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View Full Version : Accident - Car did not check mirrors while being overtaken - Any good solicitors?



Torque
24-04-14, 06:21 PM
Hey, last Friday I've had a motorcycle accident.

On the long straight (dotted single line) I was overtaking 3 cars, while I've already overtook the first car the middle one (The Silver Mercedes AMG) started to overtake the first car (he changed the lane very quick and without the indicator).
I've had just 3-4 metres to brake (if not less), but it was not enough I've hit him in rear right and driver's rear side (side is confirmed by a police report).
I've lost conscious and woke up in the ambulance. I was only told by the paramedic that I will have Police in the hospital soon (I was happy, so I could explain anything), unfortunately there was no police at the hospital.

I've gave a ring to my insurance company, but they did not want to help, because I've got the 3rd party and theft only.
They advised I should contact Police to get the registration number of the other driver involved and they would give me the details of his insurance company, so I can give them a ring.
I've called Police few times, but because officer was not on duty I could not get any details earlier than today. I've also received a letter from Police with details of 3rd party and his insurance. Also there is a note about his car: -damage to rear side's driver quarter (which would confirm my weak memories from the scene about hitting side).
Except the pure details there are no information about driver's faults or what happened.

It looks that things are getting more complicated and time is passing by. It's not easy to win that case being foreigner with lack of knowledge into road, accident law and missing lots of lawyer specific words.

I would like to make a claim for my loss:
- motorcycle,
- motorcycle clothes/gear,
- body injuries recompense, I've minor injuries, but my arm will need at least few months to fully recover (it was not broken, but doc said it never will be perfect) and wounds about couple of weeks to cure,
- recompense for some medical expenses (currently only dressings, but soon antibiotics) and transportation costs to/from the hospital,

a) You reckon I should search for the local or non-local solicitor or speak to the car driver insurance company on my own?

b) Are they any great solicitors/lawyers companies on the market or in our area that deals mainly with bikers?

All the best and lookout for driver's like this on road.

BTW. I am from Trowbridge

QB1
24-04-14, 07:12 PM
Never used them but this is a well known firm who specialise in bike claims - http://www.whitedalton.co.uk

WR6133
24-04-14, 07:21 PM
I'd speak to his insurer first. If he admits fault then you should get your bike and gear paid for fairly quickly. With injuries they will try and bung you money there and then to avoid solicitors and courts, up to you if you haggle with them there and then or take it further. If there is serious injury you are claiming for those type of claims can take a long time to settle.

Careful how you speak to his insurer to they record everything and will hope you say something that makes you partly to blame so they can bitch out of paying out properly.

If he hasn't admitted fault then prepare for a battle. Would help you if you had independent witnesses... maybe the coppers spoke to some and have their details while you were having a kip on the tarmac?

Wes
24-04-14, 08:12 PM
I would go for speaking to a solicitor first, like the one mentioned by QB1, or if there are any decent no win no fee ones around, avoid speaking to his insurers yourself, they need to be contacted by a professional as you may inadvertently drop yourself in it, as they may try and argue that somehow you were to blame as well, ****e i know, but there job is to pay out as little as possible.
Also if the Police were involved, then there must be a report, and this is worth getting hold of a copy.
Cheers wes

shiftyblake
24-04-14, 09:22 PM
Good luck and I wish you well and all the best, and hope all works out well for you. He should have looked!
I have been in that type of over taking queue like you many many times and would have been too scared to attempt it 3 cars in one! I assume that might not look, after sitting next to my dad !

pilninggas
24-04-14, 10:24 PM
Do you have union membership? or free legal advice on your home insurance or bank account or vehicle recovery? Worth checking, as the no-win no-fee mob can sometimes put their own profits ahead of giving you honest advice. Also worth contacting the law society if you do not have cover, as they may know of a solicitor who will give you some free, no obligation, no bias advice.

I would avoid speaking to the other parties insurer until you have got some general advice, in fact I would only communicate in writing (tell them this), and if you must phone record the conversation [but don't tell them you are doing this].

WR6133
25-04-14, 07:08 AM
if you must phone record the conversation [but don't tell them you are doing this].

If you record the conversation you have to say to the other person at the start. If you don't then it is not usable as evidence so beyond your own records it becomes useless.

I'd just phone their insurer too (once you have read the crash reports). Simply to find out where things lie, the other guy may have admitted fault and all getting a solicitor to make that initial call is going to do is get you a solicitors bill for them making a phonecall. Doing it all in writing will just slow things down too, if you record it all you have a record there anyway. If they start trying to split blame or blame you then that is the time to say "You'll be hearing from my solicitor" and hanging up but you should see how the land lies before handing over money to the legal parasites as it may not be needed.

The medical/injury stuff is a separate claim, for that if you aren't after a quick £ bung and want to drag it through the courts then you do need legal representation. However it's a totally separate claim to the bike so I'd just refuse to discuss it with their insurer until the bike is sorted, tell them you are awaiting legal and medical advice.

Most solicitors will give you 1 hour of free advice and there is nothing to stop you going from one to another getting multiple free hours

njl
25-04-14, 02:53 PM
Hi Torque. Sorry to hear of the crash. I had a collision when on tpft. My insurers referred me to a solicitor, which was new law in Cardiff. They recieve a payment from new law for the referral and I think a percentage of settlement value perhaps, which initially surprised me, but such is life I guess.
Initially I had to retrieve bike from recovery yard, as it was easter it was almost disposed of (7 days). A valuer came out and viewed the bike some time after and was then free to dispose of as required as I agreed to take the price to keep.

Police emailed third party details to me and interviewed the driver some time later.

njl
25-04-14, 03:06 PM
They advised they would put forward for careless driving against the third party. Fortunately I had two witness details and police and ambulance attended scene.

Via solicitors I had to be assessed by Doc at private hospital, and had 2 further appointments arranged for the same consult.

I also had 7 sessions of physio privately, but when NHS physio found out they pulled any provision at hospital away.

I only found out after the court date that the third party had so could not attend, and cps requested extension to prepare case but judge dismissed case all together feeling they had plenty of opportunity 6 months. That did annoy me.

Medical reports from doc took time as they needed all info from NHS with imaging and operation details.

After the first 12 months my case was upgraded to new handler at new law and things moved as bit faster. They negotiated with 3rd party's insurers and got a settlement without going to court. Being experts in there field they did put in things such as career affects from injury etc.

Overall I was happy but was a long waiting game, prior to personal experience I was regarding injury solicitoirs very lowly, but in truth they helped mer cvonsiderably.