Accident Claims - Out Of Pocket

nik007i

Hi everyone!

I'm just passing by to get a bit of legal advice about a claim I made against a driver who smacked in to the back of me.

Last year I was involved in a car accident and I was getting endless calls by agencies asking whether I would like to make a claim about my recent "non-fault car accident"

They promised me that I would be not out of pocket but now I've been asked to pay up by my solicitors.

To cut a long story short, I had all my medicals through the solicitors which were referred by this agency who contacted me by telephone, and in addition I took a voluntary MRI scan. The doctor hired by the solicitors had made an assumption that my back pain was not due to the accident.

I'm really disappointed with the outcome of my claim as I'm continuously suffering from mechanical back pain and I'm still taking medication prescribed by my local doctor.

I feel really insulted that no compensation has been offered and moreover, I have been asked by my solicitors that I have to pay out of my own pocket.

When I was contacted by telephone by this referral company, I was told that I would be able make a claim regardless of how soon my back pain developed after the accident, and he reassured me that I would not be left out of pocket.

I am very upset that I'm still suffering with my back even after all the physios and scans that has cost me time and money, and to be told that I now owe them money is extremely disrespectful.

Can anyone shed any light on this and advise what the best actions are for me to take.

Thanks guys..

Nik

Quentin

The problem you have is the medical opinion. (That your injury was not caused by the accident)


Why do you say your scan was "voluntary"? Did you have something in your pre accident medical history that has caused this change of heart by the medics and the legals?

glentoran99

nik007i wrote: »

Hi everyone!

I'm just passing by to get a bit of legal advice about a claim I made against a driver who smacked in to the back of me.

Last year I was involved in a car accident and I was getting endless calls by agencies asking whether I would like to make a claim about my recent "non-fault car accident"

They promised me that I would be not out of pocket but now I've been asked to pay up by my solicitors.

To cut a long story short, I had all my medicals through the solicitors which were referred by this agency who contacted me by telephone, and in addition I took a voluntary MRI scan. The doctor hired by the solicitors had made an assumption that my back pain was not due to the accident.

I'm really disappointed with the outcome of my claim as I'm continuously suffering from mechanical back pain and I'm still taking medication prescribed by my local doctor.

I feel really insulted that no compensation has been offered and moreover, I have been asked by my solicitors that I have to pay out of my own pocket.

When I was contacted by telephone by this referral company, I was told that I would be able make a claim regardless of how soon my back pain developed after the accident, and he reassured me that I would not be left out of pocket.

I am very upset that I'm still suffering with my back even after all the physios and scans that has cost me time and money, and to be told that I now owe them money is extremely disrespectful.

Can anyone shed any light on this and advise what the best actions are for me to take.

Thanks guys..

Nik

Have you any paperwork from the accident firm?
and does your car insurance have legal cover included?

nik007i

Hi thanks for your replies.

I haven't got legal cover with my insurance but because it was a non fault accident I was headhunted by a firm that specifically dealt with these kind of claims.

I've explained this all to the solicitors in question and they just repeated like a robot they're proposals and didn't answer the question I asked in relation to the firm that promised me that I would not be out of pocket.

Incidentally, I'm still getting these phone calls about non-fault accidents and my car insurers have admitted liability in passing my details on to a third party and they've dismissed the employee. That's another issue I suppose but if anyone can suggest anything then I'd love to know.

In relation to Quentins question, No I haven't had any medical conditions relating to my back and this was taken into account and still this conclusive report.

Regards

Nik

OnanTheBarbarian

For a solicitor acting under a no win no fee agreement to turn their sights on their own client for payment of costs or disbursements one of two things have happened

1- You have mislead your solicitors and this has been discovered when medical records have been reviewed

2- A previous offer of settlement has been made and the acceptance period expired and new medical evidence reveals the claim is now worth less than what was previously offered.

InsideInsurance

Most the phone calls are pure cold calls, they have no idea who you are or if you've ever been in an accident. They pretend they do but are always so vague that you just assume that they are talking about your recent accident and you give them all the facts.

I get these calls nearly daily and have never been in a non-fault accident

As to your existing claim, the only real option is to get a second medical opinion but there is very possibly costs involved in this

nik007i

Hi guys,

Just like to point out that I've never had any previous medical problems with my back and " the no win no fee" value should apply in my case.

I explained my circumstances to the people that cold called me and they still referred me to their affiliated solicitors.

If anyone can find a solution to the problem based on the facts given rather making your own assumptions as to what you think may of happened. There are probably lots of people like me in this situation and this thread should be especially dedicated to those like myself looking for a positive to outcome this ordeal.

Many thanks

Nik

Quentin

Follow the solicitors complaints procedure and escalate if you are unhappy with their response.

glentoran99

nik007i wrote: »

Hi guys,

Just like to point out that I've never had any previous medical problems with my back and " the no win no fee" value should apply in my case.

I explained my circumstances to the people that cold called me and they still referred me to their affiliated solicitors.

If anyone can find a solution to the problem based on the facts given rather making your own assumptions as to what you think may of happened. There are probably lots of people like me in this situation and this thread should be especially dedicated to those like myself looking for a positive to outcome this ordeal.

Many thanks

Nik

If you don't want assumptions you'd best talk to the solicitors and the accident firm as they are the only ones that will know, not sure what else you expected from an internet forum other than what people think may have happened.


What does the paper work from the first say? and paperwork from the solicitor does it mention no win no fee?

nik007i

Hi Glentoran,

I have spoken to the solicitors and I'm unhappy with their reply to be honest. I specifically asked them why I was told that the claim was based on a "no win no fee" basis and they dodged the question which is why I've resorted to forums here which have been very helpful and have helped many of my friends in the past.

Apparently, they said they don't operate on a "no win no fee basis" but that's absolute nonsense as I was given their name by cold callers but I don't have the evidence to support this.

Any suggestions from anyone would be greatly appreciated.

By the way guys thanks for all your input and the time taken to address my issues.

Warm Regards

Nick

rudekid48

What does the agreement say that you signed with the solicitors?