got punted by a landrover freelander

[GingerWizard86]

hi ladies and gents, fraid to say i got in a tangle with a landrover on the 31st of march i write this from my hospital bed in the RUH 11 days after it occured, heres how it happened

was on the a367 at the top of bear flats in bath, i started to safely over take the slow moving traffic on the road just before hitting the section pf of dual carriageway. I was not speeding

Suddenly drom the left a landrover freelander pulled out of shakespere avenue from my left and punted me good and proper, sent me flying 10 meters, saw the bike pirouette across the road whiles upside down in the air then i landed.

Emergency crews were awesome got me to hospital as best they could. I sustained a few good injuries which have left me out of action. The impact from the freelander shattered my left femur into 7 pieces, snapped all the ligaments in my left knee and upon hitting the floor, fractured my left elbow.

I now have a lovely metal rod holding my thigh together, I will publish the xrays when i have them (probably)

The police has ruled the incident 50/50 as i should i have not been there, but i was overtaking safely and legally in my eyes and would not say it was 50/50 at all, she turned into my right of way and didnt look at all.

I may be able to go home soon but wont be mobile and will need to eat sleep and **** in the same room for a while

now the questions,

will the polices verdict of the incident effect any insurance claim / personal injury claim i may have??

im not sure how this all works

any advice appreciated

[Honda_Star]

Hi there

Sorry to hear about your accident - hope you recover quickly.

As for your question - please pm me and I will see if I can help (im a solicitor)

[Demonbaker]

Sorry to hear about your accident and hope you recover soon. I can recommend this guy, he is an ex police motorcycle trainer and accident investigator.

Tony.Carter@mwsolicitors.co.uk.

Google, Mcmillan Solicitors.

[Mitch9128]

White Dalton, you need a solicitor on side who knows the law, especially regarding to bikers and filtering etc. If you haven't heard of them, they have a column in Fast Bikes and are all bikers, and solicitors not the usual idiots appointed by your insurance. Tell them Mitch from Chippenham sent you (Rhiannon is dealing with me presently, regarding my off), the filth are talking b*ll&cks, this thread may help also,

http://www.therevcounter.com/general...-my-claim.html

[Last Train]

Kin ell GW,

Mend well and good luck with your claim.

[off_again]

Yeah, as already said - get a specialist solicitor on the case. Not only do they know the situation, they have the experience too! A good solicitor is worth their weight in gold!

[pilninggas]

GWS

[Jacde]

ouch! gws

[Squashed_Fly]

I'm not a lawyer, but I do remember the police saying at Bikesafe, that if you overtake past a junction, then the liability is 100% yours as the overtake is unsafe. The driver may never have been able to see you as you would have been coming past the the traffic obscuring his view.

If they are offering a 50/50, in those circumstances, I would probably bite their hand off. I may have misunderstood your description though, in which case if I've got it wrong I apologise in advance!

In this diagram you would have overtaken the purple car, and the driver pulling out wouldn't have seen you...

[Ducatista]

Sorry to hear about your accident and GWS

will the polices verdict of the incident effect any insurance claim / personal injury claim i may have??

Maybe, maybe not.
The police are only interested in criminal offences. In addition they will only make a prosecution where there is evidence "beyond reasonable doubt" as the bar is set high to convict.
The police are not the slightest bit interested in the civil liabilities and settling the costs is a civil matter.

So if someone is prosectued that will help greatly for the insurer to decide liability for the costs.
If there is no criminal offence I'm afraid the police will not be interested and their report may not contain much of value.
The police do not deliver "verdicts" on civil liability. They only decide whether they want to prosecute anyone for a criminal conviction.