injury claim against me?

hundredk

sarahg1969 wrote: »

Did he have any passengers? Is it possible they've paid a passenger claim? It really would be very unusual to accept an injury settlement and then issue a summons for more.

Hmm, I wonder if the claimant has just realised that actually all his family were in the car too:rolleyes:

hundredk

naz101 wrote: »

nope, no passengers either.
the guy on the phone at elephant wasnt really sure but said that the initial payment was deemed as an interim payment by the claimant?

In which case it's an ongoing claim. Nothing for you to do, it's between him and elephant.

sarahg1969

hundredk wrote: »

Hmm, I wonder if the claimant has just realised that actually all his family were in the car too:rolleyes:

Gosh! Does stuff like that really happen?!

naz101

thanks guys. i have just photocopied the documents and have written my letter to elephant. i will send it all off tomorrow as next day delivery and see what happens. its just a bit scary when they send you the letter with parts for how much your income and expences are and how much you want to pay per month and stuff. not nice

geri1965_2

naz101 wrote: »

thanks guys. i have just photocopied the documents and have written my letter to elephant. i will send it all off tomorrow as next day delivery and see what happens. its just a bit scary when they send you the letter with parts for how much your income and expences are and how much you want to pay per month and stuff. not nice

That's just a standard form that it sent with all of them.

You've done everything you need to, just post it off tomorrow and then stop worrying!

hundredk

sarahg1969 wrote: »

Gosh! Does stuff like that really happen?!

To quote from a someone at work..."my bf has claimed for whiplash 3 times and one of them was real!!!":think:

Crazy_Jamie

naz101 wrote:

well i called elephant today and they were shocked as they have already paid out £3000 for backpain and the guy now wants another £5000.(no loss of earnings mentioned)

That's tough luck on the Claimant. Assuming that the £3,000 already paid out was agreed as being in 'full and final settlement' of the claim relating to the injuries (any semi conscious, let alone semi competent, claims handler would ensure that that would be in the settlement agreement) then the Claimant is unable to claim further money due to the doctrine of estoppel, and this further claim will fail as a result.

naz101 wrote:

the guy on the phone at elephant wasnt really sure but said that the initial payment was deemed as an interim payment by the claimant?

It does not matter what the Claimant 'deems' it as. If the previous payment was in fill and final settlement (and as I've already said, it should have been), then he does not have a leg to stand on. Estoppel will prevent him from getting any further money. If it truly was an interim payment, that would have been stated on the letter accompanying the payment as well, so what he 'deems' is entirely irrelevant. What is written on the previous documentation is what matters.

Of course, if Elephant have dropped the ball on this and didn't make it clear that the payment was in full and final settlement, then that's a mistake they could well pay for. But either way this is not an issue that you have to deal with. Leave it to Elephant.

naz101

brilliant!

I mean it, a really big thank you to all of you for replying. for me, getting that letter at any point would not be good but 2 days before exams?? a bit of a disaster.:rolleyes:
but you have all calmed me down, so thanks very much!:T:rotfl::rotfl::T

SolicitorMidlands

I can't believe they actually wrote to you when they have been liasing with your insurers.

naz101

i did think that was really wierd but i honestly have no idea about these things so thought maybe that was standard? not sure