Insurance Claim (UPDATE) - Advice Please

[TiN]

Hello,

For those who do not know about what I'm talking about (which is probably most of you), then I will try to dig out a link to one of my earlier posts at some point, but in the mean time...

I just got a call from the "solicitors" (after I emailed them to hassle them), and they are basically saying that I will only be getting 20% of the claim. The reason for this is because of a recent court case where the judge ruled in favour of the car driver.

They have already said that the third party have sent off the cheque to them, and then it will be forwarded onto me. I did not agree to this as such, but I did subsiquently end the telephone conversation (in an appropriate mannar, of course), and now here I am. I need to act quickly before they assume that I am 100% accepting their verdict, so I need to know whether it will be worth approaching a specialised legal firm to continue my fight or not. And should I wish the claim to go to court - do I need to be present? And what is the worst that could happen?

Any advice would be appreciated.

Cheers.
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TiN
dotgems.net

[McJamweasel]

If she pulled out on you how the hell can that be your fault??

Madness, pure madness.
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BCF: Be yourself, just don't be an arse.

[TiN]

[T.C]

Two points to bear in mind, firstly solicitors, courts and insurance companies cannot use case law to determine liability, they can only use it as a guide, every case must be judged on the facts not because some bit of case law said that liability was an 80/20 as it would have been based entirely on that case.

Secondly, a solicitor cannot settle a case without your approval. They can advise you that they consider it to be an appropriate offer, but only you can decide whether you the offer is acceptable, so to say that a cheque is on its way, particularly if it is in full and final settlement without your approval is a breach of the civil procedure rules (CPR).

99% of cases settle without ever seeing the inside of a court, but if it was a personal injury case you do need a specialist rather than some one who is in general practice. I cannot comment further without knowing the full facts, but if you are adamant that 80% liability against you is wholly unfair, then you may need to think about seeing a specialist or even just consider getting a second opinion.

How is it funded? If you are on legal expenses insurance then go back to your insurers, if you are on a conditional fee agreement (no win no fee), then you can dismiss your current solicitors at any time and instruct a new firm to represent you.

How long ago did the accident happen? Remember you only have three years from date of injury or date of knowledge for proceedings to be issued!
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It is better to arrive 30 seconds late in this world, than 30 years early in the next

[T.C]

[TiN]

Right, just been called back, and was told that my accident will be judged based upon some previous court case, which is being used as a sort of "standard". So basically is doesn't matter what help I seek, I would never get more than 20%.

Apparently I "created my own lane of traffic" by passing a load of parked cars. What bullshit.

Well, maybe I should go to the council or something then. Sue them for allowing cars to be parked on that road, 'cos it's a joke.
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TiN
dotgems.net

[TiN]

[T.C]

[quote="TiN"]

[TiN]

[T.C]