I wonder how many?

Discussion in 'Lounge' started by T.C, Aug 1, 2019.

  1. T.C

    T.C Elite Member

    Joined:
    Feb 9, 2012
    Messages:
    1,003
    Likes Received:
    956
    I had to feel sorry for a chap who called me a few days ago.

    He was on his motorcycle when he was forced to take avoiding action because of a careless driver.

    As a result of taking avoiding action he was unable to avoid hitting a pothole which in turn threw him off his bike and a 4x4 travelling in the opposite direction ran over him.

    As a result, the rider sustained multiple life changing injuries including 120+ fractures to his head, a fractured eye socket, multiple fractures to ribs, arms, legs, nerve damage, sliced liver, punctured lungs (with many other injuries resulting in 4 weeks in intensive care) and which has now left him unable to work for the rest of his days.

    His insurance campany and a law firm told him that he had no claim because of the circumstances even though they did not investigate or obtain full details.

    As a result he let it go and did nothing further as he believed his insurance company and the law firm he spoke to knew what they were talking about.

    By chance someone suggested that he had a chat with me to see if I might be able to help or give him some advice.

    We had a long conversation and it was quickly obvious he had a very valid claim.

    Trouble is, this crash happened 4 years ago and so statute of limitation kicked in.

    He cannot plead incapacity because despite no memory and ongoing brain injury he is able to make his own decsions and so to my regret I was unable to help him.

    But it got me wondering how many others (especially motorcyclists) have suffered life changing injuries through no fault of their own and been told they have no claim, do nothing further about it and then find later that they do in fact have a valid claim but by that time it is too late to do anything?

    We often hear of the fake and false claims, but how many genuine cliams go by the board?
     
  2. Spygoat

    Spygoat Well-Known Member

    Joined:
    Aug 3, 2018
    Messages:
    2,056
    Likes Received:
    1,002
    In 2008 I was on my Suzuki TL1000R sitting stopped at a traffic light on Bainbridge Island in Washington State. I was rear-ended by an inattentive driver doing (police estimated) 25mph. I sustained some very serious injuries. 6 weeks in hospital in the intensive care unit. I was initially told I had no case. I did not abide. I went to another attorney and did, in fact, have a case. Half a million in hospital costs later, I got a settlement. It was nice, but not for what I went through. I have over 9 feet of scars on my torso. I have what looks like a botched autopsy..lol.

    My advice to anyone involved in an accident, of any kind, is to research your legal rights immediately and if you're not satisfied with the advice you get, get a second opinion.
     
    • Agree Agree x 1
  3. T.C

    T.C Elite Member

    Joined:
    Feb 9, 2012
    Messages:
    1,003
    Likes Received:
    956
    I am sorry to hear of your experience.

    You are right about getting second opinions, but the touble is we have too many people (as in members of the public) here in the UK who will happily dish out incorrect and factually wrong advice and people accept that advice on face value.

    I can relate. When I had my crash many years ago which left me disabled and forced my early retirement from the Police, I was told to accept £2,500 in full and final settlement of my claim even though I lost my career, a chunk of pension and, and, and.

    It was my case that got me involved in the civil side of the law when I retired as a motorcycle crash investigator as I vowed try and ensure that no rider ever got trampled on as I did because it was to late for me to do anything when I found that discussions about the value of my case should have started at around the £300,000, not £2,500.

    But back to your point. We are lucky here in the UK in that being rear ended is what is called strict liability, so had your crash happened here in the UK you would not have had that problem or there would be at the very least a case for professional negligence.

    The trouble with this chap was that because of his head injuries and he had nobody to advise him, he took the advice he was given at face value, and then the bar room lawyers also had their say and suggested that it could cost him thousands if he sought further advice.

    Totally inaccurate and incorrect advice.

    His alternative would be to sue for professional negligence which is still within the statute of limitation (6 years) and could be worth the value of his original personal injury claim (which in this case would be substantial even though the awards in the UK are well below the USA amounts), but because of his brain injury, he cannot remember who it was that gave him the bad advice or whether it was a panel firm or independent.
     
    #3 T.C, Aug 1, 2019
    Last edited: Aug 1, 2019
    • Useful Useful x 1
  4. nigelrb

    nigelrb Elite Member

    Joined:
    Nov 2, 2017
    Messages:
    9,804
    Likes Received:
    3,371
    Is action against the original solicitor feasible, framed as professional negligence, and dealt with via a specialist solicitor or the Law Institute?

    *Just read further post stating the claimant cannot remember original solicitor* On that basis this makes the matter even more sad.
     
  5. T.C

    T.C Elite Member

    Joined:
    Feb 9, 2012
    Messages:
    1,003
    Likes Received:
    956
    Professional negligence cases can be dealt with by other law frms or by the Law Society or in the case of individual solicitors, the SRA (Solicitor Regulation Authority)

    Law firms have no hesitation in suing other law firms these days.
     
    • Thanks Thanks x 1
  6. raphael

    raphael Elite Member

    Joined:
    Feb 26, 2012
    Messages:
    3,889
    Likes Received:
    1,591
    my first serious accident (at 17) I ended up in a coma for 3 weeks.
    On the day I came out of it there was a visit from the police telling me what happened and that I was a lucky boy to be alive followed by I should put this one down to experience!
    I was filtering when a car turned into the side of me and that’s all I remember.
    I was told the bloke in the car had no license,insurance, no mot on the car and had been in the pub all afternoon so pissed also.
    Didn’t receive a penny!!
     
  7. T.C

    T.C Elite Member

    Joined:
    Feb 9, 2012
    Messages:
    1,003
    Likes Received:
    956
    You had a good claim.

    I dealt with a crash a little while ago where the rider suffered a severed femeral artery as a result of a car travelling on the wrong side of the road towards the rider.

    Rider survived but is left with life changing disabilities. The Police dealt with the incident as a damage only crash, and claimed it was a head on because the rider was on the wrong side of the road when in fact the evidence was able to prove that the bile was struck by the rear of the car as it cut the corner.

    I had to go and interview the Police that dealt with it, their face was a picture when I called their bluff, especially the one who said "If you understood how the Police operate at crash scenes?" :rolleyes::D

    The rider had no memory of the crash either so a degree of contributory negligence had to be accepted as I was unable to get a substantive statement from him, but suffice to say, the settlement allowed him to pay off the mortgage, adapt his property etc.

    Initially, anther law firm told him to accept £7,500 in full and final settlement based on the Police report which said nothing. It was about £350,000 less than he eventally settled for.

    In your case, you would have had a good case to go to the MiB with. After all that is what we all contribute to, cases such as yours.
     
    • Like Like x 1

Share This Page