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Car accident - claim going to court and I'm scared

(17 Posts)
theresneverbeen Fri 03-Mar-17 17:42:08

I had a car accident nearly two years ago when a car drove in to the back of my car at speed when I was at a standstill. They made a ridiculously low offer that didn't even cover the costs I'd incurred due to the accident, so it's going to have to go to court.

I feel as if I've been punished at every point - I couldn't replace the car as I had to use the money to get around (I couldn't drive for 6 months due to the injuries) and I'm still in pain every day. I've even lost my marriage due to it (ExH had an affair as I was in too much pain to enjoy sex).

The other party's solicitor has missed every deadline throughout the whole process. I can't help but think that it's all going to go the other party's way even though they're clearly at fault (and admitted it) - everything seems to have gone in their favour so far.

Sorry I sound so doom and gloom, it's just bringing me down.

Does anyone have any advice to give or experiences to share? I just can't even start to imagine what it would be like going to court, never mind the fear of losing.

Thanks in advance

LottieL Fri 03-Mar-17 17:46:22

It would be unusual for this to go in their favour if they have accepted fault.
When you say that their offer was low, was this to cover your car damage? I'm assuming your car was written off and you therefore were offered the market value of it.
As for injuries, are you claiming for these? What injuries did you sustain and have you put something on top for emotional distress and personal loss? I believe these are quite hard to quantify outside of court so I guess that's why it might have been difficult to come up with a value.

Sorry you are suffering and that this happened to you, it's awful that you are still troubled by this.

theresneverbeen Fri 03-Mar-17 17:59:29

Thanks for your message Lottie

The car was indeed written off and the money I got for that all had to go on taxis to get me to and from work etc for the next six months.

An orthopaedic consultant examined me - he said one thing to me and then wrote something completely different in the report. It was like he'd written it about a different person. Basically, I had no knee pain at all before the accident but have had following it - in the examination he said (as did three physios, independently of each other) that it was down to the impact, but in his report he said that he couldn't say that I'd not have had pain in my knee anyway seeing as knee problems are quite common. I was floored by his comments. He also wrote that he couldn't credit me for not being able to drive for six months! I couldn't drive as I wouldn't have been safe as I couldn't press on the brake!

As for the emotional side - I had an assessment just after I found out about my husband's affair and she said that the emotional damage (I can't remember her term for it) was part due to the accident and part due to the split.

HSMMaCM Fri 03-Mar-17 18:11:36

Going to court is fine. Just make sure you have all the information you need with you and answer the questions honestly.

theresneverbeen Fri 03-Mar-17 18:38:16

Thanks for your reassuring message. I've told the truth all the way through but I do worry I'll get flustered in the circumstances.

LottieL Fri 03-Mar-17 19:16:17

I think they will expect a certain amount of nerves so don't worry too much about that - I think they know it's not a natural place for most people to be 🙂
Try and get all your information together and ready, if you can get further reports from doctors they will probably help too as it sounds like the reports that were gathered in the first instance were a bit crap. At least if you feel more comfortable with the information you are providing it may well help your nerves.
Good luck, I hope it goes well for you. It sounds like it has been an awful time.

theresneverbeen Sat 04-Mar-17 11:18:17

Thanks LottieL really appreciate your help

Astro55 Sat 04-Mar-17 11:23:11

Do you need to be there?

I had an accident and it went to court but the insurance company dealt with it in court and I didn't need to be there

Pigeonpost Sat 04-Mar-17 11:32:05

I'm an ex personal injury solicitor. Why is it going to court? Is the medical report you refer to your report or theirs? If theirs then what does your expert say about the inconsistencies? What has your solicitor told you about the court process? Just because court proceedings are being issued doesn't mean you are going to end up giving evidence, it might just be because the 3rd anniversary of the accident is approaching, something called the limitation period. Presumably your solicitor has advised you about the potential consequences if a judge awards you less than the amount offered? Your solicitor really should be able to deal with all these concerns for you, it's their job!

theresneverbeen Sat 04-Mar-17 15:07:08

Astro55 - I didn't know I might not have to be there! That's good news, thanks

theresneverbeen Sat 04-Mar-17 15:13:23

Pigeonpost - believe it or not it's the consultant commissioned by my solicitor! I was advised by my solicitor not to question his report twice as he was likely to take against it as it put his ability in question.

My solicitor seems lovely, but there are long periods of time when I hear nothing at all. He said in November that he was preparing the court papers, but I only received them last week. He advised me to reject the offer as it was low, and told me that i would be liable for both sides' legal costs if the court found against me. That's why I'm so nervous!

Common sense tells me that it should be ok - I've told the truth all along and the other party did admit they were at fault. But I have such bad luck in general that I'm concerned about it all.

Thanks again everyone for your advice and support

Astro55 Sat 04-Mar-17 15:48:02

Your solicitors should be looking gain - any work you lost - additional acosts like taxi fares to allow you to work - replacement cost of the car and compensation for injuries

Good luck

theresneverbeen Sun 05-Mar-17 13:48:27

Thanks again Astro55

specialsubject Sun 05-Mar-17 14:23:22

Surprised this isn't cut and dried as driving into the back of another car, moving or not, is always the fault of the driver going too fast / on the phone / not looking. Hope all goes well.

Have to say your ex sounds a real dick looking for an excuse to shag around. Good riddance.

GladAllOver Sun 05-Mar-17 14:33:22

If you couldn't drive because of the injury, you should be getting the costs of the taxis in addition to the car replacement value.

theresneverbeen Sun 05-Mar-17 22:35:44

Thanks @specialsubject and @GladAllOver

I'd thought that as it was clear who was at fault that it would be quite straightforward! Nearly two years and it's still all rumbling on...

Yes, turns out my ex was a complete arse and I'm well shot of him. That's the one good thing to come of this smile

Jlv2017 Tue 12-Dec-17 18:31:28

Hi was just reading through and i am in a similar position... do you have an update on how things went?

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