being sued for personal injury claim by no-win no-fee solicitor

whothrewthat_2

Good on you Mrs Dee for standing up for the little guy!

A similar sitaution almost happened to me last year and it was horrible. An older women (who might have also been drinking because she was acting very, very aggressively and irrationally) whose dog attacked my dog (her dog was off the lead running around totally out of sight of its owner) claimed that it was the other way around. She didn't see the incident, I did. When I tried to explain to her what happened whilst trying to back away to separate the dogs so as to diffuse the situation, she came after me shouting and swearing at me for not being responsbile. I was stunned when clearly it was the other way around. At this point, I tried to just walk away but she followed me and carried on her rant. I was really concerned that she would file some kind of legal action against me as it seemed she really wanted a confrontation of some kind. I reported the incident to the police who said that a dog-on-dog incident was not their concern, only if the dog had bitten a human would they get involved. They did advise me that her behaviour had been anti-social and that in future to take a witness with me when I walked in the area in case she started anything again. I was gutted that this had happened as it totally ruined my enjoyment in taking the dog out for a walk.

I saw her a few times but because OH was with me she didn't say a word. Then 10 months later I was out on my own and she spotted me with my dog, she made a bee line for me and when she saw me turning around and walking away she shouted 'oh running away again are you, rather than facing up to how viscious your dog is' (add explitives in here). I was furious as I realised what her game was. I walked back and put the dog in the car and stood there shaking. I was soooo angery as I realised that she was nothing more than a bully. So I walked back to find her (without the dog). Eventually I did, so very calmly I walked up to her and stretched out my hand and said 'this is a recording device, it is recording every word said so that I can use it in evidence' Then I explained what had happened with the dogs, that I had been to the police and that had been advised on her anti-social behaviour, that if anything occurred again I would press charges and that I am building evidence to support my complaint (gesturing at the item in my hand). I told her that I would not accept her behaviour and that in future if we saw each other we were to turn around and walk in opposite directions. She tried to butt in with swear words, threats but I carried on talking and ignored her. When she realised she wasn't winning she turned around to walk away. I ended with saying that I considered the issue finished.

As I walked away I was on cloud nine. I was really walking tall thinking that I was proud of myself for standing up for myself in a calm and confident manner. I think it must have shocked her that I stood up to her and I suspect that she was used to bullying others and getting away with it. Ever since then when she has seen me she hasn't said a word but turns around and walks away. I do realise that this was a risky strategy as it could have back fired on me, but sometimes for your own self esteem you have to stand up for yourself.

The funny thing is that the recording device was actually my Walkman MP3 player!!! But clearly she didn't know that

Looking back I honestly think she was trying to set me up for some kind of claim. It just seemed such an over the top response that didn't ring true. EIther that or she was simply nuts, which I don't believe as she clearly avoided a confrontation when my OH was there and waited 10 months to have another go.

I wonder whether it is the same person?!?

wannabe_sybil

The reason the solicitor is being so aggressive is that most insurers will consider whether if it is more cost efficient to just pay up even if it is a case that they would win. Cost to shut up the solicitor may be eg £3k, but the cost of a big case may be much more.

Someone like yourself acting on your own is more likely to stick to principle and not pay out on a speculative claim. They are less likely to get money from you than an insurer.

I hope it all works out for you.

vaio

Insurance companies do this sort of thing on a pragmatic basis.

Overly simplistic but consider a 50/50 claim worth say £3k.

If they go to court and win it costs nothing as the other side will pay all costs.

If they lose then they have to pay the £3k plus two sets of lawyer fees at say £5k so £13k total. As it’s a 50/50 case then on average it will cost them £6.5k so anything less than that is a result. Keep principles out of it (which insurance companies manage easily) and the sums show it’s better to just pay a £3k claim even if you have a 75% chance of winning in court.

What really really surprises me in this case is that the insurance company seem willing to expose themselves to the potential costs of a lost court case without ensuring they have professional representation in court.

zzzLazyDaisy

vaio wrote: »

What really really surprises me in this case is that the insurance company seem willing to expose themselves to the potential costs of a lost court case without ensuring they have professional representation in court.

I have to say that surprises me too.

Normally, in my experience, the insurer will insist on taking over the case, as otherwise they have no control over what happens, and could end up footing the bill. I suppose it depends on how much the claimant is looking for.

If it is a minor injury and the claim is for less than £1000 then the case will be in the small claims court and the insurer will probably be more likely to let the OP run with it, as the risk to the insurer is fairly low.

vaio

zzzLazyDaisy wrote: »

I have to say that surprises me too.

Normally, in my experience, the insurer will insist on taking over the case, as otherwise they have no control over what happens, and could end up footing the bill. I suppose it depends on how much the claimant is looking for.

If it is a minor injury and the claim is for less than £1000 then the case will be in the small claims court and the insurer will probably be more likely to let the OP run with it, as the risk to the insurer is fairly low.

I didn’t think PI could run in small claims but even if they can I certainly can’t see an ambulance chasing lawyer going that way as they won’t get paid.

Back to the actual case, given the OP dog has history of aggression I can only see this going one way once the insurance company get involved.

zzzLazyDaisy

vaio wrote: »

I didn’t think PI could run in small claims but even if they can I certainly can’t see an ambulance chasing lawyer going that way as they won’t get paid..

Yes, the small claims court can deal with PI claims up to £1000. No win no fee lawyers can still conduct cases in the small claims court - if the claimant is entitled to legal advice and assistance, they will write letters and give advice, but they are unlikely to go so far as to represent the claimant in court, because there is no legal aid for representation in the small claims court.

I agree that it is more likely that the case is proceeding in the county court for a higher sum than £1000, but if OP can confirm this, it would be useful.

mrsdee

whothrewthat wrote: »

Good on you Mrs Dee for standing up for the little guy!

A similar sitaution almost happened to me last year and it was horrible. An older woman...

Looking back I honestly think she was trying to set me up for some kind of claim. It just seemed such an over the top response that didn't ring true. EIther that or she was simply nuts, which I don't believe as she clearly avoided a confrontation when my OH was there and waited 10 months to have another go.

I wonder whether it is the same person?!?

My goodness that actually sounds far more worrying as she sounds like she could have been quite violent towards you! Well done on being so brave and taking up the issue with her to a successful conclusion! I hope to goodness not same woman as mine!!

mrsdee

zzzLazyDaisy wrote: »

Yes, the small claims court can deal with PI claims up to £1000. No win no fee lawyers can still conduct cases in the small claims court - if the claimant is entitled to legal advice and assistance, they will write letters and give advice, but they are unlikely to go so far as to represent the claimant in court, because there is no legal aid for representation in the small claims court.

I agree that it is more likely that the case is proceeding in the county court for a higher sum than £1000, but if OP can confirm this, it would be useful.

hi, they are looking to go to Multi-track (?), not small claims. Total amount they suggest £14K, of which actually only about £3K is what the other party is claiming as actual damages. I guess the rest is solicitors fees!
In any case, have spoken to insurance company today, and they will handle from now on as it has escalated beyond my comfort zone (have received Allocation Questionnaire from Court which needs completing and returning). They have copies of absolutely every bit of correspondence and so I will now wait and see what the outcome will be. Thank you to all of you who have not only offered very useful advice but much welcomed moral support as well. I appreciate it.

Horace

Fingers crossed for you MrsDee

zzzLazyDaisy

Let us know what happens! :beer: