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motor accident mar 08
kw80
Posts: 2 Newbie
Hi I have just registered and think these forums are great and very useful.
My friend had a motor accident in Mar 08 whilst working, the other party admitted luability and his insurance co had agreed (in writing) to pay his loss of earnings. He has since instructed a solicitor as his whip lash injuries were quite siginificant and a specialist (appointed and approved) by ins co said he could return to work Aug 09. He returned to work June 09 with full instructions from said solicitor, who now informs him that the only course of action is to go to court as the ins co are saying accept their offer (which is not even a quarter of his earnings) within 14 days or we will lower the amount! (this sounds like blackmail?) Ins co are saying his 'ankle problem' (in no relation to said accident) is why he has kept off work and that he should have been back to work within 4 months. Obviously they havent read their own specialists' report.
As you can tell not only is he fighting with the ins co but it seems that his solicitor isnt acting on his best behalf and is worried about the expnses.
We dont know where to turn - the accident wasnt his fault and yet we seem to doing all the work getting more evidence and legal entitlement - surely that is what the sol should be doing - earning their money.
Sorry for going on so but would really appreciate it someone has any input
many thanks in anticipation
My friend had a motor accident in Mar 08 whilst working, the other party admitted luability and his insurance co had agreed (in writing) to pay his loss of earnings. He has since instructed a solicitor as his whip lash injuries were quite siginificant and a specialist (appointed and approved) by ins co said he could return to work Aug 09. He returned to work June 09 with full instructions from said solicitor, who now informs him that the only course of action is to go to court as the ins co are saying accept their offer (which is not even a quarter of his earnings) within 14 days or we will lower the amount! (this sounds like blackmail?) Ins co are saying his 'ankle problem' (in no relation to said accident) is why he has kept off work and that he should have been back to work within 4 months. Obviously they havent read their own specialists' report.
As you can tell not only is he fighting with the ins co but it seems that his solicitor isnt acting on his best behalf and is worried about the expnses.
We dont know where to turn - the accident wasnt his fault and yet we seem to doing all the work getting more evidence and legal entitlement - surely that is what the sol should be doing - earning their money.
Sorry for going on so but would really appreciate it someone has any input
many thanks in anticipation
0
Comments
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Complain to the solicitor and/or get a new one?
The insurer is defending their client and we can't make any assumptions about the evidence here so I won't, but they must have some evidence to support their assertion and, under the Civil Proceedure Rules, will have to have shared this.
If the insuer is being unresaonable and the solicitor feels that they have evidence that shows your friend was off work due to the injuries sustained in the accident then let it go to court - assuming there is a conditional fee arrangement or such in place?0
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