What should i do?

[kevo]

As the previous poster stated, your solicitor should investigate the amount awarded in similar cases as this is ultimately the guideline the assessor will use.

If your solicitor can prove that in the majority of other similar cases the award was much higher, you stand a very good chance of getting the amount increased.

 

[Marshy]

Definately decline the first offer, sounds way too low to me.

They are relying on you bottling it and getting less.

 

[kevo]

Another way of looking at it is: Is the amount offered enough to make a significant difference to your life?

If 84k isn't enough to enable you to work part-time and you feel it won't last very long, then it may as well be half the amount and it's got to be worth the risk of challenging it.

Good luck whatever you decide.

 

[Jambo Seagull]

Hi there MB. I've just PM'd you as this is my line of work. Happy to have a chat sometime.

 

[Digweeds Trousers]

Thanks for all the kind words and the advice too. Having read through the solicitor's letter again, she is advising to accept. The MIB have potentially been more accepting of me being struck by a vehicle than a court might be. The police report of the accident was that i might've fallen sideways, despite my skull and shoulder being broken, and no evidence is fully out there to confirm that that didn't happen. There is nothing certain to say that i didn't fall first rather than being knocked off of my bicycle by any vehicle, so it could be a dangerous path to take, the whole court stuff etc. I'll ponder it when the light depression of the reminder of the past six years is overcome by busyness or booze, and quiz an organisation or two, as recommended.
From what's on offer i can't buy a flat and live rentfree for the rest of my life as i half-dreamily hoped, working three days a week, studying for one day and writing and drifting on another. But it could allow me to put it all behind me. I'm a bit deaf for life, my right leg is a bit inactive in places and I tire more easily than i'd like to after a strenuous day or more than ten minutes of trying to learn. Much worse could have happened. To be in a coma for a fortnight and have a brain so inflamed that i was near death after a few days should have had me worse off, so as much as i mourn deeply within, i should find a way to feel blessed unreligiously somehow and thankful.

I sometimes wonder which part of my personality remained to not wish to find the person who did it and wish them punished. If i'd come across them ever i don't think i'd growl or snarl over an incident i simply cannot picture. I wouldn't offer them a warm handshake either or a creepy cuddle, unless they were hot and eager to repent. I wouldn't want them to feel bad, really, although i may be wrongly predicting that they might. Either way, time can't be reversed or physical matter reimplanted thanks to the nearing guilt of one accidental aggressor. I don't think it was the noble part of me, but the self-blaming bit, that made it through.

Anyway, i'll try not to remain too down or bludgeoned by a loose memory of the character, played by me, that had to sullenly loiter as his brain slowly rebuilt around him. Life goes on, whether i like it or not at times.
I'll inform of what i decide, and i suppose what i end up doing with the money, however much it ends up being.

Thanks again.
Andy

You sir, are quite a remarkable individual. I have no idea as to whether you should or should not accept. I have never been through anything as traumatic as the accident you describe. If I may venture to suggest though, from reading your posts on here and the humility and ability to accept your condition you demonstrate, I would be reluctant to concur with you that you are deficient in any way at all.

You must, I guess, feel that part of you has been taken away, but with all the obvious talents, strength of character and beautiful style of writing I suspect that regardless of any sum provided to you, you will continue to be an extraordinary person, with abilities that no amount of money can or will provide.

To make others feel humble, to reflect on their own good fortune and make people think twice about their own situation through the gift of the written word is something that will always set you apart from the mediocrity around you.

A remarkable chap. The very best of luck to you.

 

[Couldn't Be Hyypia]

One of the most eagerly read NSC posters. I hope it all works out for you and as some have said

Sent from my field radio

 

[Couldn't Be Hyypia]

Write that book.

Sent from my field radio

 

[Vegas Seagull]

Take it
Think of the amount in hard cash & what you can do with it going forward not speculating on a possible extra amount (minus fees, time & mental anguish)
If you didn't already own a flat you shouldn't expect any compensation to buy you one
Sometimes in life the first offer CAN be the best one & maybe the only one. Are there not many places in the World where you may have got zero?
Best of all it can be put to bed & that may be worth as much as the settlement figure in itself

 

[Marshy]

What i cannot get over still is how long this has taken !

 

[stss30]

I had no idea mate. Best of luck whichever option you take

 

[Lokki 7]

Some excellent advice on this thread already so I have little to add except my best wishes Meado, and my hope that it is sorted sooner rather than later so that you have one less issue to stress over. It really is very disappointing that you have to go through this process for so long on top of everything else.

 

[Mellotron]

One of the most eagerly read NSC posters. I hope it all works out for you and as some have said.

This.

 

[SK1NT]

It sounds like you have really been through the mill and i wish you the very best outcome... However much 85k is... from what i have heard, do not feel it is enough for what you have been through and suffered... Yes it will pay the property off and make your life better down the line however you don’t know the repercussions of the accident (sorry to be grim) you may need that few thousands as a nest egg to survive on whilst you undergoing other treatment, for an example.... If that have offered 85 odd i reckon 120 – 150 is very feasible.

As many have said on here the first offer is an opening bid... they never deal on the first round on deal or no deal

Good luck mate

 

[drew]

First of all, the best of luck in which ever direction you chose to take.

With regard to some of the advice, I think your second detailed post put into perspective the dilemma, in particular whether an arbitrator would accept there was an accident in the first place. As I understand it, you cannot take the MIB to court as this is merely a compensation agreement between insurers and the Government. Levels of compensation are based on what is achieved in normal court cases in (respect of the level of injuries however, as with a court, other factors are taken into account to reduce the compensation, eg not wearing a helmet and in this particular case, the element of doubt whether you fell or were hit (I'm not questioning you, just stating the elements the arbitrator would consider) although it does strike me as odd that someone who hit another person who had already fallen into their path would do a disappearing trick unless of course they were drunk or something similar.

Without being critical of the poster whose wife is a claims adjuster (presumably Aviva at Worthing!!) you cannot threaten court action against the MIB as they were not the party that caused the injuries.

 

[Mr Blobby]

Its a tough call. When I lost my eye in Turkey I went through a similar thing, but the impact on me was nowhere near as serious as on you. Mine was more difficult as nobody ever arrested for the incident, but I sued the Turkish FA and was advised to accept a figure they came up with and much to my disgust had to sign a disclaimer that they were not to blame (but the unfound individual was) and once I had accepted the claim that was the end of the matter. I had a real internal battle as to should I reject the offer and go back for more, but in the end wanted to put it all behind me and get on with my life (I was off work for over 6 months and I would say it took me about a year to get back to "normal"). I was lucky in that my employer at the time kept me on full pay (they didnt have to) and I also got some money from my travel insurance, but for me money was not the issue but getting justice, which I never achieved. As you can perhaps tell I am still in many ways bitter about it, but thats life I guess! Its not stopped me from doing anything so in that respect in did not "change" my life (although I did get to go on football focus and breakfast TV!!!)

Not helpful really, but for MB its all about can you put this behind you and would accepting the cash be another step forward, or will you always be left thinking "what if I had done this/that".

 

[PILTDOWN MAN]

Have you received any benefits while recovering? My wife was in a similar position, but different type of accident, which exasperated her already debilitating illness. She is now disabled. She received a similar sum to your offer but had 40000 taken back to pay all the benefits.

 

[sydney]

So today i had word of the compensation the Motor Insurance Bureau are willing to offer me after being run over all those years ago in a hit and run. The amount is £130k. I lose 15% as apparently i wasn't wearing a cycling helmet at the time. And i lose another 20% to my solicitor. So that leaves me with £84k. The solicitor had put on the schedule that i should receive £392k.
The options for me are to accept, whilst the solicitor tries to push it up a few grand by pointing out certain parts that they have forgotten to include, or take the risk of having it handled and reassessed by an arbitrator. The latter means maybe losing £50k of what i have been offered. Or gaining so much more, depending on the person/judge i get, i suppose.

I have six weeks to decide. It's no where near as much as i had hoped for as i'd wanted enough to go part-time and have myself re-educated with a chunk of knowledge i lost thanks to the accident. But then how much am i as a person worth to want more cash for the few pounds of flesh i'd had taken from me, and how can i expect someone to prove i deserve it back.

I know i need to speak to my solicitor and those around me, but i find it all abstract and upsetting to accept a value of the lost parts of me combined with the deadening of my unproved potential. They want a decision from me, but i don't know what is right with this or what i am meant to feel.

I dunno. Probably just getting a thought or two off of my head.

Hi mate , a similar thing happened to me 10 years ago ,i had a bad accident on council land , no vehicles involved just a bit of miss-management and a f***ing lot of bad luck , they offered me 80 k (dollars) after much thought ,(my wife didn't have the guts to go to court about it and after visiting me in hospital for 4 months , bringing me decent food and basically wiping my arse for me at home for almost a year) i rang my lawyer and said " tell them i will take 200 k as a final settlement ,walk away, they will never hear from me again" i eventually got 170 k ........a lot of which went on medical bills , over 50 k actually . it may pay you to get an appraisal by a "big -wig"to wave at them ......it might cost you a grand but it might earn you an extra 25-30 k ...........it's all down to the insurance companies in the end mate .......good luck...!! feel free to pm if you want.... dont wanna drag all my shit out on here.

 

[Meade's Ball]

Have you received any benefits while recovering? My wife was in a similar position, but different type of accident, which exasperated her already debilitating illness. She is now disabled. She received a similar sum to your offer but had 40000 taken back to pay all the benefits.

No, no benefits. I had a month on the disability, i think, but in general my work was helpful and my job not intellectually demanding enough for me not to go back in and struggle through until i was well enough to seem normal.

Sorry to read of the wife.

 

[sydney]

having read back , my predicament was different to yours from an insurance perspective.......all i would say is don't go for the first offer..........good luck mate.

 

[Flex Your Head]

One of the most eagerly read NSC posters. I hope it all works out for you and as some have said... write that book

Hear hear to that.