Accident not my fault, Help needed please!

[Endymion]

There is not much anyone can do until the three months have expired from the date of acknowledgement to your solicitors letter of claim by the Defendants. In fact if your solicitors continue to chase a decision on liability within the three months protocol period then it is likely that the Court will not award the solicitors costs for such letters being sent.

 

The best thing to do is get your solicitors to have all the medical evidence and a full schedule of loss along with supporting documentation ready for when the protocol period expires and if no decision on liability has been made then you can issue proceedings immediately and seek summary judgment. Unfortunately, this will mean that a further 28 days will expire but they will have to make a decision on liability by the end of this time. Then you may request an interim payment and if this is not forthcoming, make an applicaiton to court for one which should be granted so long as the amount requested is reasonable and will not be more than what you would likely to be able to recover at the end of the proceedings.

[Endymion]

hi i need some help. In january this year i was knocked over whilst crossing a crossing, the driver went through a red light. He stopped and police were present, he's admitted full liability. Anyway, i'm still off work and ive been on half pay since july, i've asked the gentlemans insurance company for some financial help and all they've sent me is £2000, i'm losing £1200 a month so i'm a considerable amount down, so much that we are paying reduced payments on our mortgage. Today it went to court to request the interim payments, well the judge has said no because we're still waiting for the results of my MRI scan which was 2 weeks ago. I dont understand his decision because i've had 3 doctors individually look at me and each of them have said that i am unfit for work. I really dont know what to do as next month i'm on zero pay. Also i forgot to mention that my wife was made redundant in July and is now temping on £6.50 an hour. cheers

 

There is nothing you can do if the Court has refused a request for an interim. The only thing that you could have done was to appeal such a decision but that leave to appeal would have had to be made at the hearing and/or within 21 days after the date of the hearing it would have to have been lodged. Only problem is, if you lose the appeal, you have to pay the Defendants costs.....

 

Best thing to do is get your MRI scan done as fast as possible and the expert(s) to undertake a report on the results of the scan and then make another application made for an interim if the Defendants refuse to make one when asked.

[Princess-zelda]

Hi Endymion,

 

My solicitor has previously written to the car drivers insurance company and they replied within the 3 months time scale stating categorically she was not involved and is not liable.

 

The Police report is new evidence which shows she was there, she was interviewed under caution and has 3 independent witness statements stating she pulled out of the junction and blocked the road I had no choice but to hit her or swerve.

 

With this report with all these witness's what would be the likelihood of her and her insurance company admitting liability?

 

I just want my surgery and rehab to get mobile again if at all possible, this has to be done privately as the NHS do not see why they should intervene and use there resources as the insurance company should pay for my treatment!

 

I would be grateful for any advice,

[Endymion]

Well, if the protocol period is up and the Defendant is not admitting liability then you will need to issue proceedings to resolve matters. You will need to have medical evidence in the form of a report from a medical expert in order to issue proceedings though - do you have this?

 

If you do not issue then the Defendants insurers can just deny liability for the next three years, irrespective of what evidence you have. In the end, the only penalty for not playing ball by the defendants insurers is to pay the Claimants costs which will obviously be a lot more than if they had settled at an earlier point.

 

It also sounds like your claim will be a fairly high value one and as such, the defendants will be less inclined to just pay up without a boat load of evidence, although it does appear you have this.

 

To be honest, it sounds like your solicitors are doing the right thing by giving the Defendants 14 days in which to give an admission of liability as they will need to send a copy of the police report off to their insured for their comments and it may well be construed as premature litigation if you didn't give them some time to make enquiries.

 

If they continue to deny liability, even after seeing the police report, then get your solicitors to litigate and then the Defendants solicitors will have to have a look at it and will probably advise the insurers and the insured to admit liability if the report and independent witness evidence is as positive to your case as you say.

[Princess-zelda]

Thank you! I have had a lot of hospital appointments and doctors appointments and have MRI scans of my knee and Spine, neck etc showing the damage and also CT scan of my spine as well. I have another MRI scan on my spine on the 2nd Feb. I am awaiting an appointment for an independent medical report this should be obtained soon I have sent all the forms off for access to my medical records.

 

I just wish the lady was a bit more honest and humane! I know it won't be easy and will take time but its just that I if I had the surgery it would make my life a bit more comfortable.

[Mossycat]

I just wish the lady was a bit more honest and humane! I know it won't be easy and will take time but its just that I if I had the surgery it would make my life a bit more comfortable.

 

I've come across this a few times, where a driver does something (like pull out from a junction) and is not actually physically involved in the accident and they somehow feel that they are no way involved or connected to the accident.

 

It could be that the other driver genuinely believes this to be the case or it could equally be that they are 'playing dumb', either way the suggestions from Endymion are totally spot on.

 

Someone needs to give the other driver a 'reality check' and the best people to do that would be her solicitors or her insurers when they have been made aware of the contents of the police report and witness statements

 

Mossy

[Princess-zelda]

Thanks Mossy! yep she needs a reality check, she knows exactly what she is doing and what she has done but for some reason thinks she is above the law and can get away with it! I know she will never experience the suffering that I am going through. I just hope that when is goes to court, justice is served.

[Endymion]

If the Defendant continues to deny liability, then once proceedings are issued, ask your solicitors to request that the Court tries liability as a preliminary issue as a matter of urgency.

[Princess-zelda]

Thank you Endymion! I will do, I think the next 2 weeks I am going to be a bag of nerves hoping she See's sense! it amazes me that with 3 independent witness's there is still a possibility that she still could not admit liability! I'm sure her insurance company will see sense once they read the police report.

[Endymion]

No problem - just keep on top of your solicitors to ensure they are moving the case forward as soon as possible. Don't let them say they are giving the Defendant 2 weeks to respond and then a month later they have still not done anything when they have received no response.

 

You might not become your solicitors most favourite client, but keeping them on their toes and ensuring that they have done what they said they would do is important.

 

Some firms also have case management systems that allow you to log on, on the internet, and see how your case is progressing. Ask them if they have such a system.

Edited January 22, 2010 by Endymion