Car Accident Solicitor negligence

Ebiumn

Hope someone can help 
In 2013 I had car accident was stationery on a motorway traffic had come to a halt when the guy behind not looking rear-ended me at 60mph I saw this coming in my mirror and could do nothing.  He admitted liability immediately, stupidly I did not realise I had the insurance cover for this and signed an agreement with a no win no fee solicitors.  4 years later and still suffering the effects of the accident with no resolution I sadly got angry with an extremely useless solicitor and said I would change solicitors if he could not sort this it should have been easy the other side admitted liability.   I calmed down and called them back where I was told in no uncertain terms I had sacked them and goodbye. They were using this portal for the claim and I discovered that they had not submitted all the information well hardly anything really the other side on seeing some of the information I sent they raised their offer.  At that point I also discovered I could have used my own insurers and reverted to them for help they took up the case and worked to confirm payments due to the now "sacked" solicitor following resolution of the case etc and proceeded to request the full file. The sacked solicitor took 9 months to release the file and also decided in that time to sue me for costs of £17k the fact they would only have got 25% of the £4k they said my injuries were worth is not lost on me.  The file was then sent to one dept of my insurers for some reason when the Case worker who had my case asked for the file they refused to send yes really dept to dept same company due to the sacked solicitor placing a note that the file could not be released further due to possible negligence claim from me.  They went ahead and filed at court for the compensation claim and it was struck out due to time limitation, I therefore received no compensation not a penny. Sacked solicitor went full steam ahead and filed for a CCJ against me which was removed following a set aside hearing.  We tried to mediate on that day but they were having none of it and want to pursue this claim of £17k from me.  Insurers will not cover me for defending this saying I don't have more than a 51% as signed the original CFA.  I however have since 2013 suffered pain as a result of the injuries sustained in the accident and this has had a massive financial bearing on our life. Over the last 4 years or so I have also as well as the back and shoulder injuries suffered from balance problems diagnosed as vertigo list goes on.  My wife unhappy with my being ill and in pain all the time made me go to the doctors I was wobbling all over the place like a drunk and I don't drink alcohol at all.  Brain scans and tests finally provided a diagnosis of Chronic Progressive Multiple Sclerosis.  The lesions on my brain and in my spine seem to give a timeline of around  7 years that I have had the MS for, they acknowledge its highly likely that the car accident exacerbated this condition although there is no evidence to prove trauma causes MS lots of research going on.  The solicitor then decided to go full on again for their £17k we received help from another solicitor who completed the directions and we have sent evidence into the court I can't attend my consultant has written a letter I have flare ups I am on strong medication and this solicitor advised my wife not to attend in my place as she will then be liable for costs etc.  We have now again gone back to our insurers to see if they can help and they have given us another solicitors firm to help just had email they need the full file so they can see what's gone on so what on earth do I do now this file isn't going anywhere and all the time I have the stress of this which could lose us our  home I really have no idea how to move forward the solicitor suing us now has the evidence of the MS and we have heard nothing for over 3 months from either the solicitor suing us or the court. 

AdrianC

Ebiumn said:

Hope someone can help 
In 2013 I had car accident was stationery on a motorway traffic had come to a halt when the guy behind not looking rear-ended me at 60mph I saw this coming in my mirror and could do nothing.  He admitted liability immediately, stupidly I did not realise I had the insurance cover for this and signed an agreement with a no win no fee solicitors. 

4 years later and still suffering the effects of the accident with no resolution I sadly got angry with an extremely useless solicitor and said I would change solicitors if he could not sort this it should have been easy the other side admitted liability.   I calmed down and called them back where I was told in no uncertain terms I had sacked them and goodbye. They were using this portal for the claim and I discovered that they had not submitted all the information well hardly anything really the other side on seeing some of the information I sent they raised their offer.  

At that point I also discovered I could have used my own insurers and reverted to them for help they took up the case and worked to confirm payments due to the now "sacked" solicitor following resolution of the case etc and proceeded to request the full file.

The sacked solicitor took 9 months to release the file and also decided in that time to sue me for costs of £17k the fact they would only have got 25% of the £4k they said my injuries were worth is not lost on me. 

The file was then sent to one dept of my insurers for some reason when the Case worker who had my case asked for the file they refused to send yes really dept to dept same company due to the sacked solicitor placing a note that the file could not be released further due to possible negligence claim from me.  They went ahead and filed at court for the compensation claim and it was struck out due to time limitation, I therefore received no compensation not a penny.

Sacked solicitor went full steam ahead and filed for a CCJ against me which was removed following a set aside hearing.  We tried to mediate on that day but they were having none of it and want to pursue this claim of £17k from me.  Insurers will not cover me for defending this saying I don't have more than a 51% as signed the original CFA. 

I however have since 2013 suffered pain as a result of the injuries sustained in the accident and this has had a massive financial bearing on our life.

Over the last 4 years or so I have also as well as the back and shoulder injuries suffered from balance problems diagnosed as vertigo list goes on.  My wife unhappy with my being ill and in pain all the time made me go to the doctors I was wobbling all over the place like a drunk and I don't drink alcohol at all.  Brain scans and tests finally provided a diagnosis of Chronic Progressive Multiple Sclerosis.  The lesions on my brain and in my spine seem to give a timeline of around  7 years that I have had the MS for, they acknowledge its highly likely that the car accident exacerbated this condition although there is no evidence to prove trauma causes MS lots of research going on. 

The solicitor then decided to go full on again for their £17k we received help from another solicitor who completed the directions and we have sent evidence into the court I can't attend my consultant has written a letter I have flare ups I am on strong medication and this solicitor advised my wife not to attend in my place as she will then be liable for costs etc. 

We have now again gone back to our insurers to see if they can help and they have given us another solicitors firm to help just had email they need the full file so they can see what's gone on so what on earth do I do now this file isn't going anywhere and all the time I have the stress of this which could lose us our  home I really have no idea how to move forward the solicitor suing us now has the evidence of the MS and we have heard nothing for over 3 months from either the solicitor suing us or the court. 

I've broken your text into paragraphs for legibility.

You will never be able to prove that the car crash caused your MS - although there may well be a strong argument that it could have exacerbated it and brought the symptoms to attention sooner. Equally, the insurer could argue that your ongoing problems are due to your MS, not the collision.

You really are going to need a good solicitor for this. A lot is going to depend on exactly what has been signed in the past.

williamgriffin

Ebiumn said:

Hope someone can help 
In 2013 I had car accident was stationery on a motorway traffic had come to a halt when the guy behind not looking rear-ended me at 60mph I saw this coming in my mirror and could do nothing.  He admitted liability immediately, stupidly I did not realise I had the insurance cover for this and signed an agreement with a no win no fee solicitors.  4 years later and still suffering the effects of the accident with no resolution I sadly got angry with an extremely useless solicitor and said I would change solicitors if he could not sort this it should have been easy the other side admitted liability.   I calmed down and called them back where I was told in no uncertain terms I had sacked them and goodbye. They were using this portal for the claim and I discovered that they had not submitted all the information well hardly anything really the other side on seeing some of the information I sent they raised their offer.  At that point I also discovered I could have used my own insurers and reverted to them for help they took up the case and worked to confirm payments due to the now "sacked" solicitor following resolution of the case etc and proceeded to request the full file. The sacked solicitor took 9 months to release the file and also decided in that time to sue me for costs of £17k the fact they would only have got 25% of the £4k they said my injuries were worth is not lost on me.  The file was then sent to one dept of my insurers for some reason when the Case worker who had my case asked for the file they refused to send yes really dept to dept same company due to the sacked solicitor placing a note that the file could not be released further due to possible negligence claim from me.  They went ahead and filed at court for the compensation claim and it was struck out due to time limitation, I therefore received no compensation not a penny. Sacked solicitor went full steam ahead and filed for a CCJ against me which was removed following a set aside hearing.  We tried to mediate on that day but they were having none of it and want to pursue this claim of £17k from me.  Insurers will not cover me for defending this saying I don't have more than a 51% as signed the original CFA.  I however have since 2013 suffered pain as a result of the injuries sustained in the accident and this has had a massive financial bearing on our life. Over the last 4 years or so I have also as well as the back and shoulder injuries suffered from balance problems diagnosed as vertigo list goes on.  My wife unhappy with my being ill and in pain all the time made me go to the doctors I was wobbling all over the place like a drunk and I don't drink alcohol at all.  Brain scans and tests finally provided a diagnosis of Chronic Progressive Multiple Sclerosis.  The lesions on my brain and in my spine seem to give a timeline of around  7 years that I have had the MS for, they acknowledge its highly likely that the car accident exacerbated this condition although there is no evidence to prove trauma causes MS lots of research going on.  The solicitor then decided to go full on again for their £17k we received help from another solicitor who completed the directions and we have sent evidence into the court I can't attend my consultant has written a letter I have flare ups I am on strong medication and this solicitor advised my wife not to attend in my place as she will then be liable for costs etc.  We have now again gone back to our insurers to see if they can help and they have given us another solicitors firm to help just had email they need the full file so they can see what's gone on so what on earth do I do now this file isn't going anywhere and all the time I have the stress of this which could lose us our  home I really have no idea how to move forward the solicitor suing us now has the evidence of the MS and we have heard nothing for over 3 months from either the solicitor suing us or the court. 

You need proper legal advice and not opinions from a forum.

Ectophile

Your insurance company have nothing to do with a dispute between yourself and a solicitor you chose to employ.  They will avoid getting involved in it in any way.  It sounds like all they want to do is recommend you a solicitor.

It sounds like some or all of your original compensation claim has timed out.  You have 3 years to start a claim for injury, and 6 years for damage to your car.

Your only prospect of getting anything out of this mess is to get a good solicitor and counter-sue for negligence on the part of the original solicitor.