Ouch (possible NSFW pictures of my rear to follow)
Discussion
Bobberoo said:
Thanks for the update Dibble.
I do however find it hard to understand how someone can pull across in front of you, causing you to have a life changing accident, and yet it is going to be a 50-50 result.
The speed limit was 50mph. I was above it, so the argument is that it wouldn’t have been as bad if I’d been going slower.I do however find it hard to understand how someone can pull across in front of you, causing you to have a life changing accident, and yet it is going to be a 50-50 result.
The one thing both expert witnesses agreed on, which really helped my case, is that I “was there to be seen”, whichever of the speeds suggested I was going at.
Dibble said:
it’s just the value of my claim to be decided on now.
I've followed your updates with interest. (and a lot of wincing).Are you comfortable discussing the possible value of your claim, or is that something you'd rather keep to yourself?
Continued best wishes for your recovery.
At least they agreed on that.
The whole process has dragged on for such an unacceptable amount of time, I understand that Covid slowed things down, but the glacial pace of our legal system never ceases to amaze me!!
How are you holding up Dibble? And is there a date for the next operation?
Have you finished the house renovation yet, and all moved in?
Give Jussi a belly rub from me please!!!
The whole process has dragged on for such an unacceptable amount of time, I understand that Covid slowed things down, but the glacial pace of our legal system never ceases to amaze me!!
How are you holding up Dibble? And is there a date for the next operation?
Have you finished the house renovation yet, and all moved in?
Give Jussi a belly rub from me please!!!
I’ve been given an idea of a possible range of values by my barrister, but until it’s all finalised, I’d rather not say for now. I probably will update when it’s completed. It’s not going to be life changing but will hopefully take a bit of the sting out of it.
I thought I was between 50 and 60mph. “My” expert gives a speed range of 57-67 mph on approach, whereas “”their” expert gives a range of 77-92mph… if I was cynical, I’d say each expert has used methodology/calculations that support their sponsor. I’m sure if they’d done the same calculations/formulae, the speed estimates would’ve been closer.
The delays in settlement are partly due to CoVid putting surgery on hold, but it would’ve been a long do anyway. The court can’t decide on a value until all my surgery and subsequent rehab is sorted (although they may decide to make an interim order for “some” of the claim value). The court basically needs to know what the final outcome and long term prognosis is, so I don’t expect a final settlement for at least another couple of years, minimum. Whatever it turns out to be, 50% of something is better than 0% of nothing.
Still no date for my next surgery (other than a rather optimistic “can you come in tomorrow?” about 3pm on a Friday afternoon about 6 weeks ago… unfortunately I need a bit more notice than <24 hours.
I thought I was between 50 and 60mph. “My” expert gives a speed range of 57-67 mph on approach, whereas “”their” expert gives a range of 77-92mph… if I was cynical, I’d say each expert has used methodology/calculations that support their sponsor. I’m sure if they’d done the same calculations/formulae, the speed estimates would’ve been closer.
The delays in settlement are partly due to CoVid putting surgery on hold, but it would’ve been a long do anyway. The court can’t decide on a value until all my surgery and subsequent rehab is sorted (although they may decide to make an interim order for “some” of the claim value). The court basically needs to know what the final outcome and long term prognosis is, so I don’t expect a final settlement for at least another couple of years, minimum. Whatever it turns out to be, 50% of something is better than 0% of nothing.
Still no date for my next surgery (other than a rather optimistic “can you come in tomorrow?” about 3pm on a Friday afternoon about 6 weeks ago… unfortunately I need a bit more notice than <24 hours.
I’m really confused by the 50/50 split based on the (very limited) description being discussed. Your speed isn’t overly relevant at all. You were there to be seen, the defence often used is “ I didn’t see him, he was speeding” is useless. If someone was speeding then they’ve been seen. If someone didn’t see you then they’re still in the wrong if pulling out when they have to Give Way.
Criminally it might be a tough conviction, civilly it’s an easy 100/0 split on the balance of probabilities. Any judge will take the midpoint of the two sponsored speed estimate ages and wouldn’t reduce liability on the driver by anywhere near 50%. Is your lawyer really competent? You need to grill them a bit on their thought processes to come to that. They ought to be able to provide case law to support it, otherwise they’re copping out.
Criminally it might be a tough conviction, civilly it’s an easy 100/0 split on the balance of probabilities. Any judge will take the midpoint of the two sponsored speed estimate ages and wouldn’t reduce liability on the driver by anywhere near 50%. Is your lawyer really competent? You need to grill them a bit on their thought processes to come to that. They ought to be able to provide case law to support it, otherwise they’re copping out.
There’s no criminal element to this.
My barrister is hugely qualified in this field and has dealt with plenty of similar cases. When he was recommended by my solicitor, I did some due diligence by looking at various open source data/information on stuff he’d dealt with previously and had the chance to speak to him at length before agreeing to him representing me. I’ve had several case conferences with him and my solicitor. I deal with solicitors and barristers quite a bit at work, so I’m not phased/starstruck by them.
Obviously I’ve condensed/paraphrased what’s in the two accident reports and all the other details. The barrister has seen all the reports, statements, interviews and a load of other information to base his opinion on.
There is plenty of case law that even if I’d been going at exactly the speed limit, it’d have been an 85/15 split for liability (in my favour). The courts take the view that the speed limit is the absolute maximum in the absolute best circumstances/conditions, so it’d be prudent to be a bit under the limit in anything other than a perfect world, which is what we exist in.
I’ve had and read the lengthy opinion from the barrister, based on everything mentioned above (and a bit more) and I’m happy that his opinion is correct. I’m obviously not going to post every single detail while this is still ongoing.
My barrister is hugely qualified in this field and has dealt with plenty of similar cases. When he was recommended by my solicitor, I did some due diligence by looking at various open source data/information on stuff he’d dealt with previously and had the chance to speak to him at length before agreeing to him representing me. I’ve had several case conferences with him and my solicitor. I deal with solicitors and barristers quite a bit at work, so I’m not phased/starstruck by them.
Obviously I’ve condensed/paraphrased what’s in the two accident reports and all the other details. The barrister has seen all the reports, statements, interviews and a load of other information to base his opinion on.
There is plenty of case law that even if I’d been going at exactly the speed limit, it’d have been an 85/15 split for liability (in my favour). The courts take the view that the speed limit is the absolute maximum in the absolute best circumstances/conditions, so it’d be prudent to be a bit under the limit in anything other than a perfect world, which is what we exist in.
I’ve had and read the lengthy opinion from the barrister, based on everything mentioned above (and a bit more) and I’m happy that his opinion is correct. I’m obviously not going to post every single detail while this is still ongoing.
Hope it all goes well Dibble and you end up with more than you hope for.
Watch out for surveillance being recorded of you by the third parties insurer. Yes this does happen as they recorded myself on numerous occasions of which I have seen but i was doing nothing I said I couldn’t do.
My claim was settled around a year or so ago after a 4 year wait, it was settled in my favour.
The Third party at first claimed I was speeding but it was proved I was doing the speed I claimed I had been travelling at of 40 mph in a national speed limit area on a straight section of road before the impact, then I didn’t have my lights on but i had no switch to turn them off so this was proved they must have been on, then his bulb mustn’t have been working but witnesses said it was, then i wasn’t wearing hiviz clothing.
It’s Pathetic how people try and wriggle out of being in the wrong and causing someone great deal of pain and suffering and all because they were distracted for a few seconds. Third party got 3 points and a measly small fine. I got a lifetime of pain and mobility issues to put up with.
Watch out for surveillance being recorded of you by the third parties insurer. Yes this does happen as they recorded myself on numerous occasions of which I have seen but i was doing nothing I said I couldn’t do.
My claim was settled around a year or so ago after a 4 year wait, it was settled in my favour.
The Third party at first claimed I was speeding but it was proved I was doing the speed I claimed I had been travelling at of 40 mph in a national speed limit area on a straight section of road before the impact, then I didn’t have my lights on but i had no switch to turn them off so this was proved they must have been on, then his bulb mustn’t have been working but witnesses said it was, then i wasn’t wearing hiviz clothing.
It’s Pathetic how people try and wriggle out of being in the wrong and causing someone great deal of pain and suffering and all because they were distracted for a few seconds. Third party got 3 points and a measly small fine. I got a lifetime of pain and mobility issues to put up with.
Pirks said:
Watch out for surveillance being recorded of you by the third parties insurer. Yes this does happen as they recorded myself on numerous occasions of which I have seen but i was doing nothing I said I couldn’t do.
I was advised about this by my solicitor and barrister, but like you, I’ve not said I’ve more badly injured than I was or been doing stuff I said I couldn’t do. If I have been surveilled, I feel sorry for the poor sod doing it, as it will have been very dull for them!Dibble said:
I’ve been given an idea of a possible range of values by my barrister, but until it’s all finalised, I’d rather not say for now. I probably will update when it’s completed. It’s not going to be life changing but will hopefully take a bit of the sting out of it.
I thought I was between 50 and 60mph. “My” expert gives a speed range of 57-67 mph on approach, whereas “”their” expert gives a range of 77-92mph… if I was cynical, I’d say each expert has used methodology/calculations that support their sponsor. I’m sure if they’d done the same calculations/formulae, the speed estimates would’ve been closer.
The delays in settlement are partly due to CoVid putting surgery on hold, but it would’ve been a long do anyway. The court can’t decide on a value until all my surgery and subsequent rehab is sorted (although they may decide to make an interim order for “some” of the claim value). The court basically needs to know what the final outcome and long term prognosis is, so I don’t expect a final settlement for at least another couple of years, minimum. Whatever it turns out to be, 50% of something is better than 0% of nothing.
Still no date for my next surgery (other than a rather optimistic “can you come in tomorrow?” about 3pm on a Friday afternoon about 6 weeks ago… unfortunately I need a bit more notice than <24 hours.
As you said, that really is a significant variation in "expert" opinion. It's also slightly frightening/worrying how much over what you believed you were travelling at the numbers are. It does make me wonder if having on-bike video would help in such situations as you can do a pretty accurate time/distance calculation from that to get a better understanding of the actual speed. I thought I was between 50 and 60mph. “My” expert gives a speed range of 57-67 mph on approach, whereas “”their” expert gives a range of 77-92mph… if I was cynical, I’d say each expert has used methodology/calculations that support their sponsor. I’m sure if they’d done the same calculations/formulae, the speed estimates would’ve been closer.
The delays in settlement are partly due to CoVid putting surgery on hold, but it would’ve been a long do anyway. The court can’t decide on a value until all my surgery and subsequent rehab is sorted (although they may decide to make an interim order for “some” of the claim value). The court basically needs to know what the final outcome and long term prognosis is, so I don’t expect a final settlement for at least another couple of years, minimum. Whatever it turns out to be, 50% of something is better than 0% of nothing.
Still no date for my next surgery (other than a rather optimistic “can you come in tomorrow?” about 3pm on a Friday afternoon about 6 weeks ago… unfortunately I need a bit more notice than <24 hours.
I can see why their insurer would suggest you are partially at fault if they have you travelling at 40mph over the speed limit but 50% still seems disproportionate for a right of way violation.
black-k1 said:
Dibble said:
I’ve been given an idea of a possible range of values by my barrister, but until it’s all finalised, I’d rather not say for now. I probably will update when it’s completed. It’s not going to be life changing but will hopefully take a bit of the sting out of it.
I thought I was between 50 and 60mph. “My” expert gives a speed range of 57-67 mph on approach, whereas “”their” expert gives a range of 77-92mph… if I was cynical, I’d say each expert has used methodology/calculations that support their sponsor. I’m sure if they’d done the same calculations/formulae, the speed estimates would’ve been closer.
The delays in settlement are partly due to CoVid putting surgery on hold, but it would’ve been a long do anyway. The court can’t decide on a value until all my surgery and subsequent rehab is sorted (although they may decide to make an interim order for “some” of the claim value). The court basically needs to know what the final outcome and long term prognosis is, so I don’t expect a final settlement for at least another couple of years, minimum. Whatever it turns out to be, 50% of something is better than 0% of nothing.
Still no date for my next surgery (other than a rather optimistic “can you come in tomorrow?” about 3pm on a Friday afternoon about 6 weeks ago… unfortunately I need a bit more notice than <24 hours.
As you said, that really is a significant variation in "expert" opinion. It's also slightly frightening/worrying how much over what you believed you were travelling at the numbers are. It does make me wonder if having on-bike video would help in such situations as you can do a pretty accurate time/distance calculation from that to get a better understanding of the actual speed. I thought I was between 50 and 60mph. “My” expert gives a speed range of 57-67 mph on approach, whereas “”their” expert gives a range of 77-92mph… if I was cynical, I’d say each expert has used methodology/calculations that support their sponsor. I’m sure if they’d done the same calculations/formulae, the speed estimates would’ve been closer.
The delays in settlement are partly due to CoVid putting surgery on hold, but it would’ve been a long do anyway. The court can’t decide on a value until all my surgery and subsequent rehab is sorted (although they may decide to make an interim order for “some” of the claim value). The court basically needs to know what the final outcome and long term prognosis is, so I don’t expect a final settlement for at least another couple of years, minimum. Whatever it turns out to be, 50% of something is better than 0% of nothing.
Still no date for my next surgery (other than a rather optimistic “can you come in tomorrow?” about 3pm on a Friday afternoon about 6 weeks ago… unfortunately I need a bit more notice than <24 hours.
I can see why their insurer would suggest you are partially at fault if they have you travelling at 40mph over the speed limit but 50% still seems disproportionate for a right of way violation.
I’ve thought about on bike video but on balance of potential ‘incidents’, I have managed to avoid actual incidents so far, I’d be in more danger of incriminating myself if the camera was ever seized and that puts me off the idea..
Another of my infrequent updates, although this is a bit of a BOGOF deal for anyone reading!
First off, I’ve had a settlement offer (two, actually). Based on what my Barrister has said previously, they’re both a bit lower than he suggested (even taking into account the fact I’d only get 50% based on the 50-50 liability). One of the offers is a formal “part 36” offer (something to do with the Civil Procedure Rules and costs liability if it’s rejected). The other is a “one time only, time limited, take it or leave it” offer - what is colloquially known as “carrot dangling”. Basically, “Here have some money, go away”. I have a conference next week with the Barrister to discuss it all and then decide what to do.
Because the liability’s been agreed, any hearing is solely to determine the value of my claim. Because I’m still waiting for surgery, the court have agreed a stay on proceedings (it’s always possible the other side can object to that).
The other news is that surgery number 14 is provisionally pencilled in for the beginning of November, but won’t be confirmed until the week before. Consequently, I’ve spent all weekend boxing stuff up, shifting it from flat to house, finishing bits of DIY so I can live there. Not only is everything a bit more complicated because of my injury/reduced range of movement, but I’ve also realised I’m neither as young or as fit as I once was!
One of the requirements at the new gaff was a fence to make the garden secure for The Idiot. Shifting 25 20kg bags of quickcrete and a load of fence panels nearly killed me. I had to admit defeat with the concrete and leave that to the installer.
As well as three tip runs and a load of boxes shifted, I also got two coats of paint down in the shouthouse.
The more observant among you will notice (as did I) that’s not grey. I didn’t think to check the tin when I took it off the shelf and CBA to return it. It started off a lot more blue as well, so then I thought perhaps I should stir it, as suggested on the tin…
I do now have a spangly, Jussi-proof fence though.
First off, I’ve had a settlement offer (two, actually). Based on what my Barrister has said previously, they’re both a bit lower than he suggested (even taking into account the fact I’d only get 50% based on the 50-50 liability). One of the offers is a formal “part 36” offer (something to do with the Civil Procedure Rules and costs liability if it’s rejected). The other is a “one time only, time limited, take it or leave it” offer - what is colloquially known as “carrot dangling”. Basically, “Here have some money, go away”. I have a conference next week with the Barrister to discuss it all and then decide what to do.
Because the liability’s been agreed, any hearing is solely to determine the value of my claim. Because I’m still waiting for surgery, the court have agreed a stay on proceedings (it’s always possible the other side can object to that).
The other news is that surgery number 14 is provisionally pencilled in for the beginning of November, but won’t be confirmed until the week before. Consequently, I’ve spent all weekend boxing stuff up, shifting it from flat to house, finishing bits of DIY so I can live there. Not only is everything a bit more complicated because of my injury/reduced range of movement, but I’ve also realised I’m neither as young or as fit as I once was!
One of the requirements at the new gaff was a fence to make the garden secure for The Idiot. Shifting 25 20kg bags of quickcrete and a load of fence panels nearly killed me. I had to admit defeat with the concrete and leave that to the installer.
As well as three tip runs and a load of boxes shifted, I also got two coats of paint down in the shouthouse.
The more observant among you will notice (as did I) that’s not grey. I didn’t think to check the tin when I took it off the shelf and CBA to return it. It started off a lot more blue as well, so then I thought perhaps I should stir it, as suggested on the tin…
I do now have a spangly, Jussi-proof fence though.
I can’t see how you can possibly come to a settlement with further surgery and unquantifiable future recovery pain suffering etc. interim payment yes, final no. Bear in mind your employers and or DWP might want some money back out of it. I think they’re trying to bully you into settling early to cut their costs.
Ex large insurer of 36 years!
Ex large insurer of 36 years!
My first offer was a piddle take, so I laughed and said no to which the barrister and solicitor agreed.
On the day of settlement (it was settled out of court) the third party offered a little more before the conference call thing started, that was declined straight away as this was also extremely low.
Once the conference call starts that’s when the offer gets a bit better so there’s hope yet dibble.
The claim may finish early if your medical progress isn’t getting any better as mine was, i picked up something else which i was told may happen with having too many ops in too short a period of time and not allowing the body to fully recover between them (I was desperate to get back to full health and back to my job)
I never told anyone but there was some real dark days, the pain was killing me.
I’ve been following your story from the start but dare not have commented as I was told not to as i would be being searched for online for any info they could use against me. Be careful what you post as Big brother IS watching you, or rather the investigators hired by the other side are
On the day of settlement (it was settled out of court) the third party offered a little more before the conference call thing started, that was declined straight away as this was also extremely low.
Once the conference call starts that’s when the offer gets a bit better so there’s hope yet dibble.
The claim may finish early if your medical progress isn’t getting any better as mine was, i picked up something else which i was told may happen with having too many ops in too short a period of time and not allowing the body to fully recover between them (I was desperate to get back to full health and back to my job)
I never told anyone but there was some real dark days, the pain was killing me.
I’ve been following your story from the start but dare not have commented as I was told not to as i would be being searched for online for any info they could use against me. Be careful what you post as Big brother IS watching you, or rather the investigators hired by the other side are
Edited by Pirks on Sunday 23 October 22:01
Edited by Pirks on Sunday 23 October 22:15
Glad you have had some positive news. My settlement took 3 1/2 years to come through and that was a no contest to liability from the start. The waiting for the 3 operations slowed it down but then so did the Stupid Woman in the Mini's insurance and their solicitors. 
You still based in Lancashire?
You still based in Lancashire?
The moment you’ve all been waiting for…
The more observant among you will notice the lack of external fixator. I had what I’d describe as a worrying phone call from the consultant’s secretary, telling me “the surgical plan has changed” andI needed to see the consultant. On Friday. The day before surgery was scheduled. Which interrupted the moving in/broadband installation/unpacking/cleaning the rental flat at just about the most inconvenient time!
The problem was that the pin holes from the previous surgery had healed, but not filled in, not leaving much area for new pins to go into. So instead of the external fixator, the new plan was to use one to realign and rotate the top bit of my deformed femur and then plate it straight again. Because I’m what’s technically known as a “fat knacker”, I needed two plates, one on the inside of my femur and one on the outside. Hence the extra incision on the front of my leg, where the inside plate was inserted.
The realignment has given me an extra centimetre or so of length in my leg. I had the option for a lateral rail nearer my knee at the same time, to do the extra lengthening, but having discussed it with my girlfriend, I thought I’d wait and see how I am once the now straight(er) and slightly longer femur helps my gait. If I still want the extra length (ooh, matron), I can have that done separately.
Right now, I’m happy with the first 2/3 of the 3 problems of deformity, rotation and length being sorted, with the option to do the rail if it’s needed. Yes, it drags things out a bit, but there is the potential the extra 2cm or so won’t be needed. Time will tell.
In other news, my solicitor counter offered a settlement figure after the barrister had looked over and valued my claim. The other side upped their offer a bit and the barrister recommended accepting it, as with the repayment of costs, benefits, some insurance and the police treatment centre taken into account, it’s a fair chunk more than the 50% of the amount he’d calculated (in a load of detail). Again, I thought about it and discussed it with my girlfriend and have accepted the offer.
I’m comfortable with where things are at with my leg and having spent a good couple of hours going everything with my barrister and solicitor, I’m as satisfied with the outcome as I can be. I went into the process realising I could end up getting nothing, so my view’s always been “something” is a better deal. It’s not a massive, life changing amount and I won’t be retiring early to a log cabin on the Swedish coast, but it’ll help.
I made sure I spoke to the consultant before confirming acceptance and he is happy that the outcome of even the “two thirds” surgery will be an improvement over where I was at. Yes, my leg could drop off tomorrow, but then I could also get hit by a bus… it’s time for me to move on. Some of you will disagree with my choice and that’s fine. As I said a few posts above, you’ve not had the benefit of all the details the solicitor and barrister have had and they’re the indemnified professionals dealing with it. I hope that doesn’t sound too arsey, but there’s some stuff I’ve not posted. I’m still alive and will have an improved leg in about four months or so, even without any extra lengthening.
I’m in hospital for a few more days yet and will get a better idea how long for when I see the consultant properly tomorrow. I’ve managed a trip to the loo and back on crutches, which was hard work. Even more so because I haven’t been able to clear the morphine blockage so far…
The more observant among you will notice the lack of external fixator. I had what I’d describe as a worrying phone call from the consultant’s secretary, telling me “the surgical plan has changed” andI needed to see the consultant. On Friday. The day before surgery was scheduled. Which interrupted the moving in/broadband installation/unpacking/cleaning the rental flat at just about the most inconvenient time!
The problem was that the pin holes from the previous surgery had healed, but not filled in, not leaving much area for new pins to go into. So instead of the external fixator, the new plan was to use one to realign and rotate the top bit of my deformed femur and then plate it straight again. Because I’m what’s technically known as a “fat knacker”, I needed two plates, one on the inside of my femur and one on the outside. Hence the extra incision on the front of my leg, where the inside plate was inserted.
The realignment has given me an extra centimetre or so of length in my leg. I had the option for a lateral rail nearer my knee at the same time, to do the extra lengthening, but having discussed it with my girlfriend, I thought I’d wait and see how I am once the now straight(er) and slightly longer femur helps my gait. If I still want the extra length (ooh, matron), I can have that done separately.
Right now, I’m happy with the first 2/3 of the 3 problems of deformity, rotation and length being sorted, with the option to do the rail if it’s needed. Yes, it drags things out a bit, but there is the potential the extra 2cm or so won’t be needed. Time will tell.
In other news, my solicitor counter offered a settlement figure after the barrister had looked over and valued my claim. The other side upped their offer a bit and the barrister recommended accepting it, as with the repayment of costs, benefits, some insurance and the police treatment centre taken into account, it’s a fair chunk more than the 50% of the amount he’d calculated (in a load of detail). Again, I thought about it and discussed it with my girlfriend and have accepted the offer.
I’m comfortable with where things are at with my leg and having spent a good couple of hours going everything with my barrister and solicitor, I’m as satisfied with the outcome as I can be. I went into the process realising I could end up getting nothing, so my view’s always been “something” is a better deal. It’s not a massive, life changing amount and I won’t be retiring early to a log cabin on the Swedish coast, but it’ll help.
I made sure I spoke to the consultant before confirming acceptance and he is happy that the outcome of even the “two thirds” surgery will be an improvement over where I was at. Yes, my leg could drop off tomorrow, but then I could also get hit by a bus… it’s time for me to move on. Some of you will disagree with my choice and that’s fine. As I said a few posts above, you’ve not had the benefit of all the details the solicitor and barrister have had and they’re the indemnified professionals dealing with it. I hope that doesn’t sound too arsey, but there’s some stuff I’ve not posted. I’m still alive and will have an improved leg in about four months or so, even without any extra lengthening.
I’m in hospital for a few more days yet and will get a better idea how long for when I see the consultant properly tomorrow. I’ve managed a trip to the loo and back on crutches, which was hard work. Even more so because I haven’t been able to clear the morphine blockage so far…
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