[j_f_UK]

I was in an accident on my motorbike back in late February (coming up on 9 weeks). I was travelling on a main road at about 20-25mph (rush hour, 30 mph limit) when a car pulled out from a side road into my path. As I did not want to end up under/over her car, I attempted an emergency stop, but came off my bike in the process. The driver stopped, apologised, accepted liability at the scene, and we exchanged insurance info. After I got home from the hospital (minor concussion and a shoulder injury), I phoned my insurers to report the accident. Nine weeks later, I am still waiting on insurers to assign liability as the driver is now claiming she doesn't know what happened, she did not see me, she doesn't think I had my lights on (my bike is a new honda PCX, the lights are on if the bike is running), and now the investigative committee is waiting on more information from her, and she basically isn't cooperating. I have a partially torn rotator cuff, and am in physio (I also have a personal injury claim in). Do I have any recourse here or is there anything I can do to speed the process along?

[TC1474]

Are you represented by a claims management firm or solicitors appointed by your insurers?

Once the letter of claim has been sent holding the third party liable, the other side are allowed under civil procedure rules, up to 3 months to carry out their own investigation with regards to liability.

If the Police attended (which they shoud have done given it was an injury) then that can sometimes hold things up pending arrival of the Police file and which is not usually released until such time as the file has been closed and any potential prosecution dealt with.

If your current legal representative is not doing their job properly, you are perfectly entitled to sack them and go elsewhere. You are not legaly obligated to use LEI appointed claims firms or solicitors.

You having or not having lights on makes no difference (unless it was during lighting up times), and the driver has a fiduciary duty of care and legal obligation to give priority to traffic on the major carriageway and comply with obligatory traffic signs.

Police should prosecute for failing to comply and careess driving, but it is a pretty sure bet they haven't.

Don't be in too much of a hurry to settle. If you settle too quickly the chances are your claim will be undervalued and you will simply be put on the conveyor belt which you may feel is fine, but until you have either made a full recovery or, you have healed as best as you are likely to, no settlement or offer of settlement can or should be made, simply because if in 12 or 18 months you are still suffering an issue and you have settled, you cannot then go back and ask for more money uness you sue for professional negligence.

As a rule of thumb, for a minor injiry you are looking at 12 - 18 months to settle

For moderate injuries, 18 - 36 months

For catastrophic injuries, 4 + years

As a fellow motorcyclist, I am happy to discuss privately with you if you wish.

[j_f_UK]

I am represented by solicitors appointed by my insurers. I am not worried about the claim at the moment, I know it will take awhile to settle. The have been fine. The police did not attend as I was not intending to go to hospital. My wife brought me to the hospital when she picked me up as she was concerned. I had every intention of having her take me to work.
My main concern is she is being uncooperative with the insurers at the minute, and I am afraid they will assign 50-50 at fault. I have been in physio for the past 2 months, and am being sent for a scan now the initial injury has settled down. So I may need surgery, and will be awhile yet before I fully recover.

[TC1474]

Just bear in mind in mind that using insurance appointed solicitors usually means that you will be on the conveyor belt, they are not specialists in motorcycle accidents and they will not fight your corner. They will get paid regardless of the result they get for you.

Your crash is not a 50/50. If they insist that it is, then you subject to seeing the case papers, you ill probably have a case for suing for professional negligence.

On top f that, they should be fighting to get an admittance of liability so that they can then arrange for you to receive private medical treatment which the other side are obliged to pay for once liability has been admitted.

Can I ask which law firm is representing you?

[j_f_UK]

Lyons Davidson. The solicitors have been fine, as at the moment, it's just submitting paperwork, physio receipts, etc. It is still early stages on that front. It's my insurers who are dragging their feet.

[TC1474]

OK, I know Lyons Davidson. That says it all.

[Smurfy100]

Were you filtering past traffic when the accident happened, and was it a single carriageway?

[j_f_UK]

Sorry smurfy, just saw your reply. No I was not filtering through traffic, but travelling with it, around 20mph. It is a fairly steep hill (16% gradient), single carriageway, residential road, that was unusually busy for that time in the morning. There are always cars parked either side of the road. She pulled out from a side road into my path. I braked as I really didn't fancy a collision and came off my motorbike in the process.
Although, I have just gotten a letter from my solicitors with an offer of £4000 settlement. However, as part of the offer, the driver is not accepting liability. I have an appointment with my GP friday to discuss my MRI results and the amount of damage to my shoulder, so will not be making any decisions until then.

[TC1474]

And get rid of Lyons Davidson. There lies half of your problem