got punted by a landrover freelander

GWS mate...it ain't gonna be a quick fix G.W. considering the extent of injury which is something you are going to have to come to terms with.

Question ...How did you know about the tyres on the landi ?
Why isn't plod interested in this ?..have I missed somat ? Pulls out on you when you have right of way..defective tyres....caused serious injuries ...

.. is this our well known and beloved plod that crawl about in unmarked cars and bleat on about road safety, drink drive, shut roads for hours on end 'investigating' accidents, etc etc.

Mind you 'Law' is bollox and basically 'pot-luck' so you probably won't get much...say yer 'phone was hacked and get PPI repayment should yield more lucrative cash amount ;D ;D

Keep yer chin up GW ;)

Long time since I have logged on.

Still on the mend 4 months later.

Pretty darned bored of daytime TV now....

know all the tunes for the adverts and consider myself an expert in antiques and house auctions....

Just found out I need a bone graft to help fix my femur that is still very buggered hahaha.

Good news is that the ligaments that have been repaired so far are good.

Absolutely gutted I lost out on my planned summer trip round Europe. Would have been leaving tonight for 3 weeks :'(

Glad to hear you're on the mend :)
Do yourself a favour and get rid of the tele 8-)

Hey mate, long time no hear. Sounds like it's going to be a long (painful) process. I hope life doesn't get you down. If it's any consolation, I still fall down the stairs some mornings, when my foot that I broke 8 years ago, decides to give up. Godamn high-side at Pembrey. And you didn't have to endure Camarthen Hospital. What a sh*thole... ::)

I wish you a speedy recovery.
Try the radio instead of the TV it's far more interesting in the daytime.

My fiance was pulling out of a junction where an off duty paramedic was speeding, over taking a lorry on a blind bend where the junction was. My fiance didnt see and obviously wouldnt due to the bend and the fact this person was on her side of the road! Police called it 50/50 which it clearly wasnt. I personally think it was because this person was a paramedic!

Anyway my fiance got 100% of her claim, the court and solicitor found that this paramedic had failed to adhere to the highway code (it didnt matter what the police said the evidence spoke for itself).

So answer to your question. It might but might not affect your claim.

We had to fight to win but it was a massive victory as this paramedic was not 90% at fault but 100%.

Also this person is still driving the roads! She even lyed to the police but got away with it amazing!

Just a quick update and can appreciate that I have not been on for a while.

The good news is that some witnesses of my incident make good detailed report that the driver that I had a conflict with completely neglected to look right before pulling out of the junction and place me at about 10 mph (YAY)

This should help immensely with the legal battle.

I am starting to get up and about a bit more now, though I still have a gaping hole in my femur that they need to sort out. I'm proud that I actually manage to put the wheelie bin out by myself yesterday without having to rely on anyone, though was a little tricky whilst handling a crutch.

Had a chat with a great surgeon in Bristol about my options, of which there are a few. Great chap, though I forget his name, also a biker.

The options I have are:

1) leave it and see what happens

2) take the metalwork out of my leg and replace with bigger stuff that will hopefully push bone matter down inside the bone to the area of the gap, promoting new bone growth

3) take some bone marrow and blood, spin it through some special machines to make a super bone growth cocktail and inject that into the gap with a camera. I'm guessing that this is some sort of stem cell bone repair method.

Number 3 certainly sounds the best option as it's the least invasive without just leaving it. Does anyone know anything about this method and it's success rate??

Finally settled on a new machine once I can mount up again.

Reckon I'll get a street triple :D !!

Gutted I missed the Ace reunion and Brighton burn up this weekend but hey ho there's always next year!!! Anyone on it ??

good news your on the mend, as for option 3 i'm sure your find lots of info on the net, but being the internet take it with a 'pinch of salt' as sometimes you can never tell how accurate the info is.

Glad to hear your getting better buddy (however slow it may be). Regarding the bone marrow thing - I know bone marrow transplants are rather painful! :-/ not from personal experience but watching medical programs for year’s lol. How that pain weighs up against the pain you’ve been through already I don’t know - the surgeon should be able to give you a good indication!

GWS x

Hi GW, good to hear you are improving.

I don't know if it is the same thing or not but... when I had my spinal surgery a few years back, they took a bone graft from my pelvis, mashed it up with something and stuck it inside a titanium cage and inserted that into my spine in the hope that the bone would grow out through the cage and fuse the vertebrae.

Sadly for me it didnt grow quite enough, but I have heard from others that it has been very successful. I would certainly say give it a go, although I'm no expert and don't know your circumstances.

Ps, If it's bone marrow they are taking I'm not sure how painful that is, but bone grafting can hurt a lot - my donor site for my bone graft is still giving me problems 13 years later :'(

Good luck with whichever path you choose, and keep us updated. GWS :-*

Good to hear you are making progress and good luck with whatever option you go for :-*

BB

Quote:

---

Originally Posted by cerruti

Hi GW, good to hear you are improving.

I don't know if it is the same thing or not but... when I had my spinal surgery a few years back, they took a bone graft from my pelvis, mashed it up with something and stuck it inside a titanium cage and inserted that into my spine in the hope that the bone would grow out through the cage and fuse the vertebrae.

Sadly for me it didnt grow quite enough, but I have heard from others that it has been very successful. I would certainly say give it a go, although I'm no expert and don't know your circumstances.

Ps, If it's bone marrow they are taking I'm not sure how painful that is, but bone grafting can hurt a lot - my donor site for my bone graft is still giving me problems 13 years later :'(

Good luck with whichever path you choose, and keep us updated. GWS :-*

---

Thanks Cerruti,

They were considering using a section of bone from my pelvis to plug the gap as it's the only bone to encourage others to grow.

I know bone marrow transplants are very painful, but I am guessing it won't be as bad as what I have already been through. after all, there won't be any bone marrow left in my left leg already as a bar and nails will have already replaced it which is why I understand that the bone marrow will come from my right leg.

I'm really hoping they just get on with it now so I can mend as soon as possible, though I can fully understand why these things take time and I really appreciate all the hard work the NHS has put in to get me this far.

This will need to be done before they consider repairing the remaining ligaments in my knee. They have done 2 already but they mentioned that the other 2 can be done further on down the line once me bones are sorted.

I hope it keeps getting better, and you don't have to go through too much more. Keep us posted mate... [smiley=thumbsup.gif]

Glad to hear you are on the mend matey.
Little victories are the way forward, push a bin is a task that can require a fair amount of effort without you normally thinking about it.
Hoping to see you back on a bike sooner rather than later.

Little victories is a good way to describe it.
[smiley=thumbsup.gif]

BB

Mate, hope it gets sorted soon, we need to go carp fishing after all and the season is nearly upon us.

Quote:

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Originally Posted by DaytonaDog

Mate, hope it gets sorted soon, we need to go carp fishing after all and the season is nearly upon us.

---

may have to join you sometime!

One for the trips and meets board I guess haha, though could be difficult to carry kit on a bike.

Just finished dismantling Harriett my beloved hornet.

God how truly awful do I feel right now....

It has bought back so many (mixed) emotions.

:'( :) ;) :D ;D >:( :( :o 8-) :-? ::) :P :-[ :-X :-/ :-* :'(

Take it easy buddy :) Don'y go overdoing things

Just a quick update on my situation.

So not such good news this week,

such is the extent of damage to my femur, I will be in and out of surgery for the upcoming 12 months - there goes the Isle of Man this year.

They need to shorten my left leg by about 4 cm and replace the hardware in my leg for heavier duty stuff.

They will shorten it because it needs two flat surfaces rather than the mess that's there at the moment. Will be looking at Feb for the first part.

The second part, once it has healed and I am dizzy from walking round in circles due to 1 leg being shorter than the other, will be to surgically break it again and add a lengthening device that will stretch my leg by 1mm a day. It will do so by having magnetic screws in the device and using a magnetic device once a day to turn the screws, so no soft tissue damage every day.... (silver linings and all that)

Once healed, they will then turn their attention back to my knee.

Out of action for 9 months now and it's going to be at least another 9, depending on how fast the NHS decide to take.

My solicitor is just about to issue court proceedings as myself as the claimant. I still feel completely not at fault but have been told it will more than likely come off as 50 / 50, insurance companies are happy to take your hard earned wonga, but don't like to pay out. Not that I am claiming on mine, I will still take a hit in any future cover I will have.

All this and I start to worry about losing my employment for it being an "operational inconvenience" which will put an end to my health insurance.

Not the week and visit to the surgeons that I expected (or was hoping for)

Sorry to hear that Ginger.

I wish you well and hope it all works out in the end.

Oh mate that all sounds pretty savage! :(

Can’t believe how much damage has been done at a relatively low speed. You would have suffered less if you just led under her wheels and let he drive back and forth over you. :-/

The amount of damage to you would result in a huge payout on paper if not a fault so think you may have a big fight on your hands there :'( So annoying. Makes you wonder why we all pay ludicrous insurance premiums to then have to fight so hard to make genuine claims and wait what seems an eternity for any payout. >:(

Don’t lose hope!

Ginge I hope this gets sorted mate and you do get the compensation you deserve.

I hate insurers that wont pay out for a case like yours but are more than willing to pay out cash for a 5 mph knock in a car that hasn't resulted in whiplash.

phew!!! at least on the bright side they ain't gonna shorten yer weener :D

What was the plod action over the tyres on the landi ? This is somat to concentrate on as basically if below minimum tread the vehicle was not legal and therefore should not have been on the road ;)

Hope that everything goes well and they fix ya up and you get some compo payment GW :)

Cheers for the well wishes guys.

Tell me about it Crosser.

Indeed Col, that would be dire and it oddly does help.

My solicitor still feels that it will likely be 50/50 and I understand that he does not want to build my hopes up. I am seriously hoping what with the evidence that the car was not roadworthy and other road users have noted that she did not look right when pulling out and the fact she gout out the car holding 2 small lapdogs, which does kind of cement driving without due care and attention, but as we know unfortunately courts do not look favourably on motorcyclists and I know that the other side will play the "excessive use of speed" card despite witnesses putting me at < 10mph. She did break her arm when the airbag went off which also does suggest she did not have bot hands on the wheel. I live in hope that she was on the phone / waving to someone and when the airbag deployed, it made her give herself a good old slap in the face which broke her arm....

I have no idea if any action was taken against the driver for the un-roadworthyness of the vehicle. I really would like to know if at the very least points were issued as this would help my claim. Does anyone know how / if I can find out??. From what I understand though, no legal action was taken by law enforcement. In fact I do not feel that it was handled very well at all by the police. I must say at this point that it is not a blanket "all police are terrible" as I know there are a lot of good guys out there and that do their job to the best of their ability.

I agree, the vehicle should not have been on the road, but I am not a legal expert and the officer overseeing said to me that it would have no bearing on the incident anyhow.... I just can't get my head round this as it should not have even been there in the first place :-/ can anyone let me know how I should handle that. I do have pictures of the vehicle post crash and have provided them to my solicitor. There was less than 1mm tread left on front left and the front right was also well under legal limits.

Needless to say, it has been a very poor year for me and I will not be back together until at least this coming September, a year and a half.... crumbs..... I'm hoping my solicitor fights the good fight and can get me some good recompense, though I really fear it will be a pitiful amount compared with the pain, discomfort and inconvenience of it all, to be honest no money would make up for having to spend a year and a half incapacitated.

I was hoping it would be an easier fix than it has turned out to be and that I could go to the Isle of Man this year (had booked it) as a consolation for missing my planned and sort of paid for Europe tour.

Oh well always next year.... (hopefully) [s]thats what I said last year[/s] :(

Couple of questions?

Which way was the freelander going? Turning left, same way as you, or crossing the slow traffic to turn right into Bath?

Was she waved out by the driver in the slow line you were passing?
If she was - What was that vehicle?

Hi Del,

She was turning right to go into Bath.

I have no idea if she was waved out but I suspect it. That is something I guess I will never know.

The vehicle at the front was a small car (VW polo from memory) The driver of the polo has made a good statement that they failed to look right while pulling out and has not mentioned waving her out.

Personally I would suspect the driver of the car you were about to pass waved them out and quite naturally the driver being waved out, thinking its now safe from the right only looked left for a gap in the traffic.

The driver of the car will not admit to waving her out for fear of being blammed. Did the statement from the Freelander say she was waved out?

This is probably quite a common type of accident - I bet London see's a few of these a day. Because there has been similar accidents in the past they have already been fought thru the courts. So lawyers will look back on old similar cases where judges have already made decisions.
Hence the lawyers will not be in a hurry to go to court.

Are you using someone like "White Dalton" who are bike sympathetic?

My solicitor is a guy called Andrew Clarke from Fletchers Solicitors appointed by my insurers (MCE) so I have faith that he will fight the good fight. I have not claimed on my insurance as I feel I was not to blame. He has been dealing with motorcycle claims for 25 years and he has mentioned that it will likely go 50/50 from past experience, though what with the failure to look right and the vehicle being un-roadworthy, I would have at lest thought it would be a pretty strong case for negligence on their side and thus I would be coming off better in the case.

What I would really like to know is did the driver have any points due to the bald tyres as I am sure this would strengthen my case.

The other parties solicitors have not replied since their first response 6 months back to say their client is at no fault at all and that "We believe your client (me) was the author of his own misfortune and invite him to discontinue his claim" which really got my back up somewhat.

Hi all.

Been a while since I was on.

I have some great news in the fact my case went all the way to court last week and the judge decided on a 66 / 33 split in my favour. There were criticisms of both parties understandably but it did confirm I was right to fight it as I felt I was not at majority fault.

The way the courts are starting to view these kinds of incidents is changing.

My team were relying on a precident set in december 2013 by jones vs lawton where the motorcyclist was overtaking 2 lanes of traffic at 60mph. The case was decidrd 66/33 in the favour of the motorcyclist as it was not unreasonable to expect a filtering motorcyclist and more care should ve taken to look for vunerable road user groups.

My case solidified this ruling and the cases will be relied up on tandem for future cases. So happy were my team with tge results, they are going to publish the courts finding for my case.

now thats all sorted all I need to do is get myself fixed. In for more surgery in august to stretch my femur back to its normal length and more surgery before the year is out.

Its been a long 2 and a bit years but I gave come a long way. Got a way to go but will get there. Starting to think about getting back on the steel horse

Good to hear the positive news for you and now for everyone else in your position.

Also glad you are on the mend and hopefully it wont be much longer before you are on two wheels again.

Get well soon, the only close call I ever had in the UK was filtering. A car I was filtering up past had flashed to let a car across the front of it from a turning on his left onto the opposite carriageway. That was 100% my fault as I should have been wary of side junctions.

Good to hear about the decision and yes, get back out on the steel horse as soon as you can :cool:

I'm considering a street triple R :)

Fun with a capital F!:cool:

FYI ... my solicitor advised me to settle on a 50:50 basic ... when a car went thro a red light and hit mine. I did not accept this and said I'd be prepared for a JUDGE to make the ruling ... so off to court we go.... Shortly after I made this decision the other party accepted 100% responsibility .... consequently no loss of no claims bonus ! Knock for knock works for the insurance industry, not for you !!!!