Settle Accident Claim or Go to Court

Saversue

My car was hit by a newly qualified 17 year old driver nearly 3 years ago. He came out of a side road, across the carriageway and hit me in the drivers side as he attempted to do a right turn without looking.

I suffered back injuries and Post Traumatic Stress Disorder, both diagnosed by Consultants ( including a Professor of Psychiatry) and have received treatment.
I had previous back problems which have been exacerbated and have received NHS treatment,(including two CT Scans, physio, pain management, etc) but will have lifelong mobility problems and severe pain. As I had back problems before the accident, the actual extent of damage caused is hard to prove and adds very little to the claim.

Treatment for the PTSD - £3,000.00 is going to be taken out of my settlement. But medical reports state I will need further Cognitive Behavioural Therapy and Driving Lessons with an Instructor who re-teaches people after an accident when I am more able to cope.

My solicitor, who I have never met (arranged by my insurance company and over 200 miles from my home) is now advising me to settle the claim.
The amount offered, is actually less than before the CBT treatment and doesn't include any money for the further treatment advised.

If I settle now I would be left with £6,000.00, but don't really think that this is nearly enough to compensate for what I have been through, but don't like the idea of having to go to Court or understand how it would work.
If I go to Court and don't get awarded any compensation, will I have to pay the £3000.00 treatment costs, for all the medical reports, solicitors Fees, court costs etc.
I do have Legal Protection.

I would be very grateful for any advice or information that might help.

huckster

Not an expert in PI claims, but I would suggest that you get another legal opinion before you make a decision.

It would depend on the information contained in the various medical and other reports that you have.

What I would say, is that you must ensure that you safeguard your position in regard to future treatment and any costs that arise from injuries caused or exacerbated by the accident. To do this, you might have to go to court.

ran123ran_2

I am in similar situation after a motorway accident but I did not have problems before the accident. The 3rd party first offered me £3k, then £4k, then £5k (was around march this year).

My solicitor taking them to court now as they not making further offer in light of a physcologist & orthopedic assessment confirming I'm still suffering 3 years on....and I can no longer drive & am dependent on others to drive me to places.

Is this their 1st offer?

Saversue

huckster wrote: »

Not an expert in PI claims, but I would suggest that you get another legal opinion before you make a decision.

It would depend on the information contained in the various medical and other reports that you have.

What I would say, is that you must ensure that you safeguard your position in regard to future treatment and any costs that arise from injuries caused or exacerbated by the accident. To do this, you might have to go to court.

ran123ran wrote: »

I am in similar situation after a motorway accident but I did not have problems before the accident. The 3rd party first offered me £3k, then £4k, then £5k (was around march this year).

My solicitor taking them to court now as they not making further offer in light of a physiologist & orthopedic assessment confirming I'm still suffering 3 years on....and I can no longer drive & am dependent on others to drive me to places.

Is this their 1st offer?

Thanks for the replies. Is it possible to go to another solicitor when I have been allocated this one through my insurance?
What will it be like in court, can anyone explain to me how it would work. I have no experience. It is just the defendant, me and a judge, will our solicitors and my expert consultants have to attend?

ran123ran, I am sorry to hear about your accident. It is really hard to speak to my solicitor, its always an answer phone and she doesn't ring back, still waiting for a call from last week.
I first go offered 5.5k before treatment for the PTSD, then 7.5k if I would settle before having treatment, solicitor advised me not to accept either of these. Now its 9k - 3k for the treatment I have already had, so there is no provision for any further treatment.

huckster

As far as I know the courts try to facilitate an outcome that is satisfactory to both sides and will only get involved, where they can't. A relative of mine was involved in a long running PI claim and both sides argued out their position in what was like a conference type room at the court, with a judge presiding over the discussion.

You are able to get another legal opinion, but it will obviously cost you. You can use this opinion, if it helps, to persuade the current legal people involved through the Insurance to conduct the claim in the way that you wish.

What I would suggest that you do before you go down this route, is have a full discussion with the current legal advisor assigned to your claim. Ask them how they are safeguarding any future rights that you may have, arising from the accident.

Quentin

If your insurer's solicitor is advising you to accept, then it's unlikely your insurer will fund a court case for you. Find out if they are prepared to pursue your claim further.

If not, and you still are unhappy, then you could get a second opinion from a different solicitor, then take it from there.

Saversue

huckster wrote: »

As far as I know the courts try to facilitate an outcome that is satisfactory to both sides and will only get involved, where they can't. A relative of mine was involved in a long running PI claim and both sides argued out their position in what was like a conference type room at the court, with a judge presiding over the discussion.

You are able to get another legal opinion, but it will obviously cost you. You can use this opinion, if it helps, to persuade the current legal people involved through the Insurance to conduct the claim in the way that you wish.

What I would suggest that you do before you go down this route, is have a full discussion with the current legal advisor assigned to your claim. Ask them how they are safeguarding any future rights that you may have, arising from the accident.

When I can actually get to speak to my solicitor I will ask her about safeguarding my future rights. Thanks I like the way you said that and will quote it. if thats OK. Have just rang again and got a answering machine.

Saversue

Quentin wrote: »

If your insurer's solicitor is advising you to accept, then it's unlikely your insurer will fund a court case for you. Find out if they are prepared to pursue your claim further.

If not, and you still are unhappy, then you could get a second opinion from a different solicitor, then take it from there.

Thanks, I didn't know that if they are advising me to settle that meant it was unlikely they would fund a court case. Will have to ask about that one when I get to speak to her.

I do have Legal Protection up to £50k, which my solicitor has made clear to the other party, does that make any difference?

debsy42

I had exactly the same problem. My original solicitor, arranged via my insurance company, was useless and was asking me if I wanted to settle at a figure. I had very little knowledge of the whole legal system and was relying on his advice which was non existent.

I mentioned the saga to a friend who recommended a different solicitor locally. What a whole different kettle of fish he was, I met him, went through everything that had happened and had no hesitation in swapping my case over. He renegotiated with the insurance company and I came away with three times the original offer.

I would suggest finding a local experienced PI solicitor and let him have a look and see what he thinks, no harm in trying and personally, I think that offer of £6000 is far too low....

Quentin

Saversue wrote: »

I do have Legal Protection up to £50k, which my solicitor has made clear to the other party, does that make any difference?

When they say you have £50k of legal protection, it doesn't mean they will spend that much (then stop as soon as the limit is reached - eg, were they involved in a court case and lost, then they would have to pay both sides legal costs, whereas when they win, all their costs get paid by the other side anyway).

They only provide the funds when they feel you have a good chance of winning any litigation they get involved with. (eg in your case they are happy that liability rests with the third party, but by now recommending the offer to you seem unsure whether they would get any more money by going to court).

You do need to discuss this with your solicitor before making any decisions.

mikey72

Ask your solicitor about funding, and what will happen if you instruct them, (as they are representing you, not the insurance company) to carry on to court. If they have a conflict of interest if the insurance company can veto it, it's worth calling in at a decent local solicitor if you need to, and have a chat about what would happen to the costs you could claim if you win or lose. Only they could really answer the question.