Legal Advice regarding Accident.

A

Athanc

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Hi all,

Apologies in advance if this post is in the wrong section.

I was involved in a accident with my bike about 3 weeks ago. Due to the seriousness of the accident I had to be hospitalized and get surgery as well as other serious injuries. The guy who hit me and was at fault has been stalling and kinda feels like his avoiding the whole situation. I know were he lives and I have his details as well as his Parents given he is a bit of youngster. Now he gave his fathers details saying he is the one arranging for the insurance. He asked me for my bikes number plate and if I am insured. I told him I am not and gave him the details as requested. My concern is I was to claim back medical bills as they have set me back substantially. Any advice would be highly appreciated.

Thanks in advance guys.

Athan
 
Normally, I would say let your insurance handle the whole matter. But this is going to be tricky, especially if they have insurance and you don't. Insurance lawyers are notoriously good at their jobs.
 
What can they do to dispute my claim when there are witnesses and literally where it happened there is no other way other than them being at fault.
 
Your medical bills must be claimed off the Road Accident Fund. Put in your claim without delay as there are strict rules on timing. Every litre of petrol you buy has your RAF premiums.
 
I am aware of the RAF and I am covered by the surgeons sick note. As I got hurt pretty bad. 2 surgeries for Broken Tibia plateau repaired with plate and screws, torn tendon on my thumb and 2 broken ribs. The question is the guy behind the wheel is he not liable for anything? My knee will never be the same my thumb will never regain full function and my ribs are causing me a world of pain.
 
Damage to your body is covered by the RAF. Your claim can include a pain & suffering component and even compensation for loss of (bodily) function, eg permanently damaged leg.

Regarding damage to your vehicle, clothes, loss of income owing to hospitalisation, etc: The other party is liable to the extent of his negligence. To recover, present him with a full claim detailing your entire loss excluding medical costs. If he is insured, his insurer will handle that on his behalf, but that is a matter between him and his insurer. Should he fail to make good your loss you have recourse to the courts in a civil action.
 
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Arthur said:
Damage to your body is covered by the RAF. Your claim can include a pain & suffering component and even compensation for loss of (bodily) function, eg permanently damaged leg.

Regarding damage to your vehicle, clothes, loss of income owing to hospitalisation, etc: The other party is liable to the extent of his negligence. To recover, present him with a full claim detailing your entire loss excluding medical costs. If he is insured, his insurer will handle that on his behalf, but that is a matter between him and his insurer. Should he fail to make good your loss you have recourse to the courts in a civil action.
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To be honest I haven't had loss of income due to hospitalisation so far. I am a bit lucky in that aspect. It just feels unfair that they don't get to be liable for my medical bills since they caused all this to me. As for the RAF should I do the claim myself or have my lawyer handle it on my behalf??
 
Athanc said:
I am aware of the RAF and I am covered by the surgeons sick note. As I got hurt pretty bad. 2 surgeries for Broken Tibia plateau repaired with plate and screws, torn tendon on my thumb and 2 broken ribs. The question is the guy behind the wheel is he not liable for anything? My knee will never be the same my thumb will never regain full function and my ribs are causing me a world of pain.
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The surgeon gave you a sick note?

Eks, get a life.
 
Athanc said:
To be honest I haven't had loss of income due to hospitalisation so far. I am a bit lucky in that aspect. It just feels unfair that they don't get to be liable for my medical bills since they caused all this to me. As for the RAF should I do the claim myself or have my lawyer handle it on my behalf??
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you will be compensated for your medical fees if you follow the correct process, your need for the other person to go through some justice is driven by ego more than anything else
 
Athanc said:
To be honest I haven't had loss of income due to hospitalisation so far. I am a bit lucky in that aspect. It just feels unfair that they don't get to be liable for my medical bills since they caused all this to me. As for the RAF should I do the claim myself or have my lawyer handle it on my behalf??
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Driving around without insurance??? The other partie does not have to engage with you at at all, even if they were at fault. They will, and have to, refer you to their insurance. If it was me, i would not even answer the phone, and if you rocked up at my house, will get the police on your ass. Lesson #1, get ****ing insurance, and if you cant afford it, get off your bike. You have no right to be on the road without it if you want to whine.

As for medical expenses, it has been suggested you go to the RAF. Anything else, get a lawyer involved to soothe your ego. Hopefully his costs would convince you to be insured in future, be that vehicle, life/disability and legal.

As for your accident and injuries, sorry to hear. Hope you get well soon
 
Seems like you want vengeance and not advise. It was an accident. Im sure the youngster didn't intentionally cause you the pain and suffering. Wanting to go after them for your medical bills (which are being covered by the state) seems a tad vindictive imho.
 
You were riding a motorbike without insurance.

Seems like there's more than one "youngster" in this story.
 
C'mon guys. You're being unfair to the OP and preaching from a high horse.

There is no legal or moral obligation to be insured. The obligation is to make good any damage you cause to another. Period. If you have the means to settle any loss, you'd be silly to get insurance. If you don't have the means, it's prudent to obtain insurance. But it's elective, not morally or legally mandated.

Our Great Nanny has already made medical insurance for road-users mandatory, for drivers, riders, passengers, and pedestrians. The premiums are added to the price of petrol. The OP will request that Nanny covers his medical expenses, as already mentioned. His other patrimonial loss he must recover from the other party (who might or might not have a private contract with an insurer).
 
Arthur said:
The obligation is to make good any damage you cause to another. Period.
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Well **** you gently.:D I have no obligation to make good. My insurance company might have, but that is their prerogative. I pay my premiums and sit back. You without insurance can go chat to the lawyers of my insurance.
 
Lord Farquart said:
Well **** you gently.:D I have no obligation to make good. My insurance company might have, but that is their prerogative. I pay my premiums and sit back. You without insurance can go chat to the lawyers of my insurance.
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You understand neither delictual liability nor insurance, indemnification, and subrogation.

Not my job to educate you.
 
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