RTA - Help Please
Discussion
Hi....Well, where do I begin. Without going into too much detail the whole family (5 of us and the dog) were involved in a very serious RTA the other weekend. Approx 50 vehicles had major damage, and about another 50 or so slight damage.
If it was not for our vehicle, it being an estate and also the fact that we had a tow bar, and the way that I positioned the vehicle, I'm sure things would of been much much worse.
We were stationary and had a very hard rear impact by a rigid lorry (type vehicle) that sent us approx 30 feet forward, even though the handbrake was on and I had my foot hard on the brake pedal. This vehicle had side-swiped other vehicles and hit another vehicle in the rear before swerving into us. Heaven only knows what the driver was thinking, but estimates are it was travelling between 60 and 70mph, and it was approx a 30 ton vehicle.
We have all been released from hospital, and now have more headaches to deal with.
We are being contacted by many organisations and thought the best way to deal with it is through solicitors. After a brief discussion with a lcoal company we now need any help you can offer.
Has anyone had accident claims and used the No Win No Fee agreements? I am led to believe that there are success fees, and also if we win will also have to pay a percentage of fees. Has anyone gone this route and what sort of bills have you had. As a very basic guide the solicitor is £200 (+ VAT) P/H and the Barristers much much more. The whole case is as a guess going to cost over £20k + Vat and extra's etc.
Any help about how to proceed would be very much appreciated to help ease pain and issues in this very emotional time, that i'm sure will affect us all for years.
The incident is not our fault in any way and we all survived which of course is the only important thing, but without knowing the law I suppose the events could be challenged (however everyone has to abide by the Law and Highway code I believe). Our vehicle was in the right hand lane of a dual carriageway (with all traffic at a standstill), as I dread getting sandwiched by lorries. I also left a good gap in front (just from previous specialist training) and did not collide with any other vehicles, but our vehicle did damage the armaco slightly as it slid along it after the impact. We had our vehicle in the correct position as advised by authority prior to the collision and had lights on etc.
Without saying too much, not many lorry type vehicles can go through traffic in a closed road situation, and the driver of this machine (who injured numerous others inside their vehcile) side-swiped lorries and cars for approx 60 meters and then crashed into the back and injured another person that was trying to get to the front of staionary traffic in a car, before smashing into us.
Because it was so serious, it will take months to sort out the reports, but I really need things in place ready for any questions etc.
The solicitors that I have liased with have 200 + staff, a huge office block, are very well known, and are in the Legal 500, and also rated number 2 for PI for our part of England. I have never been in this sort of situation, have not used this company as we have only dealt with solictors on normal items - such as house sale, purchase etc.
I really don't know how we can proceed without help, especially considering the astronomic legal fees that could be involved, but need any help about the possible massive bill to pay we might have to pay for fees etc when we are not at fault.
Any help is appreciated.
Thanks
If it was not for our vehicle, it being an estate and also the fact that we had a tow bar, and the way that I positioned the vehicle, I'm sure things would of been much much worse.
We were stationary and had a very hard rear impact by a rigid lorry (type vehicle) that sent us approx 30 feet forward, even though the handbrake was on and I had my foot hard on the brake pedal. This vehicle had side-swiped other vehicles and hit another vehicle in the rear before swerving into us. Heaven only knows what the driver was thinking, but estimates are it was travelling between 60 and 70mph, and it was approx a 30 ton vehicle.
We have all been released from hospital, and now have more headaches to deal with.
We are being contacted by many organisations and thought the best way to deal with it is through solicitors. After a brief discussion with a lcoal company we now need any help you can offer.
Has anyone had accident claims and used the No Win No Fee agreements? I am led to believe that there are success fees, and also if we win will also have to pay a percentage of fees. Has anyone gone this route and what sort of bills have you had. As a very basic guide the solicitor is £200 (+ VAT) P/H and the Barristers much much more. The whole case is as a guess going to cost over £20k + Vat and extra's etc.
Any help about how to proceed would be very much appreciated to help ease pain and issues in this very emotional time, that i'm sure will affect us all for years.
The incident is not our fault in any way and we all survived which of course is the only important thing, but without knowing the law I suppose the events could be challenged (however everyone has to abide by the Law and Highway code I believe). Our vehicle was in the right hand lane of a dual carriageway (with all traffic at a standstill), as I dread getting sandwiched by lorries. I also left a good gap in front (just from previous specialist training) and did not collide with any other vehicles, but our vehicle did damage the armaco slightly as it slid along it after the impact. We had our vehicle in the correct position as advised by authority prior to the collision and had lights on etc.
Without saying too much, not many lorry type vehicles can go through traffic in a closed road situation, and the driver of this machine (who injured numerous others inside their vehcile) side-swiped lorries and cars for approx 60 meters and then crashed into the back and injured another person that was trying to get to the front of staionary traffic in a car, before smashing into us.
Because it was so serious, it will take months to sort out the reports, but I really need things in place ready for any questions etc.
The solicitors that I have liased with have 200 + staff, a huge office block, are very well known, and are in the Legal 500, and also rated number 2 for PI for our part of England. I have never been in this sort of situation, have not used this company as we have only dealt with solictors on normal items - such as house sale, purchase etc.
I really don't know how we can proceed without help, especially considering the astronomic legal fees that could be involved, but need any help about the possible massive bill to pay we might have to pay for fees etc when we are not at fault.
Any help is appreciated.
Thanks
Yes, use a Solicitor. It'll be a very complicated claim which I wouldn't recommend sorting out yourself.
Firstly, do you have legal cover on your car insurance? If you do, then use it - there is no need to worry about Solicitors fees, as your insurance will cover them. Have a look through your insurance documents to see if you're covered.
If you do go to a Solicitor on a no-win-no-fee basis, don't use one who expects money up front, or who asks you to take out any kind of policy.
The Solicitors fees should not come out of any money that is awarded to you - they will claim their fees back seperately from the offending driver's insurance.
Hope you're al recovering well.
Firstly, do you have legal cover on your car insurance? If you do, then use it - there is no need to worry about Solicitors fees, as your insurance will cover them. Have a look through your insurance documents to see if you're covered.
If you do go to a Solicitor on a no-win-no-fee basis, don't use one who expects money up front, or who asks you to take out any kind of policy.
The Solicitors fees should not come out of any money that is awarded to you - they will claim their fees back seperately from the offending driver's insurance.
Hope you're al recovering well.
Greensleeves said:
I thought that if you're not at fault, your insurance company would help you anyway, regardless of whether you have additional legal cover? Correct me if I'm wrong.
As far as recovering vehicle repair or write-off costs are concerned, yes, but not for personal injury claims.I have experience of an "if there's a blame there's a claim" compo claim - not motoring-related though, I fell over a badly placed sack of spuds in a supermarket. I had to sign for a 'policy' before the claim started.
Some of these 'claim companies' have a condition that you don't sign a 'policy' (as I did) but they get a sizeable share of your compensation - which is, in my view, worse than signing for a 'policy' like I did.
Don't do it!!!
As others have said above, use the solicitor provided by your Insurance Company (or Policy), don't go the route I did
.
'Quantum' (possible level of compensation) was assessed at between £3000 and £5000. I 'won' (was awarded) £3k, and that is only because the supermarket lost their evidential paperwork (cleaning records to prove the area was checked regularly, photo of the erroneous sack of spuds etc).
My solicitors were claiming around £8k in costs but were awarded only £3k, from memory. I didn't get the full £3k - my solicitors claimed that other costs had been deducted and the court made a claim back or something, and due to personal circumstances I didn't pursue this though I was £800 down.
Use the proper solicitors provided by your Insurers
.
Some of these 'claim companies' have a condition that you don't sign a 'policy' (as I did) but they get a sizeable share of your compensation - which is, in my view, worse than signing for a 'policy' like I did.
Don't do it!!!
As others have said above, use the solicitor provided by your Insurance Company (or Policy), don't go the route I did
.'Quantum' (possible level of compensation) was assessed at between £3000 and £5000. I 'won' (was awarded) £3k, and that is only because the supermarket lost their evidential paperwork (cleaning records to prove the area was checked regularly, photo of the erroneous sack of spuds etc).
My solicitors were claiming around £8k in costs but were awarded only £3k, from memory. I didn't get the full £3k - my solicitors claimed that other costs had been deducted and the court made a claim back or something, and due to personal circumstances I didn't pursue this though I was £800 down.
Use the proper solicitors provided by your Insurers
.R_U_LOCAL said:
Greensleeves said:
I thought that if you're not at fault, your insurance company would help you anyway, regardless of whether you have additional legal cover? Correct me if I'm wrong.
As far as recovering vehicle repair or write-off costs are concerned, yes, but not for personal injury claims.Used no win no fee once which actually turned out quite different as the solicitors insisted i signed a loan agreement which gave them an up front cash payment (to help their cash flow), it took me a while to figure out (lots of very small print) that the interest charges for this loan were huge (we are talking greater than Dan the man loan shark rates) AND these were not going to be claimable from the other side.
Net effect was these interest charges were deducted from my side of the claim.... very dodgy, i complained naturally and closed the loan before it ate all my claim up.
honestly though based on your report i cannot imagine how you will end up with liability here.
Good Luck
Net effect was these interest charges were deducted from my side of the claim.... very dodgy, i complained naturally and closed the loan before it ate all my claim up.
honestly though based on your report i cannot imagine how you will end up with liability here.
Good Luck
Pork_n_Beem said:
Used no win no fee once which actually turned out quite different as the solicitors insisted i signed a loan agreement which gave them an up front cash payment (to help their cash flow), it took me a while to figure out (lots of very small print) that the interest charges for this loan were huge (we are talking greater than Dan the man loan shark rates) AND these were not going to be claimable from the other side.
Net effect was these interest charges were deducted from my side of the claim.... very dodgy, i complained naturally and closed the loan before it ate all my claim up.
honestly though based on your report i cannot imagine how you will end up with liability here.
Good Luck
You should have made a complaint to the Law Society. That is outrageous. If it wasn't too long ago, you still can and should.Net effect was these interest charges were deducted from my side of the claim.... very dodgy, i complained naturally and closed the loan before it ate all my claim up.
honestly though based on your report i cannot imagine how you will end up with liability here.
Good Luck
hate to preach at someone who's clearly been through a very nasty experience but...
big gap between you and car in front = very good idea
handbrake on and foot hard on brake before a rear impact = very bad idea, as it increases the force of the 'bang'
big gap between you and car in front = very good idea
handbrake on and foot hard on brake before a rear impact = very bad idea, as it increases the force of the 'bang'
Edited by TTwiggy on Thursday 12th July 16:44
If you can get to speak to someone at a senior level in your vehicle insurers they should be able to help enormously. Remember, in order to recover their insured losses the more the courts find in your favour the better it is for them. Insurers are normally very helpful.
I would go that route rather than let the 'ambulance chasers' loose on the case.
I would go that route rather than let the 'ambulance chasers' loose on the case.
TTwiggy said:
hate to preach at someone who's clearly been through a very nasty experience but...
big gap between you and car in front = very good idea
handbrake on and foot hard on brake before a rear impact = very bad idea, as it increases the force of the 'bang'
Big gap take brake of and get punted forward into the back of the vehicles in front and squashed (possibly to death).Whilst your therory is good in practicse trust me it may not be the best idea.If they saw the vehicle coming they may have been able to brace prior to impact.big gap between you and car in front = very good idea
handbrake on and foot hard on brake before a rear impact = very bad idea, as it increases the force of the 'bang'
Edited by TTwiggy on Thursday 12th July 16:44
As it was a large lorry that hit them the distance they could have been pushed forward could have been a fair distance.
The best way is to ease of the brake slowly and cushion the impact but again with a heavy lorry this may not be best.
TPS said:
TTwiggy said:
hate to preach at someone who's clearly been through a very nasty experience but...
big gap between you and car in front = very good idea
handbrake on and foot hard on brake before a rear impact = very bad idea, as it increases the force of the 'bang'
Big gap take brake of and get punted forward into the back of the vehicles in front and squashed (possibly to death).Whilst your therory is good in practicse trust me it may not be the best idea.If they saw the vehicle coming they may have been able to brace prior to impact.big gap between you and car in front = very good idea
handbrake on and foot hard on brake before a rear impact = very bad idea, as it increases the force of the 'bang'
Edited by TTwiggy on Thursday 12th July 16:44
As it was a large lorry that hit them the distance they could have been pushed forward could have been a fair distance.
The best way is to ease of the brake slowly and cushion the impact but again with a heavy lorry this may not be best.
R_U_LOCAL said:
Greensleeves said:
I thought that if you're not at fault, your insurance company would help you anyway, regardless of whether you have additional legal cover? Correct me if I'm wrong.
As far as recovering vehicle repair or write-off costs are concerned, yes, but not for personal injury claims.Thanks for all the comments.
Unfortunately we do not have legal cover with the (fully comp) insurance, even though we have 2 vehicles and the house (does have legal cover but the people in India don't know what to do) all insured with them. They are being a total pain and have the call centre in India which is not easy - a great service for thousands spent each year (which will all be changed asap).
We have also been treated appallingly by those involved and their governing bodies, and they are giving no assistance what so ever - be warned in case it ever happens to you. I have asked for help, information etc - we have had to spend about £1000 so far ourselves on vets bills, phones, am getting charged £60 + Vat per day for a car, new car seat, taxi's, dog bed, etc etc and they are not interested, even to the point of trying to hush it up.
I am led to believe that our car is under investigation so has limited access, so we can not get items out. I have also just had an assessor ring offering much much less than value as he carn't find a similar vehicle with full electric pack, full leather etc - and has not even included all the extra's such as tow bar, boot tray, blinds, first aid kit, fire extinguisher, invertor, 12v tyre kit, etc which is all about another £1k.
It is crazy and worst of all they have not even asked how any of us are - maybe it's time to get the photographs up on the WWW and also contact the media. Has anyone gone this route?
With Reference to the Brake Pedal -
I saw it all happening in my rear view mirror which of course is very traumatic and the instant thoughts were for the children. So, the reason that I did not want the vehicle to go forward (it did still travel quite a distance though with all the anchors on) and used the brake is just as pointed out below. It was a massive bang and impact from just the one impact anyway as you can imagine. You can get sandwiched (I know of many instances that this has happened - resulting in either death or serious injuries) and also you end up with two impacts - thus two lots of whiplash (they say you go forward and back twice in each collision), a greater chance of a failure of car components (windows, crumple zones, air bags etc) and of course more injury - imagine being projected forward by rear impact and then as your body is forward, getting pushed in the other direction by a front impact, something will give - and most likely your neck or back. F=MA - Lets also not forget this was a fast moving and heavy vehicle.
Another thing about if you do collide with the vehicle in front, you have less chance of getting out of a vehicle - twisted roof, closed door gaps etc. One person I am led to believe in another accident (on the same road) didn't leave space, was involved in a collison - took their seat belt off and went through the front window due to a rear impact.
So, for me, plenty of room always, you have a better chance of survival not just for the driver but all the people that are on board. I didn't even have to use the life hammer as all the belts un-clipped and the doors open (with some force).
The chap in the car - a Volvo V70 (which is totally wrecked) didn't do the same as me and ended up getting slammed by the same large lorry type vehicle into (maybe us first) and then the back end of a lorry, As the rear impact was such a force the car was not wedged under the lorry but actually bounced backwards - I bet the wish they braked harder! As far as I know he has broken something, where as we only have compressions and light fractures, plus of course lots of other things but nothing that hopefully can not heal.
Thanks again for your information.
As it was a large lorry that hit them the distance they could have been pushed forward could have been a fair distance.
The best way is to ease of the brake slowly and cushion the impact but again with a heavy lorry this may not be best.moot point, but by Newton's laws I think my plan's better...
Unfortunately we do not have legal cover with the (fully comp) insurance, even though we have 2 vehicles and the house (does have legal cover but the people in India don't know what to do) all insured with them. They are being a total pain and have the call centre in India which is not easy - a great service for thousands spent each year (which will all be changed asap).
We have also been treated appallingly by those involved and their governing bodies, and they are giving no assistance what so ever - be warned in case it ever happens to you. I have asked for help, information etc - we have had to spend about £1000 so far ourselves on vets bills, phones, am getting charged £60 + Vat per day for a car, new car seat, taxi's, dog bed, etc etc and they are not interested, even to the point of trying to hush it up.
I am led to believe that our car is under investigation so has limited access, so we can not get items out. I have also just had an assessor ring offering much much less than value as he carn't find a similar vehicle with full electric pack, full leather etc - and has not even included all the extra's such as tow bar, boot tray, blinds, first aid kit, fire extinguisher, invertor, 12v tyre kit, etc which is all about another £1k.
It is crazy and worst of all they have not even asked how any of us are - maybe it's time to get the photographs up on the WWW and also contact the media. Has anyone gone this route?
With Reference to the Brake Pedal -
I saw it all happening in my rear view mirror which of course is very traumatic and the instant thoughts were for the children. So, the reason that I did not want the vehicle to go forward (it did still travel quite a distance though with all the anchors on) and used the brake is just as pointed out below. It was a massive bang and impact from just the one impact anyway as you can imagine. You can get sandwiched (I know of many instances that this has happened - resulting in either death or serious injuries) and also you end up with two impacts - thus two lots of whiplash (they say you go forward and back twice in each collision), a greater chance of a failure of car components (windows, crumple zones, air bags etc) and of course more injury - imagine being projected forward by rear impact and then as your body is forward, getting pushed in the other direction by a front impact, something will give - and most likely your neck or back. F=MA - Lets also not forget this was a fast moving and heavy vehicle.
Another thing about if you do collide with the vehicle in front, you have less chance of getting out of a vehicle - twisted roof, closed door gaps etc. One person I am led to believe in another accident (on the same road) didn't leave space, was involved in a collison - took their seat belt off and went through the front window due to a rear impact.
So, for me, plenty of room always, you have a better chance of survival not just for the driver but all the people that are on board. I didn't even have to use the life hammer as all the belts un-clipped and the doors open (with some force).
The chap in the car - a Volvo V70 (which is totally wrecked) didn't do the same as me and ended up getting slammed by the same large lorry type vehicle into (maybe us first) and then the back end of a lorry, As the rear impact was such a force the car was not wedged under the lorry but actually bounced backwards - I bet the wish they braked harder! As far as I know he has broken something, where as we only have compressions and light fractures, plus of course lots of other things but nothing that hopefully can not heal.
Thanks again for your information.
TTwiggy said:
TPS said:
TTwiggy said:
hate to preach at someone who's clearly been through a very nasty experience but...
big gap between you and car in front = very good idea
handbrake on and foot hard on brake before a rear impact = very bad idea, as it increases the force of the 'bang'
Big gap take brake of and get punted forward into the back of the vehicles in front and squashed (possibly to death).Whilst your therory is good in practicse trust me it may not be the best idea.If they saw the vehicle coming they may have been able to brace prior to impact.big gap between you and car in front = very good idea
handbrake on and foot hard on brake before a rear impact = very bad idea, as it increases the force of the 'bang'
Edited by TTwiggy on Thursday 12th July 16:44
As it was a large lorry that hit them the distance they could have been pushed forward could have been a fair distance.
The best way is to ease of the brake slowly and cushion the impact but again with a heavy lorry this may not be best.
Edited by whiteangel on Thursday 12th July 19:11
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