Car accident, liability admitted & court

BrOz

Hello,

I am reaching out to see if anyone has been in this situation or knows of anyone who has been as I am really stressed.

I had a car accident 1 year ago, where I was stationary at a crossing and a newly qualified driver drove straight into the back of me and I wasnt expecting it.

The bumper of my car was broken and the repairs cost 2.1k. Car assessment severity of impact report rating: medium severity.

I had whiplash and I also had a soft tissue injury to my arm, to the point it really impacted on things I could do for a while such as pick up my child, hold a saucepan, open up dog poo bags, pull up my underwear and do up buttons (I know! Its silly!) but practial everyday things like that caused pain. I took 3 weeks off work, but realistically I returned to work too early as on return symptoms exacerbated again so I worked from home to reduce my driving and allow more rest.

My insurers were great, the car went in for repairs, I had a hire car, physio sessions. I also had a medical assessment.

The driver who rear ended me admitted liability.

The claim was withdrawn from the official injury claim portal by the defendants insurers. They are claiming causation. (I could not have sustained any injury as it was a low velocity crash).

I have also discovered that the defendants insurers have declined to pay for the car repairs, hire car, physio and all of those things. My insurers have paid which I am really appauled at.

I am also out of pocket, on advice from the baby car seat manufacturer I removed and discarded the baby seat (a brand 3 month old top end one that had cost £380). I am very safety conscious with car seats so I get the brands that are crash tested as super safe. Plus purchasing medial things to aid recovery of my arm. I submitted these receipts with my claim.

My solicitors have said the only way to progress is applying for it to be taken to court. However I need to be aware of 3 possible outcomes if it goes to court.

1. A judge sides with me and the insurers have to pay out to both me and my insurance.

2. A judge agrees I was not injured and the insurers dont have to pay out. I can pay for the defendant legal fees but this is not enforceable.

3. A judge agrees I was not injured and the insurers dont have to pay out. But the judge also further says I have been dishonest and can enforce I pay for the defendants legal fees. Could by anything from 10k plus.

I know I have to be aware of all possible consequences if it goes to court but it has really stressed me out that firstly the defendants insurance company is saying I could not have been hurt and secondly I could be accused of being dishonest and have to pay their fees! What's more, i am a registered health professional and this would further impact my career if im accused of dishonesty.

My solicitor has said insurers refusing to pay out is unfortunately common practice because soft tissue injuries cannot be diagnosed by things such as broken bones = xrays and only go by people reporting symptoms. So therefore they claim causation and it is up to me to prove my injuries.

Has anyone been in this situation, does it seem the insurance company is trying their luck and getting out of paying?

Ive never been in this situation before, been driving 20 years and never had even a scrape.

sheenas

well ask your solicitor about how to obtain proof doctors letters or employers letters confirming loss of work. Etc.

MyRealNameToo

Why didnt your insurers pay out on the child seat? It's normally covered and absolutely you should change it after its been involved in a collision.

What are your insurers saying? Were the solicitors instructed under your legal expenses cover? Normally they would be the one that picks up the bill if costs are awarded against you. The bar for your insurers saying the claim was fraudulent is significantly higher than a judge deciding which side he believes.

It's not too uncommon to happen, in most cases the claimant wins, from my experience, but until you are stood in front of the judge the negotiations are still going on in the background. Have known many cases to be settled minutes before the hearing was due.

The problem for those working in claims is they weren't there and didnt witness the incident and so have to be heavily guided by what their client states happened along with any supporting evidence.

https://forums.moneysavingexpert.com/discussion/comment/81904544#Comment_81904544

That should have happened some time ago already. Just because a doctor says you were off sick doesnt always mean you were sick. Lawyers and insurers maintain lists of doctors that they like and that they dont like. Its unsurprising that the list for the defence is very different from the list for the claimants