bad bike accident advice needed

gline

recently had a bad accidnet(bike vs car)

Person was doing a u-turn in the middle of the road, dont remeber much, but person is getting prosecuted for it. However they said there "may" (not proven) have been an element of speed on my part .

How does this work? Do i get compo or nay? Now im not the claiming type of person as i let some guy away before with just paying for bike damages and dont like this personal injury crap..... BUT i was badly injured this time so i will need money to live (broken femur, requiring rod and screws inserted - common bike injury im told), im lucky to be alive (thanks helmet, it was smashed a bit :eek: ).

So what are peoples experience with these type of claims?? I wont be able to walk without crutches for months and cant get to work as it is the other side of the city. How much is the norm? (bike is a right off too, insured for 3k).

Cant give anymore info for obvious reasons

any advice or experience with this type of thing lads???

jetsonx

gline wrote:

there "may" (not proven) have been an element of speed on my part

and you're looking for compensation...PATHETIC.

gline

jetsonx wrote:

and you're looking for compensation...PATHETIC.

the thing is i dont know if i was and neither do the police (they said "may" have been an element of speed, but they arent sure), its not like i looked down at my speedo as i was about to hit a car

jetsonx

gline wrote:

the thing is i dont know if i was and neither do the police

gline, unfortunately for you if you say that type of thing, people being people will just take that answer as a YES.

gline

jetsonx wrote:

gline, unfortunately for you if you say that type of thing, people being people will just take that answer as a YES.

well lets take it as a no for now as i doubt i was speeding as it was a particularly bad road and i had only kinda taken off from lights a few seconds before, but the position of the car made me hit it at the front wheel arch and be propelled in the air, so i landed hard

Fabritzo

What speed were you doing?

gline

Fabritzo wrote:

What speed were you doing?

i havent a clue, but i aint no speed freak, id say i was bang on though, not just saying that

seamus

He doesn't know Fabritzo.

Good too see you're...well...posting again anyway gline. There's no reason why it should affect your compensation. At the end of the day, you don't know if you were speeding, though you doubt it, which is probably what word has to be taken. At best it could be roughly guessed from forensic evidence, if they bother with such an examination, but unless their estimate puts you doing waaay over the limit, then it can't be assumed that your speed was a contributing factor. After all, he did turnabout in the road.

The fact that he is getting prosecuted for it will more than likely make his insurance company pay straight out. He has no real "he was speeding" defence.

Have you talked to a solicitor yet (yours or your insurance cos)?

gline

first of all who said it was a he? And 2nd they did a forensic test i was told, but i dont think anything was conclusive. I havent talked to a solicitor yet as i am only out of hospital today, i have to talk to the gardai tomorrow or tonight and see what the score is

seamus

gline wrote:

first of all who said it was a he?

Ah well then, case closed, even more evidence in your favour!

gline

seamus wrote:

Ah well then, case closed, even more evidence in your favour!

ah thats pretty low, i think guys can be just as bad. feel sorry for the person in a way, witnessing someone flying past your windscreen and bouncing around on the road... not pretty

causal

gline wrote:

first of all who said it was a he? And 2nd they did a forensic test i was told, but i dont think anything was conclusive.

If "anything" wasn't conclusive then they can't prove "anything" beyond reasonable doubt. Of course if you admit to them that you were doing "anything" then they don't have to prove "anything" because you just admitted to "anything". Whatever "anything" may be

I havent talked to a solicitor yet as i am only out of hospital today, i have to talk to the gardai tomorrow or tonight and see what the score is

The Gardai have zero interest in any civil proceedings; they are only interested in ascertaining whether there are criminal charges to be brought against either party and if so passing the case on to the DPP - be advised.

Consider yourself lucky, only a couple of weeks ago a biker was killed when a car did a U-turn in front of him :mad:

Get well soon
causal

gline

causal wrote:

Consider yourself lucky, only a couple of weeks ago a biker was killed when a car did a U-turn in front of him :mad:

ah i know man i am lucky to be alive.. the garda said he thought he was going to see a corpse when he saw the accident scene.

and like i said i dont know if i was speeding cuz i dont remember that much, so its up to the garda and eyewitnesses i suppose to prove that yeh?

gline

another thing, how long do these type of cases take to go to court or to settle?? how does it work??? does the other patries insurence just payout without going to court or is it one of things that takes months to go to court and be settled???

Krusty_Clown

Hi gline (glen?), sorry to hear about your accident. Don't feel sorry for the car driver, as they performed a dangerous maneouvre, which could have made you another statistic on the road.. Speak to a solicitor as soon as possible.. MAG Ireland should be able to put you in touch with someone, if you're at a loss..

The case could take a lot more than a few months, unfortunately. Expect at least a couple of months anyway. you should be looking for loss of income compensation, if you cannot travel to work etc.

I hope this wont put you off biking in the future... Glad you're on the mend..

brianmacd

gline wrote:

well lets take it as a no for now as i doubt i was speeding as it was a particularly bad road and i had only kinda taken off from lights a few seconds before, but the position of the car made me hit it at the front wheel arch and be propelled in the air, so i landed hard

sounds like you broke the lights - therefore I imagine you would be at least part to blame -at least from reading this

gline

brianmacd wrote:

sounds like you broke the lights - therefore I imagine you would be at least part to blame -at least from reading this

broke the lights??? how did u get that from what i said?? i had taken off from lights.. ie they were green so i started going, man people read some crazy things into comments

Alfasudcrazy

I know you are just out of hospital and glad you on the road to recovery but its important to hire a good solicitor to deal with your case right now. Matters such as the prosecution of the offending driver need to be monitored by the solicitor who will be processing your claim as it will have a bearing.
Also your injuries need to be properly documented by the solicitor for the claim and the earlier this is done the better.
Your solicitor may also need to advise you as to court proceedings in the prosecution of the driver and as to whether or not to make a statement and if so what to say in it.

It seems to me you are a nice honest person - which is fine but you could have been killed and were seriously injured by the actions of this driver which obviously is costing you thousands in lost income and loss of freedom of movement etc. This needs to be compensated for and its important to be strong and quite determined to see that this is achieved. Showing too much sympathy for the offending driver or even implying yourself that you were speeding when possibly you were not could cost you thousands in lost compensation.
Best of luck with it anyway.

causal

gline wrote:

broke the lights??? how did u get that from what i said?? i had taken off from lights.. ie they were green so i started going, man people read some crazy things into comments

The poster is new so let's go easy. I take it they misinterpreted your original statement, by subconciously inserting the bit between the <*xxx*> below:
"...i had only kinda taken off from lights a few seconds before <*they turned green*>, but the position of the car made me hit it at the front wheel arch and be propelled in the air, so i landed hard"

causal
(filling in the blanks)

ifah

hi gline,

just wanted to give you a little insight into my own previous experience - nothing like yours - I was in a bus lane and a driver coming from opposite direction crossed double white lines and another lane of traffic before knocking me off - i wasn't damaged - just the bike and helmet (total 950 damage) so claim was small. The guards attended and tried to prosecute the driver (who left the scene but had turned into a private complex so I found him) for dangerous driving causing an accident (crossing double white) but the DPP turned the case down so there's no guarantee that the other driver will ever be done for it. Guards never said anything about me being in bus lane.

As far as the insurance claim went (he was insured with Hibernian) they only offered 50% of my claim because they claimed I shouldn't have been in bus lane. I looked for some advice from guards and a friend who is an underwriter in another co. and they all said that shouldn't come into it as i could have been bus/taxi/cyclist. I contacted a senior underwriter in Hibernian who said offer of 50% was wrong and that they were lucky I was only looking for bike damage to be covered and I had a cheque for the full 950 next day.

On another note I know different companies try to either play hardball (ie court etc)and some pay up much quicker. Quinn Direct I think are quickest to pay out - they have a policy of trying to settle fast and out of court especially in cases where they have a 50-50 or worse chance of losing (reduces solicitor/barrister costs).

hope this helps.
ifah

gline

ifah wrote:

hope this helps.
ifah

thanks man it is useful alrite. Garda are dropping around next week, so il ask them for advice and take it from there is suppose. Best thing to do???

murphaph

The best thing to do is consult a good solicitor right away. That type of accident fills me with dread. It happened to a mate of mine a few years back. It's one of those few driver mistakes that give you no time whatsoever to react. Scary stuff but glad you're on the mend, albeit slowly by the sounds of things. I don't know if I'd get back on the bike after that.

saobh_ie

If you'd just pulled away from the lights it’s doubtful that you were speeding. It’s most likely just another case of invisible biker syndrome, more common than the common cold even as we get into winter.

Do not make comments, you think, maybe, etc in a public forum prior to settlement. Also don’t second guess your self on a public forum, I had a n accident a while ago that I could have avoided by accelerating like a lunatic and then dropping the bike over, doing a knee down and going into a crèche car park with evil speed bumps in excess of 120km/h. I wouldn’t have been run over by Mary but had something happened in the crèche?

Doesn’t sound like you had any escape route at all however, a car u-turning in front of you does not involved of couple of seconds of things getting progressively worse, it’s a case of ‘oh f*** I’m gonna die’ BANG!!!

So there wasn’t anything you could do there. Congratulate yourself on being one tough mother and surviving.

You can claim for loss of use of your motorcycle until its repaired or replaced. With a broken leg its not going to be any good if you don’t get one. Have you a full B licence? Get a car off them. Although you can’t drive a car with a broken leg so get in touch with the other parties insurer and ask them about saving up taxi receipts for them, which they will reimburse you for when you settle.

I got EUR7500 out of my accident, suffered a net loss of EUR700 and my life was absolute hell for the six months it took to reach a settlement, that’s with the other party being complelty at fault. I did not claim for personal injury just the costs of eight boxes of painkillers and a shed load of bandages for the small of my back where I lost skin on landing. Unless you break something personnel injury is a joke in my opinion, all your going to do is take a bunch of painkillers and not feel a thing anyway.

But there are set figures for injury’s, they’re all in a book whose name I can’t recall but a friend has access to a copy so I’ll see if I can look it up.

I also claimed for repairs to the bike, the cost of my insurance while I was off the road, loss of earnings, my gear damaged in the accident, loss of use, my Xbox which was on the back, and a couple of other things. It added up to about EUR9000, which I would have been able to get had I held out, and gone to court apparently, but by the time I’d be awarded the EUR9000 I’d need EUR12000 to pay for the increased cost of living from not having my own transport etc.

There were only three bad things about my accident, loosing the bike for six months, the financial strain it put on me, and the fact that a couple of months after the accident the council erected a sign three feet in front of where I landed. I would have hit it while I was spinning through the air and definitely would not be here today if it was in place before I had my accident.

The good points are that through sure pig headedness I’m back on the bike, riding better, safer and much more aggressively, I’m letting people know what I’m about and I’m prepared to use more of the bikes capabilities because I pushed it and pushed trying to escape, all leant over and on the brake with the throttle closed and she held solid something I though would have had me on my ear.

I know I just said safer and aggressively which seem like they don’t belong together, perhaps proactive is a better word. I’m still ****e at riding, I lack experience and my confidence can be low, but I like to think I’m prepared now to risk trouble (for myself not the kids in the crèche) to avoid danger.

(And not trouble like the e-stops and swerves we all do all the time to avoid ****, although I’m doing these less and less these days. Good sign. =] )

Anyway, enough rambling. Be quiet about the details on public forums, you never know whose cousins, brothers, aunts, sisters, fathers, mothers, daughters, friends roommate is reading.

Get well soon, get back on a bike, take it cheesy.
Dave

gline

sounded like you had a lucky escape too. you are right about the uturn didnt give me any time at all to react and no room to swerve.

Like i said above im not giving any details of my accident.. this type of accident happens everyday..but im not giving any tell tale details to mine.

I dont know if il get on a bike again, if i do it wont be to commute to work as irish city roads at peak traffic times are absolutly crazy.. i may just use a bike for long distance and a car for work commuting.

so the aadvice is talk to a solicitor ASAP????

echomadman

bummer man, was it on the bandit?
Ignore all the assholes saying you were going too fast/dissing you for looking for (deserved) compensation.
I seriously doubt that you'ld have gotten above the speed limit on a bandit 250 if you'ld just pulled away from a set of lights unless you were flogging it, and you'ld know/witnesses would have seen if you were doing that. (more likely heard it screaming).

I'm no believer in the compo culture thats prevalent in ireland, but the car driver was at fault here, in my opinion and you're clearly not pulling a "whiplash" scam.

gline

echomadman wrote:

I'm no believer in the compo culture thats prevalent in ireland, but the car driver was at fault here, in my opinion and you're clearly not pulling a "whiplash" scam.

your rite man, i dont like it either, the reason i will claim is because it really screwed me up (pain, cant work etc) and likely i will end up with future problems (arthritus,limp etc).

i dont agree witht the whole claim for a few scrateches or bruises ethic unless its screwed u up in some way.

Hotblack Desiato

saobh_ie wrote:

it’s a case of ‘oh f*** I’m gonna die’ BANG!!!

Sounds like what happened to me last week

The car didn't so much hit my bike as hit my leg, from the side, and I have a broken kneecap and 3 crushed/broken toes. Would have been a lot lot worse if my foot had been in a trainer instead of a strong bike boot. Spent 3 nights in hospital, had a minor operation and will be on crutches for at least 5 weeks...

As regards the OP, the other side may or may not try to claim that you were responsible or partially responsible for the accident. At the end of the day that's down to a judge's opinion in the light of the evidence (e.g. skidmarks, point of impact, etc.) Eyewitnesses notoriously overestimate the speed of motorcycles. Even if you are found partially to blame by the court, you will still get compensated. e.g. if you are found 10% liable then your insurance pays 10% of the damage to their car and their insurance pays 90% of the damage to your bike and to you.

gline

sorry to hear what happened to you ninja.another car doing a uturn in the middle of the road??

you said if the judge decides....? i was told by a solicitor only about 2% of cases actually get to court.

sure il see what happens

Snowball

gline - did this accident happen about 2-4 weeks ago in Sandyford ind est?

gline

Snowball wrote:

gline - did this accident happen about 2-4 weeks ago in Sandyford ind est?

nope, nowhere near there

Snowball

k, just cause 2 friends from work saw an accident that I though might have been yours