Insurance Claim - Solicitor Quandary

Ching01a

Hi All,

So a few months ago I was involved in a non fault road traffic collision on the M25 where a massive tanker ran into the back of my car and sent me flying across 4 live lanes.

The lorry driver claimed to have not seen me but admitted fault. His insurer offered to handle the claim.

Car was written off and I was offered a payment for my car and currently receiving virtual physiotherapy sessions due to lockdown. I had a very uncomfortable shoulder and still have numbness through my left arm particularly my fingers, which Im hoping will go away.

I have a few solicitors wanting to take on my case. However 

My Questions are:

1) Will I even be offered any compensation after my therapy, or will that be it.

2) Does the physiotherapy reduce the compensation if any as it is organised by the third party insurer.

3) Is it necessary to go with a solicitor. They seen to be keen.

4) The police rang me to find out if I wanted to take the driver to court but I thought that was more there determination. Can I still pursue a civil suit against the lorry company to recover personal items damaged in the car.

Thanks All….sorry its long winded.

eddddy

Ching01a said:

4) The police rang me to find out if I wanted to take the driver to court but I thought that was more there determination. Can I still pursue a civil suit against the lorry company to recover personal items damaged in the car.

I expect the police are asking you if you will cooperate with a prosecution - give statements, meet with the CPS barrister, give evidence in court etc.

Maybe they feel they've got a realistic chance of prosecution if you cooperate, but no realistic chance if you don't.

And yes - you can make a claim for personal items lost or damaged in the collision. If you're already dealing directly with the 3rd party's insurer, you can give them the details. As long as they don't think you're fibbing or exaggerating, they should pay.

davidmcn

I would consult a solicitor for something like this, you want to ensure you're getting what you're entitled to rather than have the other party's insurer pull the wool over your eyes.

Physiotherapy doesn't "reduce the compensation" - if you need physiotherapy then either you get "free" treatment, or you get the cost of organising your own treatment. You'll certainly be entitled to something over and above the cost of the treatment (and of your car), if only for having to put up with the pain etc until that gets sorted.

coachman12

Get a solicitor and , if all your facts outlined above are correct, I guess you will not regret taking action.

Ching01a

eddddy said:

Ching01a said:

4) The police rang me to find out if I wanted to take the driver to court but I thought that was more there determination. Can I still pursue a civil suit against the lorry company to recover personal items damaged in the car.

I expect the police are asking you if you will cooperate with a prosecution - give statements, meet with the CPS barrister, give evidence in court etc.

Maybe they feel they've got a realistic chance of prosecution if you cooperate, but no realistic chance if you don't.

And yes - you can make a claim for personal items lost or damaged in the collision. If you're already dealing directly with the 3rd party's insurer, you can give them the details. As long as they don't think you're fibbing or exaggerating, they should pay.

Many thanks for sharing your view on this. I will let you know how I get on.

Ching01a

coachman12 said:

Get a solicitor and , if all your facts outlined above are correct, I guess you will not regret taking action.

Noted...I will certainly take that on board. Not sure the compensation will be big enough to pay for the fees, but I guess it could as the solicitor would know what to ask for.

Ching01a

davidmcn said:

I would consult a solicitor for something like this, you want to ensure you're getting what you're entitled to rather than have the other party's insurer pull the wool over your eyes.

Physiotherapy doesn't "reduce the compensation" - if you need physiotherapy then either you get "free" treatment, or you get the cost of organising your own treatment. You'll certainly be entitled to something over and above the cost of the treatment (and of your car), if only for having to put up with the pain etc until that gets sorted.

Very helpful points you've made, I will do some due diligence on a good commited solicitor to handle this and I can just focus on getting my arm 100% pain free. I will let you know how I get on.

Ching01a

Thankyou All..

angrycrow

Your solicitors fees will be paid by the compensating insurer. Most no win no fee solicitors will take a cut of upto a maximum of 25% of the damages you are awarded. If you have legal expenses insurance on your motor policy they will provide a solicitor for you and you will keep 100% of your damages. 

Ching01a

Hi all, just an update on this. the third party insurance company has offered a sum of £2.5k in compensation. there is no detail on the offer just a note saying the offer will be withdrawn if I decide to go with a Solicitor. I know the advice from here was to go with a solicitor but I hadn't got round to it as i was waiting to complete physiotherapy. How do I know the offer is a fair value and what happens if I have a reoccurrence of the pain etc.

davidmcn

Ching01a said:

How do I know the offer is a fair value

By asking a solicitor.