Crystal Ball

Crystal Ball

Last summer I got an apprenticeship with a local carpentry firm and got myself an Aprilia RS4 125.

All was good – until I had a head-on crash with a drunk driver. He’d got hammered, fell asleep and drifted on to my side of the road. A superman impression followed with me landing in a ditch breaking my hip/pelvis and arm.

My surgeon said I was lucky when he took all the metalwork out of my hip/pelvis last month. I’m super keen to get this all done and dusted, but my solicitor has said I need to be careful as it’s still less than a year post accident and we don’t know what the future holds.

Is my solicitor just being cautious? Or trying to make more fees?

Answer

If you’re less than a year after sustaining serious poly-trauma that literally required you being screwed back together, I’d have advised you the same thing, because once you settle your claim you cannot come back for more compensation later (i.e. for future treatment costs such as an early hip replacement, etc).

It goes without saying that you got smashed, it’s your claim and you give the instructions. However, it’s worth settling your claim properly, rather than quickly.

If I were a betting man, your solicitor isn’t trying to crank his fees, but is acting in your best interests. Give yourself some time; take legal advice and then make an informed decision.

Andrew ‘Chef’ Prendergast

On2Wheels October 2019

Posted by Andrew Prendergast. Last modified: September 21, 2020 at 5:04 pm

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.
Disclaimer: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us to speak directly with one of our lawyers.

Comments

  1. I would have also suggested that perhaps an interim payment be sought for the damage that could be quantified such as the bike and any riding kit.

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About On 2 Wheels

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The O2W legal column is compiled by managing partner Andrew ‘Chef’ Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.

The firm deals with personal injury claims and its sister company, Motor Defence Solicitors, deals with motoring offences.

White Dalton lawyers have a vast knowledge of bike law - and they have full bike licences, too. They don’t act for insurance companies or the prosecution.

White Dalton is Britain’s premier specialist motorcycle law practice, and if its professionals don’t know the answer to your question, there probably isn’t one. Don’t rely on the advice from your insurance-appointed solicitor – get proper independent advice.

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