motorbike accident advice ;) ....... Updated

McKneff

And you will get telephone calls from claims management companies ringing you for the next 2 years or so asking to 'help you'. Just tell them you already have it sorted and put the phone down, they really just become a nuisance.

McKneff

Lol, I like that, 'Wild Granny'

:rotfl::rotfl::rotfl::rotfl:

It can be done by anyone to be honest, your at a standstill waiting to turn right, you are lookin up the road to your right, concentrating on looking for cars, but you miss the bike that is a lot closer and pull out and bang, it can happen easier than you think.

There was a big ad on the telly a few yeare ago which really sunk in and I wish they would put it back, it hit home, with a hand hitting the table.

THINK ONCE, THINK TWICE, THINK BIKE, and its always stuck with me.

im-lost

Well, 6 days on and the collision has been passed to the serious collisions unit, and they may be looking to prosecute the driver.

My employer has terminated my contract and will not be paying sick pay. Can they do this?

And this morning I received a letter from LV, the woman's insurer, more I've put in no claim yet, so they or the police must have informed them.

Any thoughts on this letter? To me it reads as though they are accepting liability and want want an east cheap fix.

smashingyour...

im-lost wrote: »

Well, 6 days on and the collision has been passed to the serious collisions unit, and they may be looking to prosecute the driver.

My employer has terminated my contract and will not be paying sick pay. Can they do this?

And this morning I received a letter from LV, the woman's insurer, more I've put in no claim yet, so they or the police must have informed them.

Any thoughts on this letter? To me it reads as though they are accepting liability and want want an east cheap fix.

Give them a call and ask them.

sgun

Yes, they want a quick fix. Do NOT respond to the letter, that will be up to your solicitor to do. The laughable part is where they will pay you what it was worth before the accident minus the value of any remains. Oh, and the bit that says that if they can't find a part they will just give you the money to repair it, leaving you to source the part that they couldn't find. Oh, the other laughable part is where you can keep the hire vehicle for 7 days after you are issued with a settlement as in their opinion that it plenty of time for you to find a replacement.

Actually it would all be pretty funny apart from you have a broken leg that might never heal properly, 3 months in a cast and lengthy physio after that at best, you have lost your job and have no bike.

They do seem to realise that they will have to pay out. DO NOT REPLY TO THIS LETTER. Find the right solicitor and you will get a good whack of compensation.

vaio

Actually I'd say that LV are doing exactly what an at fault insurer should do....pro-actively contacting non fault drivers with a view to getting the damage repaired and providing a replacement in the mean time.

I see no reason not to let them provide any assistance they offer but remember....

you aren't obliged to use their choice of repairer,

you can negotiate on value of write off (use the FOS method as a starting point)

and I'd certainly not be agreeing any personal injury settlement without my own independent legal advice.

if you are skint due to injury & job loss then they should give you an interim payment to keep you going.

As they have accepted liability it makes sense that they pay loss of earnings now even if the injury compensation takes longer to quantify

oldtoolie

I would be looking for a solicitor with experience in personal injury cases. Someone who is a member of this scheme:
Association of Personal Injury Lawyers https://www.apil.org.uk
and/or this one
Law Society Personal Injury Accreditation Scheme
http://www.lawsocietyapproved.com/personal_injury.aspx

dacouch

sgun wrote: »

Yes, they want a quick fix. Do NOT respond to the letter, that will be up to your solicitor to do. The laughable part is where they will pay you what it was worth before the accident minus the value of any remains. Oh, and the bit that says that if they can't find a part they will just give you the money to repair it, leaving you to source the part that they couldn't find. Oh, the other laughable part is where you can keep the hire vehicle for 7 days after you are issued with a settlement as in their opinion that it plenty of time for you to find a replacement.

Actually it would all be pretty funny apart from you have a broken leg that might never heal properly, 3 months in a cast and lengthy physio after that at best, you have lost your job and have no bike.

They do seem to realise that they will have to pay out. DO NOT REPLY TO THIS LETTER. Find the right solicitor and you will get a good whack of compensation.

If the OP follows your advice and sources a solicitor they will either arrange a credit repair or write the vehicle off. If they write the vehicle off they will go to LV for the write off cheque anyway.

The OP has no contact with LV as he would with his own Insurer i he were comprehensive. LV are under no obligation to deal with the salvage but are offering to handle the disposal and payment of the salvage.

Being allowed to keep a hire vehicle for seven days after receiving a write off payment is the industry standard.

Seeking a good solicitor is good advice, ignoring the letter is not good advice. The OP will get a quicker settlement of his claim for the bike if he goes via LV than waiting for solicitor to sort out the bike part of the claim

Crazy_Jamie

You have already been given advice as to responding to the letter. There is no harm in dealing with LV in relation to getting your bike repaired or replaced. As dacouch said, it will likely to lead to a quicker and easier resolution. You should look to instruct a solicitor for the personal injury element of your claim though.

im-lost wrote: »

My employer has terminated my contract and will not be paying sick pay. Can they do this?

This is not the sort of question that is generally fielded in this forum, but if you provide some more details I may be able to give you answer. How long have you worked for this employer? Do you have a contract of employment with the employer, or are you self employed? What reason has the employer given for terminating your contract? Providing you are an employee with more than two years service, you can be dismissed on capability grounds. However, there are a number of hurdles to jump through before an employer can do this legitimately, and it is overwhelmingly likely that this close to the accident your employer has failed to jump through those hurdles. In which case you may have been unfairly dismissed. But if you can answer those questions I can give you a better idea of your position.

im-lost

So thought update this and ask for further advice....

16 weeks on and I'm still in a cast, being moved in to a boot on Wednesday, and starting physio shortly after, so I guess things are progressing, albeit extremely slowly..

Looks like I won't be in a position to look for work / enter in to my usual line of employment until in to the new year, by which time the seasonal jobs would have all but vanished, which is a bit of a blow. I'm actually dreading the prospect of being unemployed still and looking for work for the immediate future.

LV are being extremely slow at admitting liability, the swines, although my bike was inspected a couple of weeks ago, 3 months after the accident, and have got back to my solicitors, who may I ad are great, and need very little input from myself, and are trying to come to a settlement over my bike and clothing.

Apparently my bike was a write off previously, completely unknown to me, I paid a fair price, stated the price when getting insurance for the thing, but LV has put a value of half of what it would cost to replace for for a similar bike, I've contacted my solicitors back setting out my reasons why the value should be increased, namely the cost to replace, the unknown previous status etc etc.

How likely is it that the value will be recalculated? To a fair amount, or do the insurers go in with a low offer initially.

Why would LV be taking so long to admit liability? To me it would seem pretty straightforward, but then I know nothing.