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Old 11-11-05, 10:49 AM   #1
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Location: Eastbourne, East Sussex
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Default Personal Injury claim

Well, as most of you know, I was involved in a rather nasty accident last November (yep - it really is a year nest week! ) and since then I've been recovering and dealing with the insurance and Personal Injury claims.
I lost out on the insurance claim, with them offering me stupid money for my (previously!) immaculate bike and then not paying me all of what my riding kit was worth, even though every single thing was wrecked!

Needless to say I don't at all like nor trust the third party's insurance company (Norwich Union).

My Solicitor had asked them for an advance, interim payment to be taken from my PI claim...

...Instead they came back and offered an early, full & final payment of just 20,000.

This is one hell of a lot less than I was expecting but after receiving the details in a letter from my Solicitor, he think's that's not too bad!
There are also implications associated with turning the offer down!

If I decline it and later on, get awarded less than this, I am liable for all costs incurred by both parties from the date of the first offer!

The second medical report will be taken in August 2006, so I would have to wait until at least then before anything is done.

I am getting incredibly fed up with the whole situation and would like to simply draw a line under it and start my life over again.

I have been rather silly with money in the past, running up a sizeable chunk of debt and this is making it rather difficult, as I was made redundant at the end of July and have started my own business, so could more than do with some cold hard cash!

After thinking over everything, I decided to send back a counter offer to them!

We've asked for 28k and that'll be the end of it.

That'd allow me to clear my debt, buy a second bike ( ), put some money into the business, allowing me to buy a better van than I could afford now, etc. and actually create some savings.

I wish I had the money to not worry about it and the mentality to stick it out any longer but I've had it!
It narks me that they could get away with so little for nearly killing me but knowing how my luck always goes, it's probably not worth any risk either!

Dunno why I've posted this - I suppose I just needed to tell some people and I also wonder what other people would do in a similar situation.

Ex-owner of a very lovely Blue SV650SK3.
Current toy a fantastic Green 1999 Kawasaki ZX7R and a beaten up 1983 GSX550 project.
Enjoys wearing orange proban at weekends - hmmm, stylish!!
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Old 11-11-05, 10:59 AM   #2
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Last edited by Bluewolf; 17-01-11 at 04:27 PM.
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Old 11-11-05, 11:13 AM   #3
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all the best fella.
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Old 11-11-05, 11:33 AM   #4
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**** one coombest.

20K for what you went through sucks salty balls.

All the best.
I look good, I mean really good! Hey everyone come and see how good I look!

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Old 11-11-05, 11:46 AM   #5
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Bugger, hope you get the extra 8k - 20k don't seem enough for what you've been through.
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Old 11-11-05, 12:42 PM   #6
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My mum was 'taken out' my a merc on an 'A' road near guildford last june ( 26th i think) when riding pilion on her tboyfriends ZX12R. She spent 1 week in guildford hospital before she could be transferred to Barnsley general. She suffered a broken Tibia and Fibula in 3 places & broke 2 toes on her left leg/foot, Broke her right ankle in 2 places and 3 broken toes. Her right bum cheek muscle split in half and healed back oddly.

She has so far had 4 operations to rectify the damage:

1. Pin through Tibia from knee to ankle on day of accident
2. Ankle broken and reset after they failed to notice it broken on day of accident.
3. pin removed and tibia and fibula broken above original breaks and cgae thingy fitted to be tightened every day by variable amounts.
4. Cage removed in August this year.

She has found out this week that her left leg is a full inch shorter than her right after doctors again failed to check until now ( what's that 17 months) She will have to have special insoles made to alter height ( i.e. shave as much off right as possible and build left up to make 1 inch difference) She has to have physio every week for the forseeable future and will not be getting a settlement anytime soon (although she has just had a second interim payment of 10,000).

The driver of the Merc had been reported as overtaking on the hard shoulder 5 minutes prior to pulling a u-turn on the road into path of them by no less than 4 witness statements. Whats he get ..... slapped wrists and a new merc.

The law sucks

Hope you get what your owed mate, Insurance dealers are just above bank robbers and murderers, and i do mean JUST.
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Old 11-11-05, 12:58 PM   #7
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I don't get the law re insurance claims, it often seems to end up with the victim at risk of paying all the costs and stupid things like that

fingers crossed though that they payout what you've asked for and you can start getting your life back on track

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Old 11-11-05, 01:03 PM   #8
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My ex-housemate specialised in PI claims for sometime, before moving to her prefered field of Medical Negligence. It is very badly paid, and therefore not well represented for those who need it the most, which in turn affects case history, on which new cases cite.

The recent spate of slip-and-claim PI firms hasn't helped, as their claims are highly unrealistic.

If there's one thing I learnt from her experiences, is that contrary to what some may think, the law in this country does not support a litigation culture.

Unfortunately, it's almost the opposite. Obtaining substantial compensation for injuries sustained requires money, dedication, expert witnesses and court time.

However, it seems that you'd have been better off slipping up on a wet floor in Tesco's, and claiming from that.

This kind of Civil Litigation, as you have learnt yourself, can be farcical at times! All I can suggest is get your money, draw the line, cover all your debts, cancel the cards, and get on with life.

Once that's done... Curry and Cobra to celebrate!

From a personal perspective Tim... here we are, one year on (next week). You're walking, talking, riding, living and breathing. You've finally got yourself a belly, and without any question, have maintained most, if not all of your independence. Things could have been very different... get what you can, accept the experience, sort yourself out, and you'll be a much happier chappy!
SV650 K3 - Gone. Now a member of the Kawasaki brigade!
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Old 11-11-05, 06:05 PM   #9
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I was in a similar situation a few years ago. It did my head in aswell - the waiting, the liasing, the letters etc.... A year down the line, they do tend to temp you with a closing figure - but I told my solicitor where they could stick it, and I asked for an extra 30% and they accepted without quibble the cheeky s@ds!! So all the best in sorting it out. Start from the figure you want and bring down the figure in increments, something will come of it.

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Old 11-11-05, 06:16 PM   #10
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I work for one of those insurance companies have done for 13 plus years and the first advice I would give anyone is never accept the first offer, we EXPECT it to be declined.

That said....

I am getting incredibly fed up with the whole situation and would like to simply draw a line under it and start my life over again.
Is a serious thing to consider, is the extra cash worth all the hassle/stress you are going through? To some it is, others it ain't but money isn't everything mate and you seem to have your health

Take the money and run while your still young no wait, screw the *******s for every penny they owe you

Now I can't decide myself
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