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Personal injury claim question?

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Yamaha2k12
Derestricted Danger



Joined: 05 Oct 2012
Karma :
PostPosted: 14:56 - 05 Jan 2014    Post subject: Personal injury claim question? Reply with quote
Hello guys.

Would like some advice please. I was knocked off my bike in 2012 and the other side admitted full liability and my insurance referred me to Minster Law.

They have been dealing with my case and got me a part payment (interim payment) for my injuries and damages which I got in September 2013 and said that my injuries are worth more but the other side have offered less so it's going to court and my court date is next Thursday.

My questions are:

What's the possibility of the other side making an offer between now and Thursday so they don't have to go to court. (The reason I ask this as I was told only 1% of cases go to court).

Will I have to pay any fees to Minster Law once my case is settled.

Thanks in advanced.
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Vincent This post is not being displayed because the poster is banned. Unhide this post / all posts.

Yamaha2k12
Derestricted Danger



Joined: 05 Oct 2012
Karma :
PostPosted: 15:37 - 05 Jan 2014    Post subject: Reply with quote
Vincent wrote:
Can you think of any reason why the case may go the other way? (no need to mention specifics on here Wink )

The fees are something you need to find out from the claims company. I'd be a bit suspicious of the insurance company handing the case to a specific solicitor. I know what most lawyers are like and can just imagine all the back room negotiating going on. What's to stop the insurance company you're claiming off paying your solicitor to accept a smaller pay-out?


My insurance referred me because I was only on Third Party Theft And Theft. My solicitor said that my claim is worth more and that I can get more but the other side have only paid about 65% of the claim so they are going to court to get the rest of compensation.
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Derek1943
Two Stroke Sniffer



Joined: 23 Nov 2013
Karma :
PostPosted: 16:09 - 05 Jan 2014    Post subject: Reply with quote
Hi

If the award is equal or less than what has already been offered the cost will fall on your side. If you are awarded more then the cost are borne by the other party.

Yes they may well be testing your nerve and settle before the court date at the last minute. If your solicitor is sure about the amount of your claim you really need to take his advice. The solicitor would have already sought advice from a barrister who specializes in the aspect of law. As far as who pays if it goes tits up then you must phone your solicitor and ask this question.

Also ask him the what are the chances of your side losing. If you do not need to stand the cost why worry. My guess is that if your insurance has instructed a solicitor to represent you the you will not be liable for the cost but the simple way to establish if this is so is to ask your solicitor.

Derek
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Yamaha2k12
Derestricted Danger



Joined: 05 Oct 2012
Karma :
PostPosted: 21:26 - 05 Jan 2014    Post subject: Reply with quote
restandplay wrote:
Hi

If the award is equal or less than what has already been offered the cost will fall on your side. If you are awarded more then the cost are borne by the other party.

Yes they may well be testing your nerve and settle before the court date at the last minute. If your solicitor is sure about the amount of your claim you really need to take his advice. The solicitor would have already sought advice from a barrister who specializes in the aspect of law. As far as who pays if it goes tits up then you must phone your solicitor and ask this question.

Also ask him the what are the chances of your side losing. If you do not need to stand the cost why worry. My guess is that if your insurance has instructed a solicitor to represent you the you will not be liable for the cost but the simple way to establish if this is so is to ask your solicitor.

Derek



Thanks for this, very helpful.
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