Honda XRV Forum banner

1 - 20 of 21 Posts

·
Registered
Joined
·
461 Posts
Discussion Starter #1
This is the round up of the 2.5 yr legal battle which I know many of you have been following.
You have to remember that this case was looking like it was going to settle for £30,000 from the original legal team that my insurers provided me with. i decided to seek out Andrew Campbel and he managed to get the following results.

£466,000 filtering accident settlement

Mr N –v- Mr S

On 31st July 2007 the Claimant was riding his Honda 750cc motorbike along Kings Road in Brighton. He was in the offside of two lanes and his headlights were on. There were other vehicles in the same lane which were, at the relevant time, either stationary or moving very slowly. The Claimant was able to pass them whilst remaining within the lane.

On the right hand side of Kings Road there was a turning into a minor road called Weston Street. As the Claimant approached that point in Kings Road a Mini motorcar being driven by the Defendant suddenly turned, without any indication, in order to cross to Weston Street. The Claimant was in the process of passing the Defendant’s car at the time of the manoeuvre and had no chance of avoiding the collision which then took place.

The Claimant alleged negligence on the part of the Defendant in failing to look in any of his mirrors or to look over his shoulder before turning; failing to give any indication of his intention to turn right and failing to notice the presence of the Claimant’s motorbike on the road.

The Claimant was thrown from his motorbike and was immediately conscious of severe pain in his left leg. He was taken to hospital by ambulance and a clinical diagnosis of a fracture of the medial malleolus with a possible diastasis with proximal fibular fracture was made. In addition to the bony injury the Claimant suffered a very extensive soft tissue injury to the ankle and was admitted to hospital.

The Claimant’s prognosis remained poor. His ankle remained painful and weight bearing for more than 45 minutes caused swelling. The Claimant’s balance was poor and he could not walk on any surface which was not flat. His pain and disability were such that he could no longer work as a specialist photographer in adventure sports and sailing. He was also unable to undertake his former hobbies of skydiving, snowboarding, skiing, hiking and paragliding and his pilot’s licence was suspended for a while as a result of his injuries.

The Claimant’s insurers initially suggested that he instructed their panel firm and they served a letter of claim in August 2007. The Claimant was not satisfied with the level of service provided and so transferred his instructions to Andrew Campbell, being a specialist in the field of motorcycle accident claims.

On 29th October 2007 the Defendant served statements and a locus report and denied liability. In February 2008 the Defendant stated that liability was still denied. On 10th March 2008 the Claimant submitted a liability offer of 75/25% in his favour. The Defendant responded on 11th March by serving a copy of his engineer’s report and indicating that he believed liability should be split with only 30% in the Claimant’s favour.

The Defendant was not prepared to make any further concessions or offers in relation to liability and as a consequence the Claimant was compelled to issue court proceedings. The proceedings were served on 3rd September 2008 and on 20th November the Defendant made an offer of 50/50 in relation to liability. Negotiations continued with the Defendant eventually agreeing to accept 60% in the Claimant’s favour on 16th December 2008.

Following detailed discussions at a settlement meeting in November 2009 the claim settled for £466,000 gross with a 40% deduction for contributory negligence, leaving the Claimant with £280,000 for what at first seemed like only a moderately serious injury.
 

·
Registered
Joined
·
41 Posts
I don't know you, but seriously, what a result! At least now I wont feel so bad telling people i'm getting £5k for when a lady kindly backed into me on the back of my dad's bike, in a carpark, 9 years ago, breaking my leg.
 

·
Tropical Member
Joined
·
2,037 Posts
Congrat's mate on the result.:thumbup:
 

·
Wing Commander
Joined
·
14,437 Posts
Good result. In this country the courts and insurers recognise loss of freelance earnings.
 

·
Craigypops
Joined
·
6,747 Posts

·
Registered
Joined
·
779 Posts
Good news, both for you, but also this will hopefully make it easier for subsequent cases of filtering injuries. Who knows, we might even get to 100% cagers fault for not looking and not indicating soon?
 

·
Registered
Joined
·
461 Posts
Discussion Starter #12 (Edited)
So you can afford to subscribe then?
Maybe....But only if the mods stop picking on me and stop moving my threads`!! If I wanted to post this in the insurance section I would have out it in the insurance section! This is not an insurance subject! Move it back and I'd consider subscribing!
 
L

·
Guest
Joined
·
0 Posts
Sorry but it is about insurance and liability, as it fits better in this forum it shouldn't be in chatter..
 

·
Matron
Joined
·
12,080 Posts
Maybe....But only if the mods stop picking on me and stop moving my threads`!! If I wanted to post this in the insurance section I would have out it in the insurance section! This is not an insurance subject! Move it back and I'd consider subscribing!
Oh for goodness sake. Jon moderating on this site is an absolute dream compared to some other places I help out on, but it's still not the easiest job in the world. No body is picking on you, we move lots of threads around daily because they fit better in some sections that others and this is about the results of your insurance claim so fits into insurance.

As far as subscriptions, if you enjoy the site and get value from it then subscribe, if not then don't
 

·
Senior Member
Joined
·
2,701 Posts
Nice one Gnasher, :thumbleft: . . so you can keep the plane and the campervan now.:cool::D:D


p.s.
Jon, it don't matter where the mod's put it, . . . it's still good new's.
 

·
OVALTEENY !!!
Joined
·
6,063 Posts
Good result
 

·
Premium Member
Joined
·
273 Posts
Excellent result. I just wish that all car drives were MADE to ride a motorcycle for a while before they are given their licenses, so many car drivers just don't bother using mirrors, indicators or even turn their heads and look when changing lanes or turning left/right (I drive a car also btw, so I'm not a tin top hater!).
The times I've wished I had a GUN so I could shoot off their mirrors and shoot out their lights....the obviously don't need them!

Hope your back to work and are now enjoying your (what sounds like a perfect) job again.

What do you fly btw?
 

·
Registered
Joined
·
1,472 Posts
Excellent result, you've had the balls to go after what you believed on and the specialist to support you so good on you. I know from very simple claims, how it can all go against you, I pushed to go to court over a tbone on a roundabout where they said I didn't indicate with witnesses....who where the drivers sons in a following car...utter bo##ocks...after that I said no negotiation, I want it to go all the way, full compensation for the damage. I didn't have any injuries and this was before the current injury claim softness but I can't say I didn't deserve something for my bruising, but they'd have laughed if I said I wasn't able to partake in my pastimes of mtn biking and freelance photography. I pushed it to go to court and they then settled in full, no arguments. Worth every penny but the 9months stress, without a bike, without my pastimes for nearly 6 months....I got nothing for that.

Oh, and the magic threads....I feel your pain...but you need to consider that the average user here is a bit more advanced, they actually look into nearly all the sub sections so your never gonna get a post lost..and they've got the new threads links along with the homepage highlights. Nothing gets missed on here, sometimes they come back months afterwards too, just to show, people here do look and they do read....strange bunch really.
 
1 - 20 of 21 Posts
Top