£142,500 compensation for motorcycle rider
IMD Solicitors obtains £142,500 for a client injured in a motorcycle accident
Our client a father of a large family in his early 60’s was riding his motorbike to work early in the morning. The road was dry and it was sunny and he was travelling within a permitted speed which was 40 mph. He knew the road very well as he travelled it twice a day every week Monday to Friday for the past 5 years.
At some point during the journey he noticed a blue Ford Fiesta which was ahead of him. He followed the vehicle for some time but it was travelling at a low speed approximately 25mph in 40mph zone.
After following it for a while our client decided to overtake. He checked the road ahead and road behind and assured himself it was safe to do so. He then proceeded to speed up, indicate and move his motorbike into the right hand lane to initiate an overtaking manoeuvre.
As his front wheel of the motorbike was near the rear door of the blue Fiesta the car suddenly and without warning turned right and into the path of our client. It happened in a split second and our client had no realistic chance to stop or avoid the collision. He therefore collided with the right hand side front door of Fiesta and the force of impact has thrown him over the vehicle and several metres beyond.
He landed on the tarmac and lost consciousness almost immediately. He woke up in the hospital couple of hour later.
As is often the case with accidents between motorbikes and cars our client suffered severe injuries. These included multiple fractures of the arms, wrists and elbows, shoulders, ribs and bruising all over his head and body. he further suffered internal injuries to his liver and spleen.
Client spent 4 weeks in hospital including 1 week at intensive care before being discharged home.
He then underwent a lengthy rehabilitation, and upon completion of the treatment, he was able to return to work on a part-time basis only.
Client is blamed for the accident
Six months after the accident our client received a letter from the insurer of the blue Fiesta advising that he was to blame for the accident because:
- He was driving too fast
- He did not indicate when starting an overtaking manoeuver
- The driver of blue fiesta was indicating his intention to turn right for some time and our client supposedly ignored it
- Police has already blamed him for the accident because he was referred to the Speed Awareness Course
The Defendant insurer threatened that the client will have to pay compensation in excess of £50,000.00 and invited him to admit liability. At this point client was unemployed still suffering from severe disability and had no means to pay. He tried to convince the other side that he was not to blame but as is often the case he was ignored and was told to find a lawyer or pay the compensation to the other driver.
Our client did not believe the accident was his fault so he asked us for help.
At IMD Solicitors we specialise in complex personal injury claims like the one described above. We often find that the insurance companies use all legal means in their disposal to intimidate blameless clients into admitting they were to blame for the accident.
After speaking to the client, to his great relief, we agreed to represent him on a No Win No Fee Basis”.
We firstly wrote a formal letter to the insurer of the other side stating our client’s version of events and advising that we represent him now. We further stated that the driver of the blue Fiesta was to blame for the accident as he failed to pay attention when turning right and into our client’s path.
This was intended to show that our client will dispute their version of events.
We then obtained a police report showing that the police did not blame our client for the accident as the other side suggested.
Despite what the other side has written to our client Police could not establish with sufficient clarity as to who was to blame for the accident so they sent both drivers to the Speed Awareness Course without apportioning blame.
The police report indicated that there was a witness to the accident but unfortunately Police has lost the interview tape and the details of the witness were recorded incorrectly. We instructed a private investigator who after a lengthy search was able to find the witness.
The witness was extremely helpful and he advised that he was also riding a motorbike on that day and was following our client about 50 metres behind and saw what happened.
He advised that our client was travelling within the speed limit and he confirmed that the blue Fiesta did not indicate when turning suddenly right and into the path of our client.
We further instructed an investigator who upon visiting the location of the accident and examining damage to both vehicles was able to establish that our client was travelling under the speed limit at the time of collision.
Despite this strong evidence the Solicitors representing the other side decided to proceed to Trial.
Negotiations and settlement
The case was listed for a Trial but we were confident of securing a win for the client as we collated very strong evidence on his behalf.
With this in view we entered into final negotiations with the other side in order to secure the best compensation for the client.
The other side has made an offer to the client in the sum of £100,000.00 which we thought was low so we advised him to reject it and proceed with negotiations.
During the settlement meeting which lasted a whole day our lawyers were able to negotiate secure maximum compensation for the client in the sum of £142,500.00. We were also able to secure additional funds for our client for the future loss of wages, surgery and rehabilitation.
Our specialist team of Solicitors has significant experience representing clients injured in motorbike accidents and we are negotiating the highest compensation. We are prepared to undertake all the necessary investigations to ensure that you are successful in your case.
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This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.