Highways England forms arrived today .... all 8 pages completed and ready to be returned along with photos of damage to bike, my kit, me and the potholes as well as estimates from bike shop for replacement kit. They ask how much you want to claim so i worked out the value for kit and excess etc but how do you put a value on injuries and the possibility of fatality ??
The last 2 lines of the post was an open question more for debate or previous experience .... there is a box on the claim form that says "how much are you claiming" which i assume is simple for an alloy and a tyre i claimed for my kit and my excess and added "plus injuries" how do you quantify the possible outcomes of an accident .... i spoke to a witness i managed to trace tonight who said he was just happy he managed to brake hard enough in the conditions to avoid running over me by a few feet.... after i had finished bouncing and sliding along the fast lane and barriers i ended up about 3-4 feet away from the opposing carriageway travelling at 70-80 mph in the opposite direction...... having experienced it i hope you are never in the same position And yes, i did bang my noggin .... a few times judging by the damage to my Arai, thanks for the concern/sarcasm
Unfortunately, you can’t claim, in a situation like this, for what might have happened. You can only claim for what did happen ie damage to your bike & kit. If you were off work due to PI then you can claim for loss of earnings, provided there actually was a loss. But you can’t claim for the fact you might have been run over and then your loss of earnings would have been the next X years at Y £.
I am aware of that as i said above, it was more of an open question about quantifying possible outcomes and injuries ...how do you claim for bruising....tendon damage....muscle injuries..... broken bones..what is the acceptable figure for each one as the claim form leaves it open for each claimant to provide a figure ?? i was off work for 10 days then got bored at home and am back in but still not right and i could have been off longer but i get paid even when injured due to the nature of the job and have a low boredom threshold and know even office bound i have stuff to get on with . I can drive my winter heap car but wouldnt ride yet as movement in my ankle and shoulder is still restricted Hence my submitted claim is what i can evidence and quantify with receipts for kit and excess
You’ll have to get a medical opinion. That’s what I had to do many years ago. There is a value to be placed on soft tissue injuries and broken bones plus on possible future issues arising from the accident. If you have a drs opinion, in writing, as to the extent of your personal injuries you can, relatively easily, do a Google search on what others got with similar ailments. Best regards, Paul
Great news and glad you seem satisfied. Now go and get a RED ONE as per Ducbird's advice (direction!!)
Can you speak to a solicitor? They may be able to give you a reasonable figure. I know things have changed recently, but whiplash claims for less than 2k were generally paid out with no questions. I know that’s a real issue in this country, but the OP has had genuine injuries and if he feels it appropriate, he should be recompensed.
Whiplash claims are no longer the cash cow that they used to be due every man and his dog making spurious claims. And rightly so.
Make sure it's another ducati, if you get a different bike, they will have a working back brake and it will confuse the hell out of you Glad to see it's going quite quickly chap
Admittedly going back quite a few years now, but I claimed off my local authority after my Laverda clipped the edge of a reinstated trench which had sunk, which caused the bike to go into a tank slapper and ended up spitting me off. It took 5 years before it was settled. Glad your still around and able to talk about it Bigyin.
I have made an enquiry with a local solicitor i know so will see what he thinks when i see him next week ..... in the mean time i have managed to get some more photos and completed all the other paperwork and also waiting for the money from the Insurance to get the sorted
If you can do it safely, get some pictures with a tape measure otherwise they could say that picture has been blown up and is only 3 inches long.
Not a hope in hell as everything is moving at about 70 mph or more there No need anyway as you will see the broken white lines nearby which provide a perfect scale for comparison as they are a standard size
on seeing the pictures i feel you're being a little melodramatic, that looks to be a thorough and lasting repair by local standards
Really? Go and have another look at the original post. If the dent on the front wheel was indeed caused by the ‘pothole’ id hardly call him melodramatic. Unless I’ve missed a bit of sarcasm.
I would ask for video evidence under the General Data Protection Regulation. If they say they can't due to it infringing other road users' rights to privacy, then get them to blur out all other vehicle identifiers in the videos. They should have this technology available, otherwise they aren't ready for the GDPR. They have 1 month from acknowledging your request.
