car insurance claim leaving financial hardship

rangiemad

thanks for asking,

The cards were taken out well after the incident to try and help the situation as a very last resort once my savings had depleted, but only complicated things. As I lagged behind on the outstanding jobs(1 being 14 months delayed), I was paid far less than was budgeted for, had final payments delayed which had a massive impact on the rolling credit a card can offer, if payments were made in full and at the time expected on top of all the additional expenses of medical bills to get through the work, petrol, and compound interest etc.

FutureGirl

All you can do is provide your solicitors with the evidence they require to submit your claim to the third party. Without evidence your claim will fail.

If your solicitor and the third party insurer cannot come to an agreement on the value of the claim, then one of them will issue court proceedings for a judge to decide how much you will be awarded - and this will really be where the evidence comes into play.

Your solicitor seems to be doing the correct thing in issuing protective proceedings so that you can gather further medical evidence.

In these type of cases I always see that the injured person thinks their solicitor isn't doing anything but, sometimes, there is literally nothing for them to do. Once you have been examined the medical expert gives their prognosis, your solicitor will either then submit that as the evidence for your claim (if this is what you want), or they will wait to see if you recover within that timeframe, if you don't then further evidence is required, but only at the point where you should have recovered (if this is what you want). So if a medical expert says your prognosis is 12 months your solicitor will have to wait the full 12 months before then sending you on to another expert (unless the first expert recommends it sooner).

You might struggle with the hire aspect a little mainly because A) you hired a car from your wife's company, whether you had the vehicle longer than you needed IE if you still had it after you gave up work etc.

Has your solicitor already submitted the hire aspect to the insurers, or are they sending everything in one go? Don't forget that they will be acting on your instructions so if you tell them to submit the evidence to the insurer for the hire aspect, they should then do that, and then start negotiating with the insurers for the value of this. And this is where the evidence will be needed - to support your claim.

rs65

rangiemad wrote: »

My written off car was claimed for from the other parties insurance, who have accepted full liability for the incident, yet I had to go to the ombudsman who ruled in my favour, that my insurers were initially undervaluing the vehicle drastically, despite reams of evidence I provided them and the ombudsman, hence it took so long for the settlement to be agreed and need for replacement vehicle until I could buy a replacement. The written off vehicle was (and still is ) on my drive, having no recovery costs, storage costs etc claimed for.

Going to the ombudsman suggests you were claiming from your own policy rather than the other parties (your insurers would seek recovery from them).

So you have been paid out more than it was originally valued at? You've used the money to buy a replacement which presumably you can't drive as you are unable to leave the house. You also have a repairable Range Rover on your drive.

Could you not sell both to relieve your financial hardship?

alchemist.1

As a general comment, I will add that that if any part of the claim is found to be dishonest then you dont recover anything and judges will be awarding the other solicitors costs against the Claimant (which can amount to thousands). Worst case scenario you can be referred to the Criminal Court.

If your solicitors havent advised you on this point then they should have done.

rangiemad

Going to the ombudsman suggests you were claiming from your own policy rather than the other parties (your insurers would seek recovery from them).

Yes, I had to go to the ombudsman because My insurer's "independent" valuers would not admit they were wrong, despite My providing evidence of over 20 like for like vehicles at twice the price they would offer. When they told me of only 1 vehicle they would say it was equal to, they said it was in Portsmouth, the other end of the country, and then refused to send a web link to the same vehicle saying their system wouldn't allow it.

So you have been paid out more than it was originally valued at? You've used the money to buy a replacement which presumably you can't drive as you are unable to leave the house. You also have a repairable Range Rover on your drive.

As I have said in previous post, I am physically unable to repair the vehicle due to the injuries, had a considerable sum removed from settlement for keeping vehicle with the intention of repairing myself, as 80% of the repair bill is labour. As for the replacement, this required unforeseen repairs after several months of perfect running, and again, as previously mentioned, unable to do anything with it, so SORN until I am in a position to have it repaired.

Could you not sell both to relieve your financial hardship?

Absolutely NOT. I would lose so much money in selling as spares or repairs, I know from experience I would not be able to claim this and do not see why I should have to lose so much more due to _PLEASE REMEMBER_ a stupid idiot who should not have been on the road.

As for leaving the house, I would be very grateful, as it is MENTAL HEALTH AWARENESS WEEK in the UK this week, that you would do just a tiny bit of reading up on PTSD before coming to any opinion, to appreciate the forms of agoraphobia, anxiety, night terrors and effects of medication which rule my life.

I really appreciate everybody's help and input and it has really helped from everyones input, but feel the original message has been completely overlooked.

I am even more aware of the hurdles I face, relating to what you can claim, can't and why etc, but my original post was asking very simply - Has anybody been in the situation themselves where their finances have been so badly hit that they are having to deal with creditors, and if they found anyone who could help them, as all the usual ones I am "outside their criteria".

I hope I haven't offended anyone with this post, but I really don't think anyone would believe me If I explained every individual circumstance involved in this, I have tried to give the basics, but they really are basics.

I even had a very good client I was still working for die on my birthday, so like I say there are so many extenuating issues I can't go through them all.

Kindest regards

rs65

I have no need to read up on PTSD.

rangiemad wrote: »

I would lose so much money in selling as spares or repairs, I know from experience I would not be able to claim this and do not see why I should have to lose so much more due to _PLEASE REMEMBER_ a stupid idiot who should not have been on the road

Why would being able to claim this even cross your mind. You have assets to sell to potentially avoid debt collectors at your door.

rangiemad

Thanks Alchemist,

This really isn't a problem, there is not one part of the claim at all that has any form of dishonesty attached to it.

As for the hire vehicle, I will re-iterate I explained exactly to both the insurer and the solicitor acting on my behalf the what's why's wherefores, and they both instructed me to go ahead, hence I got them to send confirmation emails relating to the conversations. Again, Hind sight is a very poor bed fellow when I am being told I should have, or I could have after the fact, when I was acting on their specific instructions.

please see last post re original question, but thank you as my sols have not brought this to my attention previously. Fortunately EVERYTHING they have been told is exactly as it happened.

Kindest regards

rangiemad

thank you,
valid question, please read para 5 on post 27(I think) re my views on insurers etc, and believe me, having so much time on my hands, I have had to explain every single factor to the sols to the letter.
Would you not automatically think about losing so much money through a direct action of someone else and not look at why you should?

Kindest regards

rs65

rangiemad wrote: »

thank you,
valid question, please read para 5 on post 27(I think) re my views on insurers etc, and believe me, having so much time on my hands, I have had to explain every single factor to the sols to the letter.
Would you not automatically think about losing so much money through a direct action of someone else and not look at why you should?

Kindest regards

You need to think of direct losses due to someone's action. It was your choice to retain the salvage and your choice to buy a car that needed repairs a few months later.

Seriously, if you want help here you need to ask succinct and precise questions, without rambling.

rangiemad

Hi, rs65,

I thought I originally did so, hence in last posts put

"but my original post was asking very simply - Has anybody been in the situation themselves where their finances have been so badly hit that they are having to deal with creditors, and if they found anyone who could help them, as all the usual ones I am "outside their criteria".

I have just felt I have had to defend my self with so many tangential questions.

Hope that's cleared up.

Kindest regards