The shoddy roadworks have now been repaired and the electronic 50km/h and temporary 60km/h signs removed.
Despite TMR admitting it knew about the problem, Stephen is reticent to sue for his costly medical bills expected to total about $5000.
“I investigated lodging a claim with TMR, but I could see how it could end up costing me more money,” he says.
“I am aware there is the no-win, no-fee option, but that does not include the specialist medical report, costing me about $2000-$2500 and a road expert report for about the same amount.
“So I’m required to spend another $5000 even before we lodge a claim.
“I can’t claim damages for the motorcycle as that is insured with Shannons, so the only claim I have are my medical expenses, and they’re about $5000.”
Stephen says TMR requires having legal representation for any claim, so he could face their costly legal fees as well.
“The problem with no-win, no-fee, as I understand it, is even if TMR settle, the lawyers’ fees, currently at $600/hour, come out first, so if the TMR settle for, say, just my medical expenses, that may not be enough to cover the lawyers’ fees,” he says.
“I have decided to just accept it happened and get on with recovery.”
Stephen says he has been a “model patient” and will get clearance from his surgeon shortly to start rehab.
“It looks like it will be a three-month process,” he says.
“I am going a little stir crazy, but my wife tries to ensure I either get out for a while every day, or someone comes to visit.
“Apparently I won’t be back on my motorcycle until April and my newly restored 1985 Yamaha SRX600 with only a kick start will have to wait until mid next year.
“Fortunately I love walking, walks of 20km are ideal, so I will be building myself back up to those again.”