Litigation Question
Discussion
I am after some advice as I am getting frustrated by an ongoing claim I have for an injury incurred last Spring when I was knocked off my bicycle.
The simple scenario is that last Spring, I was knocked off at a Junction by a car, and I approached a solicitor soon afterwards as I could not make any progress with her insurance company when I tried to liaise directly. Since then the case is ongoing with a well known solicitor, and has been valued in the region of £10k by them following being seen by their independent medical specialist. For what is an extremely simple scenario though, this has been taking a seriously long time to get sorted and we are approaching almost a year since the accident with still no conclusion. Other than an initial cheque from the third party insurance that came through very early on last year (when I got the solicitors involved), I have had nothing further and it seems that the third party insurance is purposefully dragging it's heels and causing delay upon delay unnecessarily.
I am led to believe that this is normal practice by insurance companies in an effort to avoid paying out until the last second and also to to try and psychologically grind down the opponent. Is this the case? Reading a few threads on line across the forums seems to suggest some people in my position have had payouts the same week as the accident????
Yesterday, I was copied into an email from the insurance company solicitor to say they had reviewed the case and "asked for instructions regarding offers". They said they should be able to get back to my solicitor "by the end of the week". This seem's to be the most significant development in months, although I fear it may be yet another false hope followed by weeks of more delay's and pointless chasing around.
My solicitors are adamant I will get a good chunk of money out of this, and have stated on a few occasions they are close to initiating court proceedings, but the amount of time to resolve this is starting to get quite frustrating. Is my case an anomaly or is this all just par for the course?
Thanks
The simple scenario is that last Spring, I was knocked off at a Junction by a car, and I approached a solicitor soon afterwards as I could not make any progress with her insurance company when I tried to liaise directly. Since then the case is ongoing with a well known solicitor, and has been valued in the region of £10k by them following being seen by their independent medical specialist. For what is an extremely simple scenario though, this has been taking a seriously long time to get sorted and we are approaching almost a year since the accident with still no conclusion. Other than an initial cheque from the third party insurance that came through very early on last year (when I got the solicitors involved), I have had nothing further and it seems that the third party insurance is purposefully dragging it's heels and causing delay upon delay unnecessarily.
I am led to believe that this is normal practice by insurance companies in an effort to avoid paying out until the last second and also to to try and psychologically grind down the opponent. Is this the case? Reading a few threads on line across the forums seems to suggest some people in my position have had payouts the same week as the accident????
Yesterday, I was copied into an email from the insurance company solicitor to say they had reviewed the case and "asked for instructions regarding offers". They said they should be able to get back to my solicitor "by the end of the week". This seem's to be the most significant development in months, although I fear it may be yet another false hope followed by weeks of more delay's and pointless chasing around.
My solicitors are adamant I will get a good chunk of money out of this, and have stated on a few occasions they are close to initiating court proceedings, but the amount of time to resolve this is starting to get quite frustrating. Is my case an anomaly or is this all just par for the course?
Thanks
The legal firm is Slater and Gordon, and their costs are paid directly by legal insurance I have elsewhere, so, they won't be taking any fee's out of my payout. The insurance are a sub company of Hastings if I remember correctly.
Simple scenario in terms of injury. Minor injuries involving short term bruising and cuts, long term injuries of deep tissue problems in my shin, same in the knee, plus scarring on both knee and shin which although minor is likely going to be for life. Lot's was made of psychological issues post accident, plus inconvenience caused to me being off work and my other half being heavily pregnant as well as a load of other things. I have had 2.5k already and my solicitor have stated in writing to me they will not accept less than a further 6k, making a minimum total of 8.5k. They have asked for more than this though, to allow room for negotiation. They seem very genuine about going to court and I get the impression that if offers don't start coming this will be happening soon. I have already been told it will delay things further if this does happen, and to expect that as a possibility.
Liability wise I have no idea of the position. I have stated it is the car driver's, based on the fact she started a manoeuvre that directed her into my path causing me to collide with her. This manoeuvre began when I was next to her, giving me no time to react at all. She was a new driver. Following hitting me she panicked and drove through a hedge and crashed into someone's garden. You get the gist. To my knowledge, this has never been questioned or challenged by anyone however I have never been told anything in regards to liability or how the insurers see it.
Ultimately I just want to know roughly what I can expect to get and when. I think the valuation is very very high and would be happy with half of that to be honest, I just want to get it done and dusted and move on. Had they offered me 3k back last spring I would have taken it.
Simple scenario in terms of injury. Minor injuries involving short term bruising and cuts, long term injuries of deep tissue problems in my shin, same in the knee, plus scarring on both knee and shin which although minor is likely going to be for life. Lot's was made of psychological issues post accident, plus inconvenience caused to me being off work and my other half being heavily pregnant as well as a load of other things. I have had 2.5k already and my solicitor have stated in writing to me they will not accept less than a further 6k, making a minimum total of 8.5k. They have asked for more than this though, to allow room for negotiation. They seem very genuine about going to court and I get the impression that if offers don't start coming this will be happening soon. I have already been told it will delay things further if this does happen, and to expect that as a possibility.
Liability wise I have no idea of the position. I have stated it is the car driver's, based on the fact she started a manoeuvre that directed her into my path causing me to collide with her. This manoeuvre began when I was next to her, giving me no time to react at all. She was a new driver. Following hitting me she panicked and drove through a hedge and crashed into someone's garden. You get the gist. To my knowledge, this has never been questioned or challenged by anyone however I have never been told anything in regards to liability or how the insurers see it.
Ultimately I just want to know roughly what I can expect to get and when. I think the valuation is very very high and would be happy with half of that to be honest, I just want to get it done and dusted and move on. Had they offered me 3k back last spring I would have taken it.
Durzel said:
At the risk of poking the elephant in the room, there appears to be evidence on this very forum of the OP riding at an group event in early October of last year, so one would presume that the injuries sustained at the time of the accident weren't life changing.
They certainly not life changing no, and I can still ride perfectly well. To clarify and this was always from the start, I just forgot to mention cost of the bike at the beginning.
Bike cost 3.5k.
Initial Payment received of 2.5k.
Months go past, medical happens, I then get a valuation of the injury which is documented as 6 - 7k.
Therefore that brings a total valuation of 3.5k + 7k, which is 10.5k. I have received 2.5k already, so, that leaves 8k left to settle.
I of course do not expect to get this amount, nor am I even convinced I am entitled to this amount, however, this is what I have been presented with.
Bike cost 3.5k.
Initial Payment received of 2.5k.
Months go past, medical happens, I then get a valuation of the injury which is documented as 6 - 7k.
Therefore that brings a total valuation of 3.5k + 7k, which is 10.5k. I have received 2.5k already, so, that leaves 8k left to settle.
I of course do not expect to get this amount, nor am I even convinced I am entitled to this amount, however, this is what I have been presented with.
I may be wrong but I get the impression S and G are quite a reputable and competent company. They have certainly always been consistent with me and very clear cut, so despite being a very sceptical person I do believe this will have a positive outcome.
I have already asked why it has taken so long, to which the general response is that the third party always respond within the time scales required, but do not respond satisfactorily. For example, they were recently approached for an update on offers and their response was to ask for information they already had / were given at the start of the claim (about valuation of my bike). So it seems that by responding they cover themselves (i.e they are not ignoring my solicitor) but they continually dodge the actual conclusion of the claim by either asking for more information or stating "it is being looked at". Heel dragging for want of a better word.
I have already asked why it has taken so long, to which the general response is that the third party always respond within the time scales required, but do not respond satisfactorily. For example, they were recently approached for an update on offers and their response was to ask for information they already had / were given at the start of the claim (about valuation of my bike). So it seems that by responding they cover themselves (i.e they are not ignoring my solicitor) but they continually dodge the actual conclusion of the claim by either asking for more information or stating "it is being looked at". Heel dragging for want of a better word.
Well the end of the week has come and as usual I have heard diddly squat.
No doubt I can hope for something next week but I suspect it will be me on the phone again chasing for updates with very little progress being made.
Re the comment above about the bike, luckily it is very new and I have all the receipts and documentation for it, so the value is a genuine one. It was in showroom condition as it was used rarely, and it was discontinued around the same time that I bought it, so direct replacement was not an option. In that sense, I have actually lost out more, as the bike is not able to be replaced.
No doubt I can hope for something next week but I suspect it will be me on the phone again chasing for updates with very little progress being made.
Re the comment above about the bike, luckily it is very new and I have all the receipts and documentation for it, so the value is a genuine one. It was in showroom condition as it was used rarely, and it was discontinued around the same time that I bought it, so direct replacement was not an option. In that sense, I have actually lost out more, as the bike is not able to be replaced.
Just had an email from my solicitor to say they are issuing proceedings in the absebce of any offers by close of play today due to an unacceptable delay in communication. This has also been forwarded to the third party insurer. Looks like the process is going to get a whole lot longer.
I was going to ask actually... and I dont know if its different not being a motor vehicle driver and therefore not having an insurance company to act on my behalf...
Lets say I get an offer which is agreed by all but then the insurer does not pay up and continually delays matters as has been the case so far?
Lets say I get an offer which is agreed by all but then the insurer does not pay up and continually delays matters as has been the case so far?
Just to confirm, I spoke to my solicitors today who have stated they are sending out the court papers to me in the post to sign and return. They say the delay is ridiculous and my file has been sat on her desk now idle for 3 months and everyone is getting fed up with it. Basically they drag their feet and stretch it out as long as possible, replying in the time frames required but not replying with anything meaningful.
They state I may get an offer once the paperwork is initiated but this is where it is now going. I must say I couldn't be more fed up with it all, I had my suspicions about insurance companies and what a racket it all is, and this whole experience has just confirmed it for me. I just cannot understand how anyone can get away with treating people so disgustingly.
They state I may get an offer once the paperwork is initiated but this is where it is now going. I must say I couldn't be more fed up with it all, I had my suspicions about insurance companies and what a racket it all is, and this whole experience has just confirmed it for me. I just cannot understand how anyone can get away with treating people so disgustingly.
Its nothing to do with acting in any specific way. What I want is some action, any action.
The insurance company have done their damndest to ignore me and my solicitors for ages now. Questions don't get answered they just get swerved or answered with another question. They accepted liability a long time ago as far as I know and have just sat on the fence since.
They stated only last week it was being passed for offers and since then the usual zero response. They don't even acknowledge my solicitor.
They need to state their position and should have done yonks ago. It's just false promises every time. Either say no to me and we go to court or make an offer but don't do neither.
The insurance company have done their damndest to ignore me and my solicitors for ages now. Questions don't get answered they just get swerved or answered with another question. They accepted liability a long time ago as far as I know and have just sat on the fence since.
They stated only last week it was being passed for offers and since then the usual zero response. They don't even acknowledge my solicitor.
They need to state their position and should have done yonks ago. It's just false promises every time. Either say no to me and we go to court or make an offer but don't do neither.
LoonR1 said:
That's the point, that may be their game plan. They have no legal responsibility to you, they do have one to themselves and their policyholder. It may not work out well for them in the long run, but they have the right to do this.
That may be the case, and I understand that they are not obliged to "serve me" or bow to my demands, however, I think I also have the right to be given a clear and concise position in regards to how they view me and my claim. I have never had any single piece of communication from them about anything, never had liability confirmed or denied, nothing. It's all just guesswork.KungFuPanda said:
Have they admitted liability? I presume so given that you received an interim payment.
Hopefully, once the file gets litigated, it will be sent to the third party panel solicitor who will get an offer out to get rid of the file.
It's difficult, but don't take the delays personally. I know it's no excuse but most insurer case handlers have hundreds of files to deal with which of course will cause a delay.
I guessed this and it all sounds reasonable and plausible. However, it will be yet another occasion when I am told "That's it now, you should definately get an offer at this stage". I keep getting told that and it never happens! I will update in a few weeks as I suspect nothing will happen now for a while.Hopefully, once the file gets litigated, it will be sent to the third party panel solicitor who will get an offer out to get rid of the file.
It's difficult, but don't take the delays personally. I know it's no excuse but most insurer case handlers have hundreds of files to deal with which of course will cause a delay.
Liability is unknown, they won't disclose anything to my solicitor.
A part 36 offer is I think what my insurers went to them with, that was the sum they suggested? If thats not what Part 36 is then no, as nothing has been offered or agreed at all.
All evidence my side has been gathered and done ages ago.
As far as I have been told court proceedings can be issued now and I think that's what we are now doing.
A part 36 offer is I think what my insurers went to them with, that was the sum they suggested? If thats not what Part 36 is then no, as nothing has been offered or agreed at all.
All evidence my side has been gathered and done ages ago.
As far as I have been told court proceedings can be issued now and I think that's what we are now doing.
Quick update, of which there is no update, again.
The third party insurers have ignored my solicitor, again, the promise of my case being passed to the relevant team for offers has fallen on it's face, again, and nothing has happened. I am told the third party have not even acknowledged or responded to my solicitor.
As a result I could not help but call the third party insurer's solicitor / minion / whatever he is on the direct line provided on the email I was copied into. He seemed very surprised to hear from me, however I couldn't help myself, and am going to start hounding the pair of them now until I get a result. If I am frustrated with it, so can they be.
Interestingly he told me he had corresponded back on the 24th, although if that is true I am yet to hear what that is/was. Yes I have phoned back my solicitor and left the usual voice mail message that never normally get's replied to. Maybe after a few days if I am lucky.
Anger has taken over now, I find it unacceptable that nobody will really talk to me, so I am going to start becoming more and more annoying to give them just another reason to conclude this. I am not demanding money, I am demanding some answers and an end to this.
The third party insurers have ignored my solicitor, again, the promise of my case being passed to the relevant team for offers has fallen on it's face, again, and nothing has happened. I am told the third party have not even acknowledged or responded to my solicitor.
As a result I could not help but call the third party insurer's solicitor / minion / whatever he is on the direct line provided on the email I was copied into. He seemed very surprised to hear from me, however I couldn't help myself, and am going to start hounding the pair of them now until I get a result. If I am frustrated with it, so can they be.
Interestingly he told me he had corresponded back on the 24th, although if that is true I am yet to hear what that is/was. Yes I have phoned back my solicitor and left the usual voice mail message that never normally get's replied to. Maybe after a few days if I am lucky.
Anger has taken over now, I find it unacceptable that nobody will really talk to me, so I am going to start becoming more and more annoying to give them just another reason to conclude this. I am not demanding money, I am demanding some answers and an end to this.
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