Road Traffic Accident Gone Wrong... Help!

System

Thanks for the reply Crazy Jamie.

Your confused? So am i.
I have been very upfront and honest to my solicitor and told him everything to the best of my knowledge.
And nothing has made a difference over the last 5 years.
Third party has even done surveillance on me, to the extent of invading my personal and partners life and also following me when driving to the extent where i have been under duress.
The latest evidence of the website has stumped me, i even asked my solicitor where does this all end? Basically i'm all over the internet from helping run a on-line games company to creating motorcycle stunt films etc. All this happened and ended well before my accident. I told my solicitor if he wants to know my full life history im willing to tell but it's all not relevant as its prior to my accident.
Other party dont seem to have nothing on me and have really dug deep in the past and the latest evidence is all they have which is well exagerated that i have indeed been working and running a business.
Most of what they have found is not related to me but is my partners business of running a online pet store etc.
But i feel my solicitor is simply or already has held his hands up.

As i have already been told and by others and you have also mentioned...
Surely im still entitled to compensation for injuries?
The argument for loss of wages from work was only a claim for 1.5 to 2 years loss and this was according to my medical report and not to go back to heavy engineering, so this brings me from 2004 to 2006 only which im happy with.
But other party are using latest evidence dated from 2007 more than a year later saying that i am able to work in another role.
I have never said that i cant, its just simply medical problems stopping me from getting employed at the moment.
Im not making a claim past 2006 for a loss of anything, Its all complex and would take many nights to explain all this to be honest.

Other party did make a Part 36 offer of £10k back in 2007 which has long been forgotten (21 days to accept).
But at the time taking injuries, loss of wages and debt into consideration it was turned down.
Solicitor told me that the other side will now no longer accept any form of offer as they want to reclaim their costs from me and hoped for me to withdraw my claim.
Then my solicitor decided to ask me to withdraw my claim in a round about way.
He then quoted some techincal jargon about i will not be covered by AUP insurance?
I really need to look into this and look at the 'no win, no fee' documents i signed at the beginning.

Well...
Tomorrow is going to be a big day, im going to court early to see the clerk and to try and get this case/trial adjourned.
Don't think my current solicitor will like it, but what choice do i have?
They wont comply and im not even sure if he would turn up to court.
Will try and speak to the senior partner to see if anything can be salvaged but all seems that they will not budge!
I don't even feel that i can now trust them, as said they seemed to loose interest a while back now.
Going to request all my paperwork from current solicitor and if i do get all files, its off to find another solicitor for a second opinion.

Thanks all once again... any ideas or advice would still be grateful.

Brooker_Dave

[Jay] wrote: »

Thanks for the reply Crazy Jamie.

Your confused? So am i.
I have been very upfront and honest to my solicitor and told him everything to the best of my knowledge.
And nothing has made a difference over the last 5 years.
Third party has even done surveillance on me, to the extent of invading my personal and partners life and also following me when driving to the extent where i have been under duress.
The latest evidence of the website has stumped me, i even asked my solicitor where does this all end? Basically i'm all over the internet from helping run a on-line games company to creating motorcycle stunt films etc. All this happened and ended well before my accident. I told my solicitor if he wants to know my full life history im willing to tell but it's all not relevant as its prior to my accident.
Other party dont seem to have nothing on me and have really dug deep in the past and the latest evidence is all they have which is well exagerated that i have indeed been working and running a business.
Most of what they have found is not related to me but is my partners business of running a online pet store etc.
But i feel my solicitor is simply or already has held his hands up.

As i have already been told and by others and you have also mentioned...
Surely im still entitled to compensation for injuries?
The argument for loss of wages from work was only a claim for 1.5 to 2 years loss and this was according to my medical report and not to go back to heavy engineering, so this brings me from 2004 to 2006 only which im happy with.
But other party are using latest evidence dated from 2007 more than a year later saying that i am able to work in another role.
I have never said that i cant, its just simply medical problems stopping me from getting employed at the moment.
Im not making a claim past 2006 for a loss of anything, Its all complex and would take many nights to explain all this to be honest.

Other party did make a Part 36 offer of £10k back in 2007 which has long been forgotten (21 days to accept).
But at the time taking injuries, loss of wages and debt into consideration it was turned down.
Solicitor told me that the other side will now no longer accept any form of offer as they want to reclaim their costs from me and hoped for me to withdraw my claim.
Then my solicitor decided to ask me to withdraw my claim in a round about way.
He then quoted some techincal jargon about i will not be covered by AUP insurance?
I really need to look into this and look at the 'no win, no fee' documents i signed at the beginning.

Well...
Tomorrow is going to be a big day, im going to court early to see the clerk and to try and get this case/trial adjourned.
Don't think my current solicitor will like it, but what choice do i have?
They wont comply and im not even sure if he would turn up to court.
Will try and speak to the senior partner to see if anything can be salvaged but all seems that they will not budge!
I don't even feel that i can now trust them, as said they seemed to loose interest a while back now.
Going to request all my paperwork from current solicitor and if i do get all files, its off to find another solicitor for a second opinion.

Thanks all once again... any ideas or advice would still be grateful.

No great surprise that our economy is in tatters with all these claims for compo etc.

If your ambulance chasing brief is ready to throw in the towel, your case is obviously weak at best, give up too.

The insurance compaines are sick of all these claims and play hard ball now.

Crazy_Jamie

It looks like the Part 36 offer might well be the reason why your solicitor is advising you to withdraw from the claim. Again, this is only a theory and I don't know anywhere near the information that I need to, but if a Part 36 offer was made of £10,000 then you need to 'beat' that offer (i.e. get more than that at trial) in order to get your costs. If you don't beat the offer then you become liable for the other side's costs even though you technically win, and in a case that's been going on for five years their costs will be substantially more than £10,000 in all likelihood. The double whammy is that under Insurance Law if your dealings with the websites amount to material non disclosure, the insurance policy becomes non enforceable. But again, I would stress that this is all speculation on my part. Even if you ditch your solicitor you have to ask for reasons why they're advising this course of action, which they should have given you anyway. Even if you withdraw from the claim by filing a Notice of Discontinuance, that would make you liable for the other side's costs up to this point, so all options should have been considered in depth here, and you should be kept informed.

Brooker_Dave wrote: »

No great surprise that our economy is in tatters with all these claims for compo etc.

If your ambulance chasing brief is ready to throw in the towel, your case is obviously weak at best, give up too.

The insurance compaines are sick of all these claims and play hard ball now.

It wouldn't be prudent it get into a long discussion about this post, so I'll be brief. First, personal injury claims have nothing to do with the recession. Even if the number of frivolous claims goes up, that is a consequence of the recession and not the cause. Second, just because his solicitor has advised him to withdraw it does not mean his case is weak. Third, insurance companies have had to deal with these claims consistently for a long time, and are no more playing hardball now than they have been in the past.

Brooker_Dave

Crazy_Jamie wrote: »

It wouldn't be prudent it get into a long discussion about this post, so I'll be brief. First, personal injury claims have nothing to do with the recession. Even if the number of frivolous claims goes up, that is a consequence of the recession and not the cause.

They are part of the cause.

Businesses now have so much extra cost due to fake claims.

For example my insurance has risen from £580 to almost £2k in five years down to the accident managment "industry".

It's all about greedy lawyers and their greedy customers trying to get money for pretend whiplash, a condition that is not recognised in many countries where there is no compensation cultlure.

Crazy_Jamie

Brooker_Dave wrote: »

They are part of the cause.

Businesses now have so much extra cost due to fake claims.

For example my insurance has risen from £580 to almost £2k in five years down to the accident managment "industry".

It's all about greedy lawyers and their greedy customers trying to get money for pretend whiplash, a condition that is not recognised in many countries where there is no compensation cultlure.

Last I checked Woolworths, Zavvi, Whittard, MFI, Land of Leather and Adams didn't cite 'rising insurance premiums' as a reason for going to administration. Just because you have apparently prejudices against the civil justice system that cause you to believe that it's responsible for the downfall of the economy, it doesn't make it true. Truly fraudulent claims remain a very tiny minority of the total claims made. They always have been and they always will be. Unless you are actually attempting to argue that whiplash doesn't exist, something that is not going to help your credibility in any sense.

In any event, me and you have this discussion doesn't help the OP. You've said your 'anti perceived ambulance chaser' bit, so if that is all I'd suggest that we leave this discussion for another time and another place. If the lure of internet 'dignity' requires you to reply to this to get the last word in in this thread then so be it, but unless something constructive is added I won't be affording you anymore attention here. If you want to continue this via PM or through making a thread about it in a relevant forum, then by all means go ahead and I'll be happy to carry this on. But now is not the time and here is not the place.

Brooker_Dave

Crazy_Jamie wrote: »

Last I checked Woolworths, Zavvi, Whittard, MFI, Land of Leather and Adams didn't cite 'rising insurance premiums' as a reason for going to administration. Just because you have apparently prejudices against the civil justice system that cause you to believe that it's responsible for the downfall of the economy, it doesn't make it true. Truly fraudulent claims remain a very tiny minority of the total claims made. They always have been and they always will be. Unless you are actually attempting to argue that whiplash doesn't exist, something that is not going to help your credibility in any sense.

It's all a big scam, greedy lawyers and lowlifes after a payout.

"In Lithuania, the Oral Medicine, Oral Pathology and Oral surgery departments surveyed 165 people who had been involved in a rear-end car accident and contacted them 27 months after the collision took place.
At first, the study appeared to show that there was no link between rear end collisions and TMJ. Therefore, it was reported that 2.7% of those involved in rear-end accidents reported symptoms after the 27 month period compared to 3.3% of the collision free control group.
The scientists then stated: “Headache, jaw clicking, dizziness, and auditory complaints are common in the general population in many Western societies. Presumably, even if the victim had not been in an accident, he or she would carry some risk of developing such symptoms, inasmuch as they are quite prevalent in the general population. As an accident victim, and especially as a claimant, the whiplash patient is in circumstances in which excessive and detailed symptom recording is compelled. Previously un-intrusive symptoms (largely ignored in daily life) become far more intrusive after an accident, and the presumably physical (biologic) sources of the symptoms, which are not due to accident injury, may act as a substrate for the effects of psychosocial factors in the generation of an apparent TMJ after whiplash.”
They furthered that stress and financial issues can also affect whiplash:"Also to be added are the effects that anxiety, anger, resentment, and battling with one's insurance company have on symptom reporting. Finally, the possibility cannot be ignored that to the extent that TMJ symptoms after whiplash are widely publicized, insurance fraud also increasingly plays a role.""

Often the first thing people do in a minor accident is think "ker-ching $$$" and grab their neck and pretend to be hurt.

How many times have you seen trivial pile ups on the motorway, where the cars only have cracked bumpers and broken lights, yet there are ambulances and fireengines there?

Someone could be really injured or in a burning house, yet because of greedy lawyers and cheating lowlifes the emergancy services are wasting their time with the sore neck brigade.

All this freeloading is going to ruin our country.

HTH.

dacouch

Booker Dave there is an Insurance Company that handle claims in exactly the way you would like.

PM me if you want and I'll tell you their name

System

I thank everyone for all there help in this matter.

But to Brooker Dave, I simply don't have the energy to get into an argument on here and to get involved with your comment in detail.

The accident was not my fault, a taxi driver jumped a red light causing this accident at the time I was driving my motorcycle.
I have medical evidence to back my claim with serious problems to my neck and back shown on MRI scans.

But i'm pretty sure in saying if this ever happened to you or a member of the family you would just sit back and do nothing right?

SolicitorMidlands

Booker Dave - your comments are ludicrous but I can't be bothered to afford you any further comment. Crazy Jamie has summed it up very well.

As for the original poster, you cannot criticise the other side for filming you. Many of my clients are filmed - it's no big deal if you are being honest. Those that are not honest are the ones that make a big deal and call up shouting about how their privacy has been invaded.

Let us know how you get on with the court - if a previous offer has been made, has it been formally withdrawn?

I am with Crazy Jamie on this one - I think your solicitors do not think the offer will be beaten and are not willing to proceed any further on the basis that the Defendant will be entitled to claim almost 2 years worth of costs.

System

I did not have to attend the first hearing in court as it was purely a conference for medical parties which i found out from the Court and not my Solicitor.

My main trial is due in a months time.
The offer has now gone from the third party not offering a penny to now offering £5k.
But on the conditions that £5k will cover recent costs for court and medical experts fees.
And on the basis that my solicitor does not seek fees from the thrid party and vise versa.
My Solicitors fees will be paid by their Insurers 'No Win No Fee'.

The claim will then end and i will receive nothing!
5 years of battling, ongoing health issues and no monies for personal injuries received!

If i do not accept the offer, my solicitor has threatened to pull out and write to the court to leave me to represent myself.
The other parties scare tactics and case for exageration has certainly put the wind up my Solicitor to the point where he can no longer help.
I have no choice, everyone wins accept me.