I was Hit By A Van This Morning, Help Need !

gb155

rjsterry wrote:

spen666 wrote:

I am not reading it as the equivalent cost of hiring a car.

I am simply stating the wrong comparison is being used. When you did not have a car in the first place, you cannot claim the equivalent of it as damages as that is not putting you in the position you were in if the accident did not happen.

The cost of car hire may well be recoverable in the situation. That is not the same as the equivalent of car hire in the legal sense of the words.

However, it is rather irrelevant as the OP is not seeking to claim for car hire or the equivalent of car hire in any event

Well we've never let irrelevance put us off before on this Forum. What you've said is pretty clear now, and fits with my (limited) understanding of claims relating to construction contracts. So saying "if someone wrote my car off, I'd be able to claim for a hire car, so the equivalent for a cyclist is..." is the wrong way to look at it, even though it might result in the same answer. I'm sure I've still missed something.

Anyway, with all this arguing over the meaning of equivalent, I've rather shamefully not actually wished gb155 a speedy recovery, so get well soon, and hope the consequent legal stuff isn't too drawn out.

Dont worry, this has gone well off topic now LOL

Thanks tho

gb155

Evening all

Thanks for your support and wellwishing, I am starting a feel better today, my body is showing more and more evidence of how hefty the accident was and just how LUCKY I have been to be able to "walk away" from it, My recovery isnt without problems having passed out again today, the medical world assuring me its normal and my bodys way of dealing with it, I am now starting to feel more and more angry and cant wait to get on the bike to transfer my anger to my cranks, just not sure when it will be, I need to make sure I stop passing out first.

Thanks again for everything guys, your all very classy.

The Rookie

spen666 wrote:

[you said he could claim the equivalent of car hire. I say he can't.

An then say he can claim for bike hire which for a bike rider is the equivalent of car hire for a car driver isn't it - I think I was wrong, your not an arse, just stupid it seems.

Can I suggest you check what the dictionary defines as equivalent, it doesn't carry the meaning 'same'.

No more explanations for you now, your to dumb to know what your on about.

Simon

gabriel959

Get well soon mate! Hope you get your compensation - Headhunter recommendation sounds best to me

always_tyred

spen666 wrote:

I am not reading it as the equivalent cost of hiring a car.

Oh, so if you construe the statement in the way that you aren't but most others are, you wind up with the result that everyone understands is the case, and is in fact the case.

Given the context (and I also remind you that your own statements in relation to the terminology were internally inconsistent) I think your argument was pointless, since "the law" would take into consideration what would be understood. Only at the point of sumbitting written evidence or something else hugely formal would the distinction be remotely relevant. Even then, if in the context of sumitting receipted expenses, I suspect that a judge or insurance company wouldn't give a monkeys about a misplaced "of". Good grief.

The reason I asked if you were any good is not a question of knowledge or intelligentce, its a question of adaptability and pragmatism (and basic manners). If you function in a theoretical bubble, become fixated on minutii AND can't convey the relevant points to idiot lay people without 6 pages to a fro, how is that any good?

bails87

Get well soon Gaz. Hopefully you'll be back out on a new bike soon!

Is the video public, or are you keeping it under wraps until all the legal/insurance stuff is sorted?

UndercoverElephant

I've nearly had that accident a couple of times, when I've been in behind another vehicle and too far to the left of my lane. The thing is, when you're behind something, right turning traffic can't see you too well, if the car behind you is leaving a decent gap, it can look all too tempting to the impatient.

These days, I take "super-primary" in those situations, riding just about on the white line in the middle of the road. I can keep up with most traffic, so they don't seem to mind too much. I'm not saying this is what happened in your case, it just seems quite familiar.

Get well soon.

gb155

bails87 wrote:

Get well soon Gaz. Hopefully you'll be back out on a new bike soon!

Is the video public, or are you keeping it under wraps until all the legal/insurance stuff is sorted?

No Video Camera lost SD card and had run out of power anyway

gb155

UndercoverElephant wrote:

I've nearly had that accident a couple of times, when I've been in behind another vehicle and too far to the left of my lane. The thing is, when you're behind something, right turning traffic can't see you too well, if the car behind you is leaving a decent gap, it can look all too tempting to the impatient.

These days, I take "super-primary" in those situations, riding just about on the white line in the middle of the road. I can keep up with most traffic, so they don't seem to mind too much. I'm not saying this is what happened in your case, it just seems quite familiar.

Get well soon.

Crazy thing being , it was a 2 lane road, totally clear in front and behind (bizzard for that tie of day) I was in the middle of the first lane, he just didnt look, not even once

Kieran_Burns

Of course, the irony being: if you hadn't have lost all that bleeding weight, you would've bounced.

Damn.

gb155

Kieran_Burns wrote:

Of course, the irony being: if you hadn't have lost all that bleeding weight, you would've bounced.

Damn.

Of course, maybe the driver would have seen me too, if I was still 30+ stone