Motorcycle legal advice: Should I settle my claim for less?

Posted

by

Q: My husband recently picked up his first set of wheels. Now, whilst I was born with only one foot; my life has been pretty normal and my foot (or lack of) has never held me back – until now. Long story short, we were riding two-up when a car coming from the opposite direction hooked a right and we smashed into it, breaking my good foot and femur.

I’m only four months post-accident and I’m heavily dependent on my family for help. With only one foot, the effects are obviously worse for me, but my solicitors don’t see that and have told me to settle this claim for £12,000. Does having one foot make any difference or does everyone get treated the same? My solicitor seemed to suggest so.

A: The accident was only a few months ago and you only get one chance to settle. If your solicitor suggested everyone is ‘treated the same’ they’re wrong. The old phrase is you ‘take your victim as you find them’. So you’ll need compensation for your particular losses. For example, if you cannot hop on your foot (because you don’t have one) it’s clear you’ll need more care and assistance post-accident.

Article continues below…
Advert

Enjoy everything More Bikes by reading the monthly newspaper, Read FREE Online.

As for the future, it’s too soon to know how this injury will affect it. My advice is don’t settle yet; do some research and get a solicitor who’s used to dealing with complex orthopaedic injuries. Don’t risk prejudicing your position.

White Dalton Solicitors is Britain’s most specialist motorcycle law practice. Managing partner Andrew ‘Chef’ Prendergast and his bike riding barristers compile Motor Cycle Monthly’s legal column very month, offering our readers essential motorcycle legal advice. www.whitedalton.co.uk


Advert

Enjoy everything More Bikes by reading the MoreBikes monthly newspaper. Click here to subscribe, or Read FREE Online.

Posted

in

Newsletter Signup