Can anyone give me advice on my injury claim please???

telly-addict

jazzyjustlaw wrote:

30 weeks is normal for claims proceeding on a multi track basis. The hearing is usually set for 30 weeks after the claim is issue - well as far as possible anyway.

But wouldn't this be a sub-£15K fast track action?

Bossyboots

jazzyjustlaw wrote:

30 weeks is normal for claims proceeding on a multi track basis. The hearing is usually set for 30 weeks after the claim is issue - well as far as possible anyway.

I think I'll be settling my personal injury claim sooner rather than later then.

This might explain the rather derisory offer they have made so far.

jazzyjustlaw

If my very absentminded memory serves me correct PI claims for damages are an exception and claims over £1k are progressed on the Multi-Track. Please do check though.

telly-addict

jazzyjustlaw wrote:

If my very absentminded memory serves me correct PI claims for damages are an exception and claims over £1k are progressed on the Multi-Track. Please do check though.

Pretty sure that fast track claims include personal injury claims up to £15K. You may be getting confused with small claims court actions, where there is a £1K personal injury limit.

rutty81

I have legal expense insurance and it was passed to the solicitors by Tesco Motor Insurance. I am thinking of contacting Tesco but I get a feeling that they will just say that I'm only covered if I follow their advice. My solicitor said that she will put in writing what was said yesterday and then I need to write to confirm I still want to go ahead with it.

Apperently Direct Line (the third party insurers) are making a habit of offering low amounts knowing that people will not wait. Also, my solicitor is pretty sure it will go all the way and I will have to attend court.

jazzyjustlaw

telly-addict wrote:

Pretty sure that fast track claims include personal injury claims up to £15K. You may be getting confused with small claims court actions, where there is a £1K personal injury limit.

Bit of a coincidence that OP has to wait 30 weeks for a hearing. Sounds like multi track to me. Perhaps OP should ask his Solicitor.

jazzyjustlaw

rutty81 wrote:

I have legal expense insurance and it was passed to the solicitors by Tesco Motor Insurance. I am thinking of contacting Tesco but I get a feeling that they will just say that I'm only covered if I follow their advice. My solicitor said that she will put in writing what was said yesterday and then I need to write to confirm I still want to go ahead with it.

Apperently Direct Line (the third party insurers) are making a habit of offering low amounts knowing that people will not wait. Also, my solicitor is pretty sure it will go all the way and I will have to attend court.

I studied Insurance Law at Law School and I remember (correct me someone if I am wrong) but dont ones insurers pay the insured and then subrograte to obtain the money back from the insurance company? I am sure its subrogation.

Bossyboots

jazzyjustlaw wrote:

I studied Insurance Law at Law School and I remember (correct me someone if I am wrong) but dont ones insurers pay the insured and then subrograte to obtain the money back from the insurance company? I am sure its subrogation.

If I have understood what you mean then no, your own insurers have nothing to do with a personal injury claim as it is an uninsured loss in respect of the policy. The legal expenses insurance is actually a separate policy, not an intergral part of the main insurance.

Subrogation works in respect of vehicle damage although for my claim, the third party insurers dealt with me direct and my insurers have not been involved at all other than to pass my details to a panel solicitor to deal with my PI claim.

jazzyjustlaw

Bossyboots wrote:

If I have understood what you mean then no, your own insurers have nothing to do with a personal injury claim as it is an uninsured loss in respect of the policy. The legal expenses insurance is actually a separate policy, not an intergral part of the main insurance.

Subrogation works in respect of vehicle damage although for my claim, the third party insurers dealt with me direct and my insurers have not been involved at all other than to pass my details to a panel solicitor to deal with my PI claim.

That sounds right to me I couldnt really remember the ins and outs studied insurance law about 5 years ago. I didnt read properly the bit about legal expenses insurance.

solicitormike

I am a personal injury lawyer. I specialise in road traffic injury claims.

Briefly.....

1. Many insurers make poor initial offers;
2. An injury solicitor worth his salts should be adept in telephone negotiation in order to conclude small claims quickly and efficiently over the phone;
3. You are probably on a no win-no fee agreement which where the solicitor will gain a fixed fee from this sort of work UNTIL Court proceedings are instigated. Only then will your solicitor be able to charge on an hourly rate and then only if you "beat" the original offer. Please note that you will be expected to do slightly more than just trickle over the £2,000, so if you get £2,050 the third party insurers could have an argument that the costs after their original offer should not be paid. You will need to bear this in mind.

Please remember that you are the client and it is you who makes the decision - not your solicitor.