personal injury claims

robbie_the_great

Hi
Me and my 2 friends were sitting in a our car stationary,when a man drove into the rear corner of our car and then side- swiped it..he got out and was very drunk.he just looked at the damage,got back in his car and drove off.
To cut a long story short,my friends put in a claim for there injuries.the other drivers insurance company said they would fight them in court,which sounded abit strange.we were in the right,he drove into us.
the court day arrived for them and they thought it would be settled that morning.the case proceeded.the driver that drove into our car sttod up in front of the judge and had a completely different version of events,were he said he was sober and it was only a LVI impact and he spoke to us afterwards, we were all ok,shaked hands an went about our business....(BULL-!!!!).so in court he said he was shocked when he seen a letter weeks after the accident saying there was claims for compensation!
Our barrister made a fool of him in court,telling lies about everything,the claim for LVI was dissmissed and they were awarded damages.
I went to the doctor myself after the accident and was off work for a while.
My solicitor says I should put in a claim for loss of earning etc...
I just don't want to go through what they did with a full blown court case
any advice???

Quentin

Always a possibility the other side will take it to court.

Though the third party insurers are unlikely to return to court to deny the circumstances again!

Get your own legal representation and go for it

Morph4610

Hi Robbie, you don't say what injuries were sustained or what you/your friends are claiming for. A bit more detail would help

robbie_the_great

do you think the reason they took it to court is because the other driver kicked up a fuss when he heard there was going to be a claims and probably told his insurance he would stand up in court and tell "his version" of events?
You would think when the other cases were brought to court and tried and proven,it would be straight forward for me?

OnanTheBarbarian

Now the other side have had a pasting in court already, there won't be a dispute as to liability for the incident itself.

So if you can prove your absence from work and financial loss was as a consequence of suffering injury in this incident then crack on. As the incident is documented on your medical records, you stand an excellent prospect of success.

Quentin

As posted it's unlikely that the other side would take court action again to deny the circumstances having already tried and failed.


(There is always the possibility a court case can be needed in any claim, and no way anyone could "guarantee" you wouldn't have a court case over some other aspect of the claim eg. the size of the claim/amount to be paid)

robbie_the_great

so if I push on with it,what is the process?
can they dispute liability now?

Quentin

As advised, you should get your own legal representative to deal with this for you - especially as this looks to be a new experience for you.


And as advised already, liability for the incident looks to have been settled! (That doesn't guarantee your claim will be accepted though)


All will be explained by your legal rep


If you have any legal cover with your insurance policy then they should be able to help with your claim for compensation

robbie_the_great

I understand what your saying Quentin,thanks.
its just when I looked up the process and it says the claimant solicitor files proceedings and the other-side either accept or dispute the claim.is that except liability or the claim itself?then there is a part 36 offer???
i would like to know a little about the process before I go and see a solicitor!!
thank for any information.
"its better hearing the process from people in the know,solicitors websites make everything look straight forward!!

OnanTheBarbarian

You instruct a solicitor for a PI and uninsured loss claim
The solicitor submits the claim via the claims portal to the insurer, they have 3 weeks to respond. If liability admitted (almost looks a certainty given a court have already ruled on that point)
Your solicitors obtain a medical report from an independent dr
You provide your solicitor with any info supporting your losses (wage slips etc)
Your solicitor values the claim and with your permission submits a settlement pack to the insurers to agree settlement and either agreement is reached on the figure they have proposed or they make a counter offer.

The matte only goes to court if agreement can't be reached and there is a realistic prospect you will get more than the defendant's final offer.

There are many variations as to how matters may progress and this is not the place to list every sinew of information on how the RTA Low Value protocol works. But here is a link to it if you are that way inclined

https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/pre-action-protocol-for-low-value-personal-injury-claims-in-road-traffic-accidents-31-july-2013

robbie_the_great

Thanks OnanTheBarbarian for that information.

Will it make any difference to my case if I proceed,that the other 2 cases were fought in court claiming it was a LVI and the insurance company lost?
"It actually cost them more in expences as it did what they paid out in the claims.i think the judge awarded them 5k each.If the other-side had of offered anywere near that the morning of the court or before hand,they would of taken it.
the defence/otherside must of believed there "drunks version of events" and pushed on with the case,maybe thinking they would be thrown out and made an example of...?