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Reevo8 |
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Reevo8 World Chat Champion
Joined: 30 Jun 2004 Karma :
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Posted: 18:19 - 19 Aug 2008 Post subject: Insurance claim 1st offer? Part 36 offer. |
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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 ____________________ 05 ZX10R, (**05 WKR) |
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Ste |
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Ste Not Work Safe
Joined: 01 Sep 2002 Karma :
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Posted: 18:44 - 19 Aug 2008 Post subject: |
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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. 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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Reevo8 World Chat Champion
Joined: 30 Jun 2004 Karma :
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Posted: 18:57 - 19 Aug 2008 Post subject: |
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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! ____________________ 05 ZX10R, (**05 WKR) |
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iooi |
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iooi Super Spammer
Joined: 14 Jan 2007 Karma :
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Posted: 19:39 - 19 Aug 2008 Post subject: |
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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.
Can you not ask your legal advisor 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
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. ____________________ Just because my bike was A DIVVY, does not mean i am...... |
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T.C |
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T.C World Chat Champion
Joined: 05 Nov 2003 Karma :
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Reevo8 |
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Reevo8 World Chat Champion
Joined: 30 Jun 2004 Karma :
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Posted: 11:42 - 20 Aug 2008 Post subject: |
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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! ____________________ 05 ZX10R, (**05 WKR) |
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sickpup |
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sickpup Old Timer
Joined: 21 Apr 2004 Karma :
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Old Thread Alert!
The last post was made 15 years, 251 days ago. Instead of replying here, would creating a new thread be more useful? |
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