for the bike and clothing in March, just waiting for the injury figure at the moment.
When I had my accident in 1998, I was hit on a roundabout and had my lower leg crushed and pelvis twisted, I had 7 witnesses and a motorcycle cop first on scene. I was on crutches for 3 months and had to go to hydrotherapy to learn to walk again, also once a month I went thru a series of guanadithine blocks to help nerves/muscles etc come back to life and also had to see a shrink.
My case went to court and they awarded me more than we were asking for!! BUT I go nothing for 4 years...sometimes you just have to be patient.
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