accident settlement - advice please

romeopppxxx

Hi
I had an accident in a hotel 3 yrs ago and on the 3rd June this year we agreed a settlement figure. However the insurers are not paying!!
Twice they have claimed that the cheque has got lost in the post. My solicitor has asked them to make a BACS payment which they have agreed to 10 days ago but still no money!!
My solicitor has threatened to charge interest but still no joy, does anyone know what we can try next please?
Thanks

Quentin

If you have a solictor on the case he should sort it for you! (Using the courts if necessary)

romeopppxxx

The solicitor doesnt seem bothered, she just accepts their excuses and says wait a few more days, trusting they will keep their word but they dont!
I wis I could phone them myself!!

Quentin

Complain to your solicitor in writing if you aren't happy with their service.

romeopppxxx

Thanks for the advice but that wont make the insurers pay up though!!

Quentin

No - but it will hopefully give your solicitor a kita and things will get moving.

mattymoo

It is possible that your solicitor already has the cheque but is trying to sort out their costs issues with the other side and holding onto the cheque as a bargaining tool.

Out of interest, have legal proceding been issued to protect your position? This has to be done within 3 years of the accident unless you were under 18 when it happened.

romeopppxxx

please can you explain what that is?

Also I have no way of knowing if they have got the cheque - its really frustrating
Thanks for your help

Quentin

It's a red herring in your case.

Your claim has to be instigated within 3 years of the incident, or from when your injury became apparent. Which you and your solicitor have done.

Troubled_Joe

Quentin wrote: »

It's a red herring in your case.

Your claim has to be instigated within 3 years of the incident, or from when your injury became apparent. Which you and your solicitor have done.

Proceedings need to have been issued, just starting the pre-action protocol will not save a limitation-barred claim.

Having said this, if the accepted offer was made under Part 36 then the OP will be safe.

Troubled_Joe

mattymoo wrote: »

It is possible that your solicitor already has the cheque but is trying to sort out their costs issues with the other side and holding onto the cheque as a bargaining tool.

This wouldn't be a bargaining tool as the cheque will have been payable to the OP and not the solicitor.