Car accident compensation

OnanTheBarbarian

All that has to happen in relation to the 3 year issue is the commencement of court proceedings so that the claim does not become "statute barred" under the Limitation Act.

Once proceedings are issued before the 3rd anniversary of the date of injury or knowledge of injury, the party then has up to 4 months before the proceedings have to be served on the Defendant.

When a party is still in receipt of treatment or it is not possible for medical experts to yet reach a final opinion & prognosis the claim can either be stayed with the consent of the parties and agreement by the court, or an initial interim payment can be made and the court then issue directions as to the future steps that may be taken by the parties.

In very serious injury cases, such as brain injury or life long debilitating injuries where it can take many years to ascertain what state the Claimant may be left in permanently there can be provisional damages awards made by the court, whereby a payment is ordered for the items of claim that can be agreed, plus a general pay out towards the injury compensation element, with the provision that the parties appear again before the court in a year or so time to see if a final settlement can either be agreed or assessed by the court.

bigjl

Driving on trade plates on the traders insurancd may be your issue.

As most trade insurance only allow demonstration drives not driving home after purchase.

And your old policy is no good as the car you were driving belonged to you so no 3rd party cover for driving other cars.

I do wonder if this may be the hold up.

You are clearly not at fault but Insurance Companies do look for a loophole to avoid paying.

bigjl

darkmatter666 wrote: »

It matters not whether they were insured or not. The third party is to blame so they would have to pay put even if the op wasn't insured so stop scaremongering.

Stating facts is not scaremongering.


Read my post again.

Perhaps ask an adult for assistance.

How many names have you posted under now?

dacouch

missjaq17 wrote: »

ive had to reply on trains n taxis ever since

Maybe this is the cause of the delay, the reception on a train is really poor on a mobile

missjaq17

Very much doubt the delay is because of trains, not handy when your work is 60 miles away then trying to get home late at night when there is no service and you cant face driving because some maniac overtook a lorry oh a blind corner and nearly swiped you out. It sticks with you, i was insuranced that was never the issue, i had my own policy so could drive third party, but the car dealer had it insured or it wouldnt have moved.

I just wanted it resolved, but nearly three years later im still waiting, the knock on affect is every lasting.

Thanks everyone for your posts.

Really helpful

BeenThroughItAll

missjaq17 wrote: »

i was insuranced that was never the issue, i had my own policy so could drive third party

Regardless of this case - you need to understand that unless your policy is in a tiny minority of expensive gold-standard 'drive whatever the heck you like' policies, your insurance would NOT have covered you third party on a car you had bought.


In 99.9999% of cases (exaggeration, but it's most of them), driving other cars cover ONLY applies to a car that is NOT owned by you, and only when the vehicle is already insured by the person who DOES own the car.


If you were driving home having bought the car, it's yours. Ergo, DOC cover would not be valid.

missjaq17

Thanks but i wasnt driving on my insurance i was driving on the car salesmens insurance, its not the insurance that is the issue, i recieved my money for my new car in a week, its the hold up after my medical that is the issue and my loss of earning, not the insurance, all i asked was why is it taking so long to be closed.

The driver pled guilty to dangerous driving, my car that was written off was paid out, its just the compensation for my loss of earning which were 1500 for the week i couldnt work, and the fact i had whip lash delay in medical assessment due to my work as its not onland.

But thanks everyone for covering this post, im sure it will be helpful to anyone who is still waiting.