Car accident compensation

missjaq17

Hi anyone help here, i had a car accident in june12. Id just bought a car and had to borrow to pay for it, a driver overtook a lorry on a blind corner and ploughed into me, my car was a right off, only had it on the road 5 minutes, i got a cheque within a week for the car but i still had to buy another car. If my son had come with me that day he would have been killed, i suffered whiplash bruised face from air bag and was in shock, ive only driver 3 times since then, dont have confident, i had to take a week off my work, as im in a job that takes me out of the country i onky got my medical in jan this year, dr sent off report and they wrote back to say they couldnt price my claim without a recovery time, my dr replied thst it took 6 months for my neck to recover, and the fact ive been unable to drive, he put me on waiting list to see a therapist to get me back driving, iv held my licence fir 25 years had protected no cliams etc, this medical was 3 months ago id ive heard nothing, my claim runs out this june, im in scotland solicitors are based in england. What is the process? The driver was prosecuted for dangerous driving, and there were lots of witnesses including a police officer. Can anyone best advice me as to what is going on. Thanks

OnanTheBarbarian

Where did the accident occur? England or Scotland?

Ask the solicitors if they are planning on either arranging the recommended CBT treatment via the medical agency they use, or if they are proposing to ask the third party insurers to fund the treatment.

missjaq17

I am getting the therapy free through my dr, the accident was in scotland, but the solicitors is in preston, they were quick at the time to pay out for the car, ive only had one letter informing me they were waiting on my dr to clarify that i had recovered, and said they would write back as soon as they had cleared the matter up, but that was in jan, im not even bothered if i have a claim, i lost 1500 in a weeks wage, and ive had to reply on trains n taxis ever since as i dont have the desired to drive, i was a wreck. It put me in a lot of financal difficulty as i only get paid for periods i work adhoc and dont if im sittingbat home.

Stevie_Palimo

If the accident happened in Scotland and you have a English Solicitor involved they will be referring the case through to a Scottish Solicitor anyway so this will cause delays with a claim.


You just need to keep chasing up with them to get it resolved.

missjaq17

Thanks its been a pain in the backside, i was driving it home on the car salesmans trade plates under his insurance, i also had my own insurance for a old car but i hadnt time to swap them around. Everything was sorted out with police statements etc it was just solely the medical holding it up, but its nearly three years. I will call them and see what the hold up is.

Stevie_Palimo

missjaq17 wrote: »

Thanks its been a pain in the backside, i was driving it home on the car salesmans trade plates under his insurance, i also had my own insurance for a old car but i hadnt time to swap them around. Everything was sorted out with police statements etc it was just solely the medical holding it up, but its nearly three years. I will call them and see what the hold up is.

Give them a call and remind them of the 3 year window to have a claim resolved in full for personal injury.

arcon5

What happens when 3 years hit if a sum cannot be agreed between the parties? Can a court claim be filed the day before and still be valid?

Stevie_Palimo

arcon5 wrote: »

What happens when 3 years hit if a sum cannot be agreed between the parties? Can a court claim be filed the day before and still be valid?

You have to of claimed within 3 years of an accident as an adult or as a child if you had a RTA at say 10 years old you then have 3 years from the time you hit 18 to make a claim so 21 to get this done, After 3 years a claim cannot be made.

missjaq17

But what will happen if it isnt resolved before june, does that mean i will get nothing, and none of my lost earnings back? Thanks

OnanTheBarbarian

All that has to happen by June is court proceedings need to be started, so what you really need to do now is have a chat with your solicitors and just ask them to explain what tasks lie ahead, whether they will be passing the matter to Scottish based solicitors or not and get them to generally explain to you in language you understand (not jargon) what is going on and if there is anything further they require from you.

Hintza

I think you need to get on with this and start quantifying your claim.

Who's solicitor do you mean (that is in England)? The other party's solicitor?

You need to get your own solicitor and get a move on.

Just an aside what would have happened if the OP was was still receiving medical treatment 3 years down the line and the claim couldn't be quantified at that time?

Would that mean the OP would seek an interim payment?