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Title: My lawyer doesn't appear to be on the case

Date: 19 August 2015

Question

Last week I was involved in an accident when a car pulled out from a junction from my left (my right of way, not speeding according to witness and the police) and I collided with the front wing of their vehicle, before being launched over the top of their car. I have multiple injuries consistent with hitting a car at 40mph.

I was wondering what kind of compensation should I be expecting? I don't want to be offered a relatively low sum as I really have no experience in this kind of thing.

Also my bike is being kept in storage which is incurring fees. My insurance company keeps telling me to recover it as I may not be able to recover the fees, but it is not possible for me to recover the bike, due to the damage to it, and lack of transportation or lifting equipment. Am I just being messed around by my insurance here? I have had very little contact with the insurance or solicitors they have chosen, and the little contact I have had, I called them.

S Adams, Newquay

Answer

Your compensation for pain, suffering and loss of amenity will depend on your prognosis which medical experts shall be instructed to advise upon in due course. Also it will depend on the extent of financial losses flowing from the accident, for example loss of earnings the cost of future private surgery and so on. I am unable to give you figures at this stage. If you are not happy with your insurer appointed lawyers you are still within the 14 day cooling off period so you can cancel their instruction and switch firms.

If you are fully comprehensively insured your insurer should be arranging for the collection and repair (if it is not a write off) of your bike. If your opponent has admitted liability they can be invited to deal with this. If there is currently a liability dispute and you are not fully comprehensively insured then it is your responsibility to make arrangements for its collection. Reasonable storage and collection fees are recoverable from the third party assuming your claim succeeds. But you cannot leave the bike in storage incurring fees indefinitely. I suggest contact is made with the third party insurer inviting them to deal with it as soon as possible.

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