Claim Issue

heedly

Hi every1 I need a wee bit of advice....I was in a motorbike accident in July 2011, finally I got an offer 8 weeks ago today which I accepted and my solicitor told me it would be around 3 weeks before I would get my cheque. I still have not recieved this cheque and have called my solicitor to find out when it will be with me but he just tells me its out of his hands and I just have to wait....Is there anything i can do to speed up getting the chequeor do I just have to sit and wait for it to come??

Thanks in advance

Gareth.

Crazy_Jamie

Well, two things need to happen before you receive the cheque. The first is that the other side have to pay it to your solicitor, and the second is that your solicitor's firm need to process it and pay it to you. If it has been eight weeks I would be surprised if the other side hadn't sent the cheque out yet, and therefore I expect the delay is with your solicitor's firm. Has he confirmed whether the other side have paid yet? Him saying that it is out of his hands would tend to suggest that it is being dealt with by others within his firm; if the issue was with the other side he could chase them.

heedly

Thanks for the reply, he is saying the insurance has not paid it to him yet, I'm just a bit worried that there is a problem, I have never had to claim for anything before and after he told me it will be around 3 weeks and I'm still waiting, it just seems to me that there is some issue that I'm not aware of..

BertTheRaccoon

Insurers are just terrible with paying up and usually have substantial backlogs.

Much here will depend on whether your claim was being dealt with through the claims portal (with liability having been admitted 100% by the other side) or if it is outside of the portal due to an initial liability squabble.

ON portal claims insurers have specified periods of time to make payment and they use them to the max.

On non-portal claims, if the claim was settled by acceptance of a Part 36 offer, the standard period of time for payment is 14 days. So the insurers will now be in breach of this and should be given a warning shot by your solicitor that they are already in breach of the terms of the settlement agreement and Part 8 proceedings will be issued in 7 days unless payment is received.

There is unlikely to be a problem here, other than the usual ineptitude of insurers and their stupid backlogs of work and general reluctance to use their cheque book.

heedly

Thanks again, they accecpted full responability, so I take it I'll just have to sit tight and wait....

Aw well a few more weeks wont hurt..

Thanks

Gareth

BertTheRaccoon

Make sure you push your solicitor to push them, but otherwise yeah you may have a couple of weeks to wait as a worst case scenario.

heedly

Just off the phone with my solicitor and he ahd phoned them on wednesday and they had told him to expect it within a week!!!

Result

Thanks