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Insurance claim 1st offer? Part 36 offer.

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Reevo8
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Joined: 30 Jun 2004
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PostPosted: 18:19 - 19 Aug 2008    Post subject: Insurance claim 1st offer? Part 36 offer. Reply with quote

Hi,

Some may know, some may not and some may have forgot. 05 August 2005 I was knocked off of my bike. Brain damaged, couple of minor breaks, bike written off (03 CBR6RR).

So my claim barely moved until I was asked to supply costs around a year ago, it still didnt move from there.lol

I received an offer today of £XX,XXX.00 Now this is not a bad amount, however has been explained as a part 36 offer.

Which after reading up means if I was to make a counter offer and not have that accepted then I would end up paying for costs from both sides in court. I beleive that I can counter the original offer, and if the next offer is ok I may accept (what I expect to happen).

I have been advised to weigh up the risk, and informed my solicitors beleive the amount to be less than anticipated(no fucking help there then).

Any advice? I know I have always heard not to accept the first offer, but does this benefit in a part 36 offer?

Cheers

Sam
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 18:44 - 19 Aug 2008    Post subject: Reply with quote

No idea of part 36 or jargon like that but:

My understanding is that you'll only be responsible for costs if the case went to court and it was decided by the court that your case is worth less than they offered you today.

So if they offered you £10 today and in 6 months time it was ruled by a court that your case is worth £8 then you'd be responsible for those 6 months of fees for both sides which would come out of your £8 settlement.

I'd say go with your solicitors tell you. Thumbs Up They're the ones who'll be fighting your case for you, so what they think about it is far more important than what BCF reckons.

To give you some comparison, the first offer received for my claim (for similar type of stuff) was turned down. It was later settled for an amount which was 66% higher.
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Reevo8
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Joined: 30 Jun 2004
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PostPosted: 18:57 - 19 Aug 2008    Post subject: Reply with quote

Ok, well my solicitor advised that I weigh up the possibilities. lol, not either way, just that I think about it.

I have not had a chance to call them hense my asking on here for the general consensus.

My case should be worth more in reality, much more, but should I take the risk? I was always going to call the solicitors tommorrow and ask for there input as BCF cant exactly decide for me. Was more thinking that people can input what they have done, what they would do, or bring up things I hadnt thought of!
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iooi
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Joined: 14 Jan 2007
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PostPosted: 19:39 - 19 Aug 2008    Post subject: Reply with quote

This is one of the times when a google throws up no usefull info other than a list of the 100% of the claim merchants. Sick

Can you not ask your legal advisor Rolling Eyes to find out how the payout compares to others that have gone to court... I'm thinking of making them work for the payout they will be getting.
I bet the reason that they will not say one way or the other is if you then find that you could have got a lot more, they would be open to providing poor advice and be sued Laughing

Guess it really is upto you on how well you feel the offer is compared to what you may have been advised in the past you could expect.
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T.C
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Joined: 05 Nov 2003
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PostPosted: 11:39 - 20 Aug 2008    Post subject: Reply with quote

A Part 36 offer comes under the Civil Rules Procedure and you have the option to accept or refuse.

(1) An offer to settle which is made in accordance with this rule is called a Part 36 offer.

(2) A Part 36 offer must –

(a) be in writing;

(b) state on its face that it is intended to have the consequences of Part 36;

(c) specify a period of not less than 21 days within which the defendant will be liable for the claimant's costs in accordance with rule 36.10 if the offer is accepted;

(d) state whether it relates to the whole of the claim or to part of it or to an issue that arises in it and if so to which part or issue; and

(e) state whether it takes into account any counterclaim.


(Rule 36.7 makes provision for when a Part 36 offer is made)
(
3) Rule 36.2(2)(c) does not apply if the offer is made less than 21 days before the start of the trial.

(4) In appropriate cases, a Part 36 offer must contain such further information as is required by rule 36.5 (Personal injury claims for future pecuniary loss), rule 36.6 (Offer to settle a claim for provisional damages), and rule 36.15 (Deduction of benefits).

(5) An offer or may make a Part 36 offer solely in relation to liability.

If you are on a conditional fee agreement (No win no fee) it makes no difference in respect of costs and normally the offer is made by the claimants solicititor on the basis of what he/she feels is a reasonable offer.

If the part 36 is refused, then this is usually the last stage before proceedings are issued and it goes to trial.
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Reevo8
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Joined: 30 Jun 2004
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PostPosted: 11:42 - 20 Aug 2008    Post subject: Reply with quote

I have already used my initiative and googled it. I have given you some helpful type karma, but I have already studied the laws of the ruling(although thats since my original post).

Appreciate the help though. Good looking out! Thumbs Up Karma
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sickpup
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Joined: 21 Apr 2004
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PostPosted: 11:52 - 20 Aug 2008    Post subject: Reply with quote

Have they included a break down of the offer?
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