Some silly old bint knocked me off my R6 after she drove onto the wrong side of the road. Liability was admitted. I hurt my neck and fractured my ankle. Her insurer agreed to pay for some physiotherapy but then I forgot to go twice and they cancelled it.
I went mental when I found out. It wasn’t my fault that I needed it in the first place! The problem I have is her insurer has now made an offer £12,000. My solicitor says he can’t advise me fully yet as I haven’t got my medical evidence in order yet (he blamed me because I forgot to goto an MRI scan and a medical examination) but that I could be liable for some costs if I don’t get more than £12,000 at Court later on. It doesn’t seem like enough. I have told my solicitor that I will sue him.
Firstly, it’s not good you got hurt but liability was admitted and the other side agreed to pay for physiotherapy. This is entirely reasonable.
Why should they keep paying for something that you can’t be bothered to attend? You don’t get compensation for the fact you “could have been killed.” Your solicitor is correct and I don’t have much sympathy as you would have the medical evidence if you had managed to go to the appointments.
As for a way forward, you have choices but these have consequences. You could accept the offer but it may not be enough i.e. if you needed an operation etc. in the future.
Alternatively, you could get further medical evidence and settle later once you know what the score is. However, if the evidence doesn’t support an award more than the current offer, you may well be liable for your legal costs, your medical disbursements and the legal costs of the other side from the time you could have accepted the offer until settlement.
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Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.