On 24th August 2016, Colin Nicol was out with his friend riding his Triumph Street Triple R on the South Deeside Road near Ballater. He had been travelling on the B976 and was negotiating a left-hand bend when he was faced with a Volvo, heading in the opposite direction but on his carriageway. Colin had no opportunity to take evasive action and was effectively side swiped. The Volvo’s offside wing mirror struck Colin’s right shoulder causing him to be thrown from his motorcycle.
The third-party driver admitted fault immediately and passed over the insurance details. The insurance company contacted Colin and offered him some physiotherapy. They also dealt with the damage to his motorcycle.
However, realising the severity of Colin’s injuries, he was advised to instruct a solicitor and so Colin contacted Motorcycle Law Scotland in September 2016.
Colin had sustained a severe injury to his right shoulder as well as soft tissue injuries to his neck, chest, hip, thumb and leg. Motorcycle Law Scotland instructed a report from a Consultant Orthopaedic and Trauma Surgeon. A report such as this is drafted for the purpose of valuing a client’s pain and suffering indicating the severity of the shoulder injury. In Colin’s case, the significance of the injury to his right shoulder meant he would be left with permanent nerve pain and reduced movement.
Valuing Colin's claim
In valuing a claim, we look at each client as an individual and make sure that we are fully aware of the impact and potential effect of the injury both on them and their family.
Following a meeting with Colin, it became apparent that he was an extremely active individual who characterised one of his hobbies as “home improvements”. Further investigation revealed that Colin did not mean simple DIY. He renovates full properties and carries our maintenance on both his properties and his children’s. Colin is a very modest individual and it was not until further probing that it became apparent he was also able to do work such as stripping out the harling on a gable end and rebuilding the gable end completely taking it back to its original form. He had also stripped out bathrooms and kitchens and replaced them. As a retired electrical engineer, he was able to turn his hand to wiring, plumbing and joinery work.
Once we had this information to hand, the future effect of Colin’s injury became apparent. The permanent shoulder symptoms meant that he would never be able to return to such manual tasks. In turn, we instructed a Care and Needs expert to look at what equipment Colin needed around his house to ease the burden of his injury.
The result of our enquiries and getting to know Colin and his lifestyle better more than doubled the value of his claim.
By May 2018, Motorcycle Law Scotland was able to settle his compensation claim for over £90,000.