I hope you won't mind if I blow my firms trumpet a bit?

All non-motorcycle related chat in here

Moderators: Aladinsaneuk, MartDude, D-Rider, Moderators

Post Reply
Message
Author
TC

I hope you won't mind if I blow my firms trumpet a bit?

#1 Post by TC » Wed Jun 20, 2012 2:29 pm

Some of you may recall that a couple of weeks ago I asked if anyone had an Aprilia scooter that I could borrow for a reconstruction I was doing, and many of you will have read in the past my views on using claims management companies or legal expenses appointed solicitors in the event that you are unfortunate enough to have a crash.

On this basis, I thought you might be interested in the case for which I was looking for the scooter, which in any case we settled last week. The case as you will read is over 10 years old because just such a firm sat on the case for 6 years and did nothing bar the basics and issue proceedings to protect the claimants rights. We took over the case and had to fight the young riders corner, now thankfully with the right result.

What has made this case interesting is that it has set a bit of case law. The third party made an offer. The case went to trial to determine values. The third party then tried to make it a requirement that the claimant be subjected to a medical examination every 5 years to establish whether the payments could be reduced.

However, this was not included in what is called the Part 36, and despite legal arguments, the Judge ruled that conditions to a part 36 could not be amended once it went trial

Anyway, as I hope you can appreciate, we are pretty pleased with this result after the claimant and his mother lost hope with the previous firm who were representing them, and I thought I would share it with you.

Injured motorcyclist awarded £3.6 million

A 26-year-old man from south London, who had been an aspiring Premier League footballer, was last week awarded £3.6 million in compensation by the High Court, following a motorcycle accident that occurred ten years ago.

The man, who does not wish to be named and is otherwise referred to as Mr X, was involved in a head-on collision in 2002 while riding his scooter in Thornton Heath. The then 16-year-old was hit by a van being driven by Christopher Evans who had failed to notice the oncoming motorcyclist while attempting to make a right turn.

Mr X sustained multiple injuries in the collision, including a fractured right femur, fractures to both wrists, his right elbow and right ankle. He later developed chronic pain and psychological disorders, including severe Post Traumatic Stress Disorder, a Major Depressive Disorder and severe Obsessive Compulsive Disorder. He also sustained a brain injury with resulting cognitive, behavioural and emotional difficulties, personality changes, heightened fatigue and persisting headaches.

The combination of Mr X’s physical and mental conditions made it impossible for him to return to Coulsdon College, where he had previously been studying for a qualification in Business Studies. The talented footballer also had to give up any hope of playing for the Premier League football team he had had trials with. He has since been unable to contemplate employment, and is dependent on his mother for round-the-clock care.

The High Court ordered that Mr X’s award of £3.6 million was to be paid partly as a lump sum of £2.05 million, and partly by annual payments for the remainder of his life. It will be managed by his professional Deputy, Nicola Manning of McMillan Williams Solicitors who has been appointed by the Court of Protection.

Mr X’s solicitor, Phillip Scarles of McMillan Williams, who specialise in dealing with motorcycle accidents and took over the case from another law firm, said: “Not only did Mr X sustain severe orthopaedic injuries and develop chronic pain, he also developed severe psychological disorders. His mother’s care for him in very difficult living circumstances has been outstanding. This award will enable Mr X to move with his family to a home that will be much more suitable and will enhance his quality of life as much as possible.”

User avatar
flatlander
Eprom Test Pilot (Stig)
Posts: 3097
Joined: Tue Jun 14, 2011 9:06 pm
Location: cheshire

#2 Post by flatlander » Wed Jun 20, 2012 4:37 pm

Wel done skipper can only really fault you on one thing in the whole of your submission

If it was stamped with the same seal as your avatar it's likely the judge just took pity on you :smt002

Seriously though well done was the below but the point \ rule of law

However, this was not included in what is called the Part 36, and despite legal arguments, the Judge ruled that conditions to a part 36 could not be amended once it went trial

The wife is studying law so it will look like I am more interested than I am if I bring that one up which equates to pass out points :smt003
For the avoidance of doubt and for the benefit of my wife, not everything I may say here will be absolutely true I may on ocassion embellish a little for effect.
That said when it comes to motorbikes, I like to ride side saddle with a nice frock

User avatar
Willopotomas
GP Racer
GP Racer
Posts: 2256
Joined: Sat Mar 06, 2010 10:11 pm
Location: Coventry, ENGLAND

#3 Post by Willopotomas » Wed Jun 20, 2012 5:16 pm

What more of an endorsement do you need? Absolutely brilliant news TC. :smt004
Most motorcycle problems are caused by the nut that connects the handle bars to the saddle.

User avatar
D-Rider
Admin
Admin
Posts: 15560
Joined: Wed Jan 03, 2007 1:09 pm
Location: Coventry

#4 Post by D-Rider » Wed Jun 20, 2012 5:20 pm

..... and they got a result in my case ..... though I would like to point out that I didn't win £3M from it - before you crowd of spongers come running up with your requests for RSV4s, MV Agustas and the like .....
“Scientists investigate that which already is. Engineers create that which has never been.”
-- Albert Einstein

User avatar
Dalemac
Midnight Rider
Posts: 1416
Joined: Mon Feb 23, 2009 12:20 am

#5 Post by Dalemac » Wed Jun 20, 2012 9:03 pm

3.6 million doesn't seem enough compensation for the injuries he suffered.

It completely ruined his life by the sound of it. Poor bloke.

User avatar
Kwackerz
Admin
Admin
Posts: 8362
Joined: Thu Dec 14, 2006 6:16 pm

#6 Post by Kwackerz » Wed Jun 20, 2012 9:49 pm

Glad your company succeeded where others failed. :smt001 Thats why people have that saying round 'ere.. 'In TC we trust'

:smt002
Never ride faster than your guardian angel can fly

User avatar
Falcopops
GP Racer
GP Racer
Posts: 2530
Joined: Mon Dec 18, 2006 4:00 pm
Location: Back to sweating in the tropics
Main bike: Still loving the Falco

#7 Post by Falcopops » Thu Jun 21, 2012 2:09 am

well done mate, looks like you're shaping up to be the new Erin Brokovitch :smt002

User avatar
Samray
Double World Champion
Posts: 6234
Joined: Thu Dec 14, 2006 6:36 pm
Location: Riding round with Sheene and Simoncelli

"I hope you won't mind if I blow my firms trumpet a bit

#8 Post by Samray » Thu Jun 21, 2012 2:21 am

As you see, there are some here that gladly blow that trumpet too. :smt001

Nice result.
In spite of the cost of living, it's still popular.

fatboy
World Champion
Posts: 3774
Joined: Thu Nov 03, 2011 7:48 pm
Location: BATH

#9 Post by fatboy » Thu Jun 21, 2012 1:30 pm

Its beyond belief that a road user can destroy anothers life and hope to deny any responsibity for his actions
Result TC !
Cleverly disguised as an adult !

User avatar
DavShill
SuperBike Racer
SuperBike Racer
Posts: 1748
Joined: Tue Jan 16, 2007 7:51 pm
Location: Beverley, East Yorkshire

#10 Post by DavShill » Thu Jun 21, 2012 7:09 pm

Great job TC,well done.

User avatar
Viking
SuperBike Racer
SuperBike Racer
Posts: 1207
Joined: Wed Jan 03, 2007 10:17 pm
Location: The land down under

#11 Post by Viking » Fri Jun 22, 2012 12:50 am

Good work, TC. Top marks to you.
It's the V-twin thing. There's just something about it that inline-4s don't have at all, and V-4s don't have enough of.

User avatar
Aladinsaneuk
Aprilia Admin
Posts: 9503
Joined: Wed Jan 03, 2007 10:37 pm
Location: Webfoot territory

#12 Post by Aladinsaneuk » Fri Jun 22, 2012 7:58 am

well done :)


Let's face it, you wouldn't go to a nurse to get good advice on a problem with a Falco - you'd choose an Engineer or a mechanic...


Post Reply