Bike accident due to drink driving lorry driver

[Ms Black]

I'm Hi I was involved in a bike accident on 18th oct 2015. I was stationary n waiting for traffic light to turn green. Then suddenly a lorry driver carrying construction workers bang into me from behind. I had minor injuries n gt 8 days mc.

 

I was send to hospital n TP was ard. The driver was on work permit from India n was certified n sentenced by court that he was drink driving at that moment. Now the real problem comes...

 

I engaged a lawyer to help me settle the case but till now my bike is still in the workshop repairing (almost 4mths)..the lawyer didn't keep me update of the progress of the claiming.. Only today I sms him n ask him Abt it. He msg n say that my case is in the court n there is a lawyer for the other party fighting the case. He Told me to wait for 4-

6mths.

 

The company is a big company and my bike damage is only $6k and medical fee is less than $500. I just wondering why is the other party engaging lawyer? Is there a chance that I will lose this case?..I really feel my lawyer is pretty lazy n attitude..should not engage him in the 1st place. Sorry for the long story..

 

I just thinking now is not my fault, why am I waiting for so long for my bike? Is causing a lot of inconvenience to me as I need my bike for work...

 

Another Q I wanna ask is is it feasible to cancel off the insurance and road tax since I won't be getting the bike any sooner?

 

Do u all think I should settle w the company privately so can save on all the lawyer fee n time?

Edited February 18, 2016 by Ms Black

[mechwira]

i just say a few things.

 

1)if u not happy with your lawyer u can anytime discharge him and engage a new one, although i donno how much it'll cost you for the current lawyer's services so far. maybe can ask your potential second lawyer how.

 

2)it is not out of the ordinary to end up waiting for up to a year or more for an accident case to fully settle in court from the time of accident. the courts have many cases and the lawyers also must do work to fight in court.

 

3)if the other party already convicted in court for drink driving, it is very very likely you will 'win' the case. there is very low chance of the other party escaping scot-free.

 

4)even though you more or less 'win' the case, the lawyers still have to fight exactly how much to award you in damages and this is mostly wat is taking them so long. if your lawyer is good, you are very likely to be awarded more than just your repair bill and medical bill. a good lawyer will, for example, fight to award you additional monetary compensation for every single day that your bike is in workshop for paying for alternative transport.

 

5)it is normal for the other company to thus engage their own lawyer because they want to fight to reduce the extra money as much as possible. like i mentioned, they likely wont escape scot-free, but they are fighting to not kena all the extras that your lawyer is theoretically fighting for you. without their own lawyer, nearly impossible for them to fight your lawyer by themselves. also, it is likely the settlement includes your lawyer fees as well.

 

6) if all you cared about was your medical bill and repair bill, then yes you should have just private settle. i quite sure the company would have been super happy to give you whatever money on your printed bill and nothing more. because they know with you having lawyer and their driver convicted of drink driving, they confirm end up paying much more than just your medical and repair bill.

 

7) I believe you can lay up your bike in the meantime.

 

 

so.... i think i give generally correct info, anybody think i wrong by all means correct me. and bro, you think about exactly what outcome you looking for here.

[swoosh]

2 Things you can claim.

 

1) Costs of restoring your bike to its original condition.

2) Pain and suffering from the accident.

 

You said u suffered minor injuries, need to be sure. Looks like the bike shop has appointed the same lawyer (with yr blessings ) to handle both matters.

[Hydher]

I'm Hi I was involved in a bike accident on 18th oct 2015. I was stationary n waiting for traffic light to turn green. Then suddenly a lorry driver carrying construction workers bang into me from behind. I had minor injuries n gt 8 days mc.

 

I was send to hospital n TP was ard. The driver was on work permit from India n was certified n sentenced by court that he was drink driving at that moment. Now the real problem comes...

 

I engaged a lawyer to help me settle the case but till now my bike is still in the workshop repairing (almost 4mths)..the lawyer didn't keep me update of the progress of the claiming.. Only today I sms him n ask him Abt it. He msg n say that my case is in the court n there is a lawyer for the other party fighting the case. He Told me to wait for 4-

6mths.

 

The company is a big company and my bike damage is only $6k and medical fee is less than $500. I just wondering why is the other party engaging lawyer? Is there a chance that I will lose this case?..I really feel my lawyer is pretty lazy n attitude..should not engage him in the 1st place. Sorry for the long story..

 

I just thinking now is not my fault, why am I waiting for so long for my bike? Is causing a lot of inconvenience to me as I need my bike for work...

 

Another Q I wanna ask is is it feasible to cancel off the insurance and road tax since I won't be getting the bike any sooner?

 

Do u all think I should settle w the company privately so can save on all the lawyer fee n time?

 

Accidents are a real PITA. So many questions not answered.

I had a lazy lawyer.. then I engaged HOH lawyers. They were an angel sent down from above.

Anytime I had a question, they could answer.

 

The Lawyer are from insurance companies not the company itself.

 

Give it 3 years.

[Ms Black]

Thanks a lot for the valuable comments esp mechwira. All I can do now is wait.

Edited February 19, 2016 by Ms Black