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Original poster

Is there a chance I will lose this case and be liable for the costs?

105 replies

Ohdoleavemealone · 19/01/2021 19:45

In Feb 2019, someone drove into the back of me.
He admitted liability but said he didn't believe it should have caused me the damage it did.
I had pains in my arm that lasted a few months but it was noticably weak afterwards. For over a year after, my leg was numb. It was painful when I stood for too long or sat in certain postitions for too long. I had physio which helped a little. Had an MRI to discover why I wasn't healing as the experts said I should.
By the time this finished I had been left with a dull ache in my hip which I still get. It is amplified by sitting too long or in certain positions. I am only 31 so should be able to do these things with ease.
I was advised to contact a solicitor to make a claim to get the physio due to a long wait on the NHS and being unable to afford it myself. They are pretty useless!

The insurance company have been trying to fight me ever since I had the MRI scan and it showed nothing. They have since decided I must be lying and are taking it to court to prove this despite records from physio, medical experts ( there is a descrepancy here which I think they are clinging onto), mechanic reports about my car and pictures of my laptop that was flung accross the foot and smashed despite being in a case.
The court paperwork states that if found to be lying, I face the costs associated with the case. I am of course confident that I am not lying and have said I will happily attend court to argue this, (solicitor thinks it won't get to court) but am now concerned that if they do decide I have lied, that I could be paying out alot of money I do not have.

Can anyone advise?

OP posts:
Sueaxlbrick · 19/01/2021 19:50

How much damage was there to your car? Did your insurer pay for the repairs?

Original poster
Ohdoleavemealone · 19/01/2021 19:57

The bar behind the rear bumper was bent a fair bit and the insurance paid, recovering costs from the other side I presume.

The driver never denied doing it but now his insurance are questioning everything right down to whether or not I was even driving the car!

OP posts:
TheQueef · 19/01/2021 20:05

Did the laptop indicate an exaggerated claim?

Original poster
Ohdoleavemealone · 19/01/2021 20:08

I don't think so. My insurance paid out for that. There were loads of ways my solicitor kept tyring me to exaggerate. Like trying to add petrol expeses to appointments but I declined. I said I couldn't use the gym as fully as I had before and she said she would try to claim some membership back which I declined. She kept asking if I had lost money due to being sent home from work and was annoyed when I said I had gone back to work the next day.

OP posts:
smoothchange · 19/01/2021 20:12

You went back to work the next day, so no financial loss?

Herdwick · 19/01/2021 20:15

@smoothchange

You went back to work the next day, so no financial loss?
She wants money for physio due to NHS waiting lists.....
Original poster
Ohdoleavemealone · 19/01/2021 20:15

No. I wouldn't have lost money anyway as I am employed full time so would have got sick pay.
I pushed back on loads of areas she wanted to try and get me extras for. I didn't want to exaggerate anything and get in any trouble so I have purposely been as honest as possible.

OP posts:
Original poster
Ohdoleavemealone · 19/01/2021 20:17

I have never wanted "compensation" as in a lump sum. I just wanted the costs of my phsyio covered.

OP posts:
Original poster
Ohdoleavemealone · 19/01/2021 20:19

The solicitor said they often do this as a scare tactic. Push to see if I will back down because people who are lying wouldn't have the balls to take it to court. There is a tiny part of me scared though.

OP posts:
smoothchange · 19/01/2021 20:21

Sorry I meant no loss of earnings, so it's just the cost of physio. I worded that very badly!!

I think as you have medical evidence re the physio you won't be found to be lying. The fact that you refused to add associated costs to the claim may well go in your favour.

MrsWaititi · 19/01/2021 20:22

What was the speed on impact op? How much was the repair to your vehicle.

Were you taken to hospital following the accident?

I used to work in personal injury claims, and soft tissue/whiplash injuries are very hard to prove as they're invisible, especially at low speed.

And as they're invisible injuries they are massively subject to fraudulent claims, so insurers are very wary.

NoPrivateSpy · 19/01/2021 20:24

If they are taking you to court, the burden is on them to prove you are lying beyond reasonable doubt I thought? Saying you're lying isn't proof.

They'll do anything not to pay. Try and not take it personally.

Original poster
Ohdoleavemealone · 19/01/2021 20:28

Going slowly as I was at a roundabout. Car infront of me hestitated and so I stopped, car behind didn't stop. His car was much bigger than mine though. Not sure how much it cost to repair.

I did go to hospital but here is where there is a descrepancy. Because I told the medical expert that the pain in my leg came on immediatley. I went to hospital as I was an hour from home and concerned about driving myself, they said I was fine and sent me away. Apparently, the leg wasn't noted in hospital notes. I cannot remember if I mentioned it at hospital but I do remember having to end a meeting early the next morning due to the pain in my leg though.

OP posts:
thenightsky · 19/01/2021 20:28

This is exactly what happened to my DD. She's even the same age as you. She was rear ended by someone texting when she was stationary at a red light. She suffered awful back pain. She didn't need to get a solicitor as her insurance company fought for the other party's insurance to pay for her to see a chiropractor. Two years later and they still pay for her to go every two months. Its been the only treatment that keeps her pain free.

Original poster
Ohdoleavemealone · 19/01/2021 20:29

@NoPrivateSpy Thats what I thought too. And I am genuinley not lying! It pisses me off because a friend of mine said she had whiplash after a crash and got a payout when she was actually okay. I am still in pain 2 years on and being accused of lying!

OP posts:
Original poster
Ohdoleavemealone · 19/01/2021 20:32

Maybe I should see a chiropractor if that helps your daughter. I am fed up with the discomfort.

OP posts:
MrsWaititi · 19/01/2021 20:34

Hmm. It would be interesting to know the exact speed, the vehicles each of you were driving, and the repair cost.

When I was working in PI the following would have been considered "PFIs" or potential fraud indicators:

Low speed (less than 10mph).
Only minor vehicle damage.
Not attending hospital on the date of incident.

Unless of course you were in a Fiat 500 and were hit by a lorry or something.

Did you have any pre-existing conditions or injuries before the accident that are in your medical history?

What are the physio costs to date? Unfortunately not needing to take any time off work doesn't go in your favour.

MrsWaititi · 19/01/2021 20:36

And if your costs were under £8k it would be usual that they would offer to settle the claim without prejudice in order to basics make it go away before they incur high legal fees.

If the third party solicitors have not offered a without prejudice settlement that would suggest they feel that they have a good chance of winning.

Original poster
Ohdoleavemealone · 19/01/2021 20:40

No pre exsisting conditions and no idea of physio costs. They stopped them at the start of the pandemic.

I didn't take time off because I am a push through it kind of person. I went home early on the day and the following day. I am a teacher so didn't want to let my students down.

I went to the hospital on the day and to the doctors a few days later as I wasn't feeling any better.

OP posts:
Pixxie7 · 19/01/2021 20:40

With any court case there is always as a chance that you could loose and I wouldn’t think the insurance company would go through with it unless they had a fairly good case. Also you have to consider that going forward you may have to pay difficulty with future insurance claims. Fingers crossed for you.

Original poster
Ohdoleavemealone · 19/01/2021 20:46

@Pixxie7 thank you. The solicitor doesn't think they will go through with it but the court date has now been set for July and so it has made me think about the repercussions.

OP posts:
MrsWaititi · 19/01/2021 20:49

I think you need to absolutely find out the total costs of:

Your treatment to date
The cost of the repair to your vehicle
The cost of the repair to the other vehicle

If you've been having physio for 2 years and yet there's very low vehicle damage, plus you have no supporting medical evidence (evidence of injury on X-rays or MRIs), then I'd be very concerned that the supporting physical evidence is not in your favour.

LIZS · 19/01/2021 20:49

@Ohdoleavemealone

No pre exsisting conditions and no idea of physio costs. They stopped them at the start of the pandemic.

I didn't take time off because I am a push through it kind of person. I went home early on the day and the following day. I am a teacher so didn't want to let my students down.

I went to the hospital on the day and to the doctors a few days later as I wasn't feeling any better.

Physios, both private and nhs are working.
Original poster
Ohdoleavemealone · 19/01/2021 20:51

@MrsWaititi

I think you need to absolutely find out the total costs of:

Your treatment to date
The cost of the repair to your vehicle
The cost of the repair to the other vehicle

If you've been having physio for 2 years and yet there's very low vehicle damage, plus you have no supporting medical evidence (evidence of injury on X-rays or MRIs), then I'd be very concerned that the supporting physical evidence is not in your favour.

I only had the physio for a year and it was on and off as they kept messing it up. The evidence shows that they support I was injured but that they don't believe I haven't recovered and therefore are exaggerating.
OP posts:
Original poster
Ohdoleavemealone · 19/01/2021 20:52

Sorry @LIZS I don't understand your comment.

OP posts:
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