Settle Accident Claim or Go to Court

realshannon

best of luck to you, I am also in a similar position, after my collision in 2006. I am due to go to court in October as a split trial as the other side wont admit liability. He was driving a lorry around a blind bend overtaking and guess who was coming the other way in a very small car! luckily my car saved my life, but I have had problems and am still getting treatment for my back and neck and I had PTSD, which is horrendous in itself. I wish you well - let us know how you get on - and what solicitors are you with? love to know if its the same as mine, I am on my 3rd solicitor with the same firm

JS101

get locked up. dont give a damn. get some action for my poor famished dinky.

ran123ran_2

saversue, realshannon,

just wanted to know where i can find a specialist driving school that would retrain post accident drivers..

also, have you experienced a tingling/numbness sensation in your neck or back following the accident? almost feels like someone running their finger down your neck and middle of your back?

Saversue

realshannon wrote: »

best of luck to you, I am also in a similar position, after my collision in 2006. I am due to go to court in October as a split trial as the other side wont admit liability. He was driving a lorry around a blind bend overtaking and guess who was coming the other way in a very small car! luckily my car saved my life, but I have had problems and am still getting treatment for my back and neck and I had PTSD, which is horrendous in itself. I wish you well - let us know how you get on - and what solicitors are you with? love to know if its the same as mine, I am on my 3rd solicitor with the same firm

Thanks, I was in a small car, but partly chose it because of good safety - thank goodness. Also OP admitted liability from the start, but still taken since 2007 so far. My insurance is RAC, but don't think I can name Solicitors, all arranged by RAC, so I had no choice.
If you P.M me with the name of yours, I will let you know if the same, but there must be hundreds of them across the Country all making lots of money out of our misfortune.
Hope things turn out OK for you. My PTSD is still terrible and can't go more than a couple of miles from home.

Saversue

ran123ran wrote: »

saversue, realshannon,

just wanted to know where i can find a specialist driving school that would retrain post accident drivers..

also, have you experienced a tingling/numbness sensation in your neck or back following the accident? almost feels like someone running their finger down your neck and middle of your back?

Having some trouble finding specialist driving lessons to retrain, but I understand the British School of Motoring - BSM can provide a 2 hour assessment for £59.50 and then lessons in 4 hour blocks at £121.15 per block. So would depend on how many they/you decide are needed.

Also found a Company by Googling Post Accident Driver Training called Driven Ltd. who are going to send me a quote. They charge £299.00 +VAT for an assessment then £175.00 +VAT per half day again will send a quote after looking at recommendations. They work in most areas.
Hope that helps.

realshannon

ran123ran - yes I have had such sensation so you are not alone. It does depend on you, your health, the impact, speed etc etc. Mine has settled but I still get it, sometimes I dont know why and its now 4 years on. Its nerve pain apparently. I am still having treatment and still waiting to go to court. But will get there, I am sure once it is over, the case, it will make me feel better, its like a dark cloud lurking. I am optimistic tho honestly! As far the driving lessons go, I wasnt keen but it was suggested but as case hasnt been settled, I havent the money to do them. But I saw a couple of ads in the local paper, well known firms, and discussed with them. It seems most do them but not in a L car and apparently it is a totaly different type of lesson, which was a relief. I did think I would be patronised a bit, like it was my fault. Others suggested I go to the local driving instructor skid pan, but I really dont think my neck and back would appreciate that let alone my nerves! shame, pre accident it may have been a bit of fun and interesting - any Qs just ask, if I can help, I will

realshannon

also, I have a TENS machine which I use almost every day, got it via Physio NHS, brilliant but apparently a bit like Marmite, love hate thing. I was able to try it for 3 months before I bought it but it is a better bit of kit than in shops.

Saversue

Yes,I also have nerve pain and sometimes use a Tens Machine. some times it helps, sometimes its just a nuisance. You can only try one and see if it helps you yourself. Hospital Physiotherapists usually lend you one for a couple of weeks after which you have to buy your own. I have lost a lot of sensation of the nerve sensation in my leg and get the most terrible Sciatica, my ankle doesn't move properly causing my foot to drop and trip me up when I walk, so need a stick. I also have constant pain in my head,neck and shoulder and boy do I have to take a lot of tablets every day. But I am determined to be able to drive again.

BodyShopBabe_2

Saversue wrote: »

I have actually managed to speak to my solicitor today and used loads of advice given.

She agreed that the offer did not take the further treatment recommended into consideration and is going to ask Counsel's opinion on the award.
I have to provide quotes on how much the driving lessons will be with an expert to retrain after an accident) as she doesn't know. but the cost of 12 CBT sessions of one hour is £1920 - outrageous!

Apparently settlement is usually for half the therapy costs only, as once awarded there is no control how you spend the money.

Things seem to be more urgent now as we are coming up to 3 years and that means papers have to be issued for Protective Court Proceedings. I have never heard of this, but told not to panic, may just get some papers to sign? Something about to ensure case can go to court after 3 years if necessary.

Hi sorry to hear of your accident. Do not worry about protective court proceedings being issued. This simply means that your claim needs to be registered with the Court which needs to be done within 3 years from the date of the accident. It is likely to be another 12 months or so until you get a Court date.

I am a bit concerned that your solicitor feels the need to obtain Counsel's advice on the level of damages being offered - she should be qualified to value such cases of modest value. This is what she is being paid for after all!

I have worked as a personal injury claims handler for 10 years and have never heard of only offering 50% treatment costs. If a medical expert has recommended treatment the other party's insurance company should pay this in full. Whether or not you decide to take out the treatment is your own decision - you can spend your compensation on whatever you like.

Hope this helps x

Crazy_Jamie

Saversue wrote:

Things seem to be more urgent now as we are coming up to 3 years and that means papers have to be issued for Protective Court Proceedings. I have never heard of this, but told not to panic, may just get some papers to sign? Something about to ensure case can go to court after 3 years if necessary.

This is nothing to worry about, as BodyShopBabe has said. The reason behind this is that limitation will run out on your case three years from the date of the accident, so Court proceedings will have to issued before then to ensure that you can still put your case through the Court if necessary. The things for you to sign will probably be a Claim Form and Particulars of Claim; entirely standard when issuing a civil claim. There will be a little more urgency on the part of the Defendant because ideally the Defendant won't want this to proceed through the Courts, as it will ultimately lead to a higher costs bill. BodyShopBabe is right in that you will get a Court date a bit further down the line, but realistically from the sounds of things your case should settle without the need to go to Court. There can be no guarantees of that, though.

BodyShopBabe wrote: »

I am a bit concerned that your solicitor feels the need to obtain Counsel's advice on the level of damages being offered - she should be qualified to value such cases of modest value. This is what she is being paid for after all!

I would imagine that the issue is the pre existing condition; coupled with the level of treatment being recommended this does perhaps push the case to a level of complexity that would require Counsel's opinion. I would tend to agree that in a case of this value Counsel's opinion wouldn't ordinarily be required though. It is also quite possible that Counsel's opinion is being obtained to effectively wave in the opposition's face to 'aid' settle negotiations.

BodyShopBabe wrote:

I have worked as a personal injury claims handler for 10 years and have never heard of only offering 50% treatment costs. If a medical expert has recommended treatment the other party's insurance company should pay this in full. Whether or not you decide to take out the treatment is your own decision - you can spend your compensation on whatever you like.

I agree. If courses of treatment are recommended by medical experts and agreed by both sides then they form part of your future losses and should be paid in full.