10 months after car crash, still waiting...

[mikeyr01]

Hi all,

 

to cut a long story short. in February of this year I had a car crash which was not my fault. I was at the front of a 4 car domino affect type collision.

 

I had legal cover on my insurance so took over my case. Since then because of my injuries I have been off work ever since. From day 1 I have had to pay for all my expenses (physio etc) and loss of earnings which has now totaled £10,000. The latest from [edit] is they are still waiting to find out blame.

 

Now, I am a patient person but to me taking 10 months to not even find blame and to make me pay out on everything seems an absolute joke.

 

Do you think it is now worth going to a no win no fee company and them taking my case over as [edit] seem to be just sitting on their hands doing nothing for me.

 

Sorry if its confusing.

 

Thanks

 

Mike

Edited December 8, 2011 by honeybee13
Removing name of firm.

[Bazooka Boo]

Even a NWNF company wouldn't be able to expedite the findings quicker.

 

And I would be very loathed to give them any money that you will be awarded for your injuries.

[mikeyr01]

I understand it will take while but to not have blame after 10 months and it costing me £10k in my own money is ridiculous no?

[Bazooka Boo]

Oh yes, I couldn't agree more, have you spoken with [edit] and asked what the delay is? Follow everything up with a hard copy of your phone call, but just let them know that your not happy, but if it was four cars, then that will be four different Ins companies, all trying their darnedest not to have to pay out anything.

Edited December 8, 2011 by honeybee13
Firm's name removed.

[kurvaface]

I take it [edit] are solicitors?

 

Did you appoint them or did your insurer?

[honeybee13]

Kurvaface, they are PI lawyers.

 

I have taken the precaution of removing the name from this thread just in case and would be very grateful if you could leave the name off future posts please.

 

OP have you expressed your dissatisfaction with the firm? Or is there someone higher up the food chain than the person you've been dealing with?

 

My best, HB

Edited December 8, 2011 by honeybee13
Adding to post.

[mikeyr01]

ok no problem.

I had legal cover with my insurance and they appointed them.

[kurvaface]

Well there you go then....your insurers will have appointed the cheapest (Get exactly you pay / or not pay for ) firm.

 

 

Perhaps you should find out if you can appoint your own solicitor.......(Unless of course you don't have FULL legal cover)

[kurvaface]

Hi honeybee...

 

Where can I find the CAG rules about naming business bodies? I've notice we can freely name and discuss debt collection companies and their solicitors, but why not in this case? I'm not bothered by it, I just wandered what the rule is or is it something that comes down to a preference of the site team or the prevailing wind?

[honeybee13]

Hi kurvaface.

 

I'm new to the site team as you may have noticed. I took advice and this was the result. I have asked if there is further information, will get back to you.

 

My best, HB

[kurvaface]

Thanks. I don't mind typing in code...just wandered:???:

[honeybee13]

I'm awaiting guidance kurvaface, haven't forgotten about you.

 

My best, HB

[kurvaface]

No worries... Don't lose your evening over it:-)

[Ganymede]

Honeybee, the last paragraph of the OP still has the firm name in it.

 

As for the OP's question, I would agree that 10 months to establish liability on a rear end shunt is too long. You need to speak with your solicitors to find out what the delay is.

 

At this stage they should have been in a position to issue proceedings by now. Has the person dealing with your case not told you what the dispute is?

 

As for your physio and loss of earnings etc, unfortunately these are uninsured losses so you have to pay them and reclaim them at the end. Although it is odd that your solicitors (who are one of the biggest PI solicitors in the country) could not arrange physio on your behalf with a company on credit.

 

If liability was admitted then you could have had an interim payment but you won't get that yet.

 

I'm not sure what you expect your solicitors to do about your loss of earnings and physio? Pay you in advance out of their own pocket?

 

As for changing solicitors, you can but you may have to pay any fees incurred so far, either that or the new solicitors would have to agree to a lien over the costs of you original solicitors.

 

As for the comment about NWNF solicitors, the good ones won't take any of your compensation or take any money off you. If you go down this route then shop around.

[sailor sam]

I would of thought that by now the OP should have had some sort of payment 'on account' after 10 months. Injuries can take longer to sort out as it takes time to assess them and the long term affect. Surely your solicitors ought to be warning of legal proceedings against the immediate TP (the one who actually hit the OPs rear end). I think you need to contact your solicitors and ask some questions.

[Ganymede]

I would of thought that by now the OP should have had some sort of payment 'on account' after 10 months. Injuries can take longer to sort out as it takes time to assess them and the long term affect. Surely your solicitors ought to be warning of legal proceedings against the immediate TP (the one who actually hit the OPs rear end). I think you need to contact your solicitors and ask some questions.

 

 

Problem is if liability is disputed (I imagine each party is blaming the other) no insurer will make an interim payment.

 

I agree though that proceeding should have been issued by now unless there is something about the accident circs the OP is not telling us...

[mikeyr01]

I dont expect my solicitor to pay for anything but me being 10k out of pocket and possibly my job is a joke. I have had my excess back so someone must had admitted liability but yesterday they told my partner that they still cannot contact the other party. it seems to me like they just arent trying hard enough and only act if hassled. Ideally I dont want to have to move it all over to another solicitor but I do want someone fighting my corner.

[Ganymede]

Speak to them and find out what the position is on liability.

 

Have you been for your medical examination yet?

[mikeyr01]

I had a 5 minute medical back in april in which the doctor didnt touch me and said within 3 physio sessions I will be ok. I have just spoken to somebody and they said I am being sent for another 1 with a specialist in london. mu case handler was busy so she is going to call me back later. she also said they see no reason that fault is being disputed but they havent had any response about an interim payment.

[Ganymede]

Ok, so you are a lot further down the line than your OP suggested.

 

So did you only have 3 sessions of physio or did you have more? Is it a problem with your back? It seems strange that the first expert didn't think your injury that serious and yet it has kept you off work for 10 months, hopefully the Orthopaedic Surgeon you are going to see supports you being off work for 10 months otherwise you won't get your lost earnings back.

 

As liability is admitted then the Defendant's insurer should make an interim payment, they just need to be chased. Usually if they didn't Court proceedings would be issued and then an immediate application be made to request an interim payment. The problem you may face is if your solicitors are happy to issue without first finalising your medical evidence.

[mikeyr01]

I had a 5 minute medical back in april in which the doctor didnt touch me and said within 3 physio sessions I will be ok. I have just spoken to somebody and they said I am being sent for another 1 with a specialist in london. mu case handler was busy so she is going to call me back later. she also said they see no reason that fault is being disputed but they havent had any response about an interim payment.

[mikeyr01]

I have had around 10 physio sessions and 20 chiropractor. The medical doctor didnt lay 1 finger on me, just asked me to move, he took less than 5 minutes and just asked questions.

[mikeyr01]

it seems like my best bet is too stick with the same company and hopefully in the meantime I will get an interim payment and have the medical soon. thanks for everyones help.

[Ganymede]

I have had around 10 physio sessions and 20 chiropractor. The medical doctor didnt lay 1 finger on me, just asked me to move, he took less than 5 minutes and just asked questions.

 

 

Unfortunately that's the way it works these days after the governments attempts to "streamline" the claims process.

 

Your medical examination is even done without the doctor seeing your medical notes/history!

[honeybee13]

Honeybee, the last paragraph of the OP still has the firm name in it.

 

Thank you Ganymede, duly edited. I haven't been on the site since you posted.