Motorcycle accident in Shetland benefits from expert legal help
Mr D was travelling on his Honda CBF 125 motorcycle on the A969 in Lerwick, Shetland when a car driver proceeded to pull out of a car park directly into his path.
Mr D was unable to avoid the collision, collided with the front of the car and was thrown from his bike.
Motorcycle accident injuries
Mr D was assessed by paramedics at the road side and then taken to Gilbert Bain Hospital who confirmed he had broken his leg in the motorcycle accident.
Airlifted from Shetland Islands to Aberdeen hospital
"It was pretty tough at first, I was very reliant on other people for the first part anyway. I spent a lot of time in hospital and had to get airlifted to Aberdeen hospital on my birthday as we don't have fracture specialist surgeons up where I live.
“I lost a lot of weight as I was being starved before surgery and then being told at 5pm I wasn't going to be seen that day. This happened for about 6 days.
“I was in a lot of pain for quite a while but then you begin to adapt to your surroundings and have to get on with it.”
Financial loss from motorcycle accident injuries
As a result of the motorcycle accident, Mr D sustained substantial financial losses as well as the physical injury.
"I was getting phone calls off a lot of companies but it was actually one of the English partners who recommended Digby Brown. I had seen Digby Brown on the TV so I thought they must be good.
“I was put in contact with David McGowan [specialist motorcycle lawyer in Digby Brown’s Inverness office] and we took it from there. I decided to make the claim as I was off work for quite a long time and I was only on sick pay so I was struggling financially. I knew I wasn't at fault in the accident so knew I had a good case".
Motorcycle accident claim
Mr D was absent from work for a period of 6 months where he sustained a loss of earnings. During this period his parents were required to provide assistance.
His father had to travel to and from Aberdeen numerous times.
Motorcycle accident claim includes help from family
Digby Brown were able to incorporate the help Mr D needed into his claim using section 8 of the Administration of Justice (Scotland) Act 1982, which allowed Mr D’s family to be compensated for their time looking after him
Motorcycle accident claim includes damage to bike
Mr D’s bike was written off in the accident and after having no joy with the Insurers himself for recovery of this loss, Digby Brown were able to recover the full cost of the bike.
Insurers undervalue motorcycle claim
After intimating the claim on the Insurer’s of the other motorist, the Defenders admitted liability on behalf of their Insured driver.
Following the collection of medical evidence, the Insurers offered Mr D £6,700 in compensation for his claim.
This was considerably lower than Digby Brown’s valuation of the motorbike claim and accordingly we raised a court action in the Sheriff Court seeking a fair settlement for our client.
Court proceeding force insurer to make better offer
Following the raising of proceedings, the insurance company’s solicitors defended the court action. They re-considered the evidence available and made a formal compensation offer of £16,700 - £10,000 more than the Insurers had offered 1 month earlier – which was acceptable to Mr D.
Rightful and fair motorcycle accident compensation
Mr D said: “David was very good. There was enough contact to keep me in the loop without being inundated with calls about it all. Everything went smoothly and it was all handled very professionally. Even down to the first offer from the defender's which was poor to then get them to come back with a very good second offer so soon after.
"I have been able to pay off all the debts that I had racked up as a result of not working after the accident and it's left me with a bit on the side to put towards a house.
“It has also helped with the rehabilitation process as I have been able to pay for physio privately which has been better than the NHS. I've gone to a chiropractor who has been really good."
Contact Digby Brown's Motorcycle Lawyers
If you have been involved in a motorcycle accident in Scotland which was not your fault, our specialist solicitors may be able to help you.
Get in touch today by calling 0333 200 5925 or fill in our online enquiry form and a member of the team will get back in touch.