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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:

torquewench · 19/01/2021 22:07

It is absolutely not going to be "big law" with a slick whizzkid legal genius handling the file. Its low value so it'll be an overworked paralegal with a law degree desperate to find a proper legal job not in a claim factory. I should know, 20+ years experience tells me 😂😂😂😂😂

eurochick · 19/01/2021 22:08

"The insurers lawyers, are unlikely to be high st. They are likely to be big law. Big law that only hire the best law students and train them up. The guys with high firsts from oxbridge and high ranked Russel groups. They are not cheap."

For a 4k claim for physio?

I predict a court door settlement offer. Have a think about what you are prepared to accept as you will likely not have much time to mull it over.

gobbynorthernbird · 19/01/2021 22:08

Bluntness, I know the law firms who are hired to defend insurers/are their panel solicitors. I also know the people who work in them. Because I'm on the other side. If you think that someone dealing with a MOJ portal valued case is a super-lawyer, you're mistaken.

gottakeeponmovin · 19/01/2021 22:09

What a terrrible way to treat people - you are only asking for medical costs to be covered not additional compensation. I had this happen to me almost exactly as you describe. I was stationery it was slow moving traffic but I still got really bad whiplash. The insurance just paid out to cover physio. The insurance company should be penalised for dropping things at the last minute to avoid this kind of behaviour. Hope all goes well op

gobbynorthernbird · 19/01/2021 22:09

@Ohdoleavemealone bluntness has no idea what they're talking about.

Bluntness100 · 19/01/2021 22:13

@torquewench

It’s not. This is wrong. And they will hire counsel for the trial. They won’t have Paralegals doing anything other than paralegal work. They will have researchers, tracking social media and investigating the claimant. A qualified solicitor will have the case, with junior lawyers assigned to do the grunt work

Don’t think becayse it’s low value it’s handled badly. It’s not. The reason it’s big law is the volume of cases. And the insurers monitor them on how many they settle, how many they go take to court, how many they win etc,

It’s all billable hours.

Bluntness100 · 19/01/2021 22:14

Op.

Can you say what insurer or law firm? Because you’re getting some really bad advice on here.

torquewench · 19/01/2021 22:15

Actual tears at the thought that the defendants insurer/solicitor will have any clue about your financial situation and assets. Quite apart from the fact that your solicitor is obliged to tell them AT THE OUTSET OF THE CLAIM how the claim will be funded at your end.

torquewench · 19/01/2021 22:15

Oh do be quiet, Bluntness, youre talking shite.

Original poster

Ohdoleavemealone · 19/01/2021 22:18

I appreciate everyone's input.

I have emailed my solicitor to ask for a conversation so I get my advise from her.
I'm going to bed now.

OP posts:

eurochick · 19/01/2021 22:18

Bluntness are you suggesting that your experience of having your daughter do a training contract somehow puts you in a better position to advise than the lawyers posting on this thread?

Bluntness100 · 19/01/2021 22:19

Sigh

Op. you can listen to the detailed advice I tried to give you, or you can listen to folks who post abuse only.

Your call.

Good luck,.

MrsWaititi · 19/01/2021 22:21

If they're a solicitor provided by the insurers "Uninsured loss policy" then it's likely to be Irwin Mitchell or Lyons Davidson, along those lines.

I used to work for 2 big insurers, one commercial, and for a £4K 2 year soft tissue claim it's absolutely not going to be one of the big boys, not a chance.

It most certainly will be a young paralegal with an impossible caseload, and it's definitely not going to be a priority file.

torquewench · 19/01/2021 22:22

Researchers tracking social media for a 4k claim for phsyio. Eh, Ive heard it all now 😂 Also, FYI, ExH has worked for a firm of panel solicitors doing RTC/PI for about 25 years now, with no legal qualifications whatsoever. Running claims to hearings (court/outdoor clerks go to hearings) and booking counsel. Or LPC. Billabale time of around 400k a year.

MrsWaititi · 19/01/2021 22:22

@Bluntness100

Sigh

Op. you can listen to the detailed advice I tried to give you, or you can listen to folks who post abuse only.

Your call.

Good luck,.

Or you could listen to me who spent 7 years working in personal injury claims, including potentially fraudulent whiplash incidents.

I don't mean that I disbelieve you op. It's just a bugger of a case with no physical supporting evidence.

MrsWaititi · 19/01/2021 22:23

@torquewench

You're absolutely correct.

Ovenhell · 19/01/2021 22:24

LIZS ... I don’t understand your comment either ... my dd2 was having physio before covid - it was stopped immediately when COVID hit and has still not restarted.

My dd1 had a bump in her car, also hit from behind - her physio was via video link due to COVID.

So clearly in some areas physio has been suspended. As has lots of medical treatment.

MrsWaititi · 19/01/2021 22:25

I was involved in several cases where private investigators were hired to look into the claimant (including SM), and these were large ongoing serious injury claims. Not a soft tissue under £10k. The PI fees wouldn't be worth it.

NoWordForFluffy · 19/01/2021 22:25

@gobbynorthernbird

Loool at the thought of insurance companies solicitors being like the above They are likely to be big law. Big law that only hire the best law students and train them up. The guys with high firsts from oxbridge and high ranked Russel groups. Chance are its gonna be somebody at Horwich Farrelly with a 2:2 from a redbrick and an LPC apprenticeship. And far too high a caseload. That's if it isn't a legal exec handling the file before passing a bundle to Counsel last minute.

I was about to say that. So many insurers' 'lawyers' haven't even got beyond a law degree. If they even have that!

There are some decent solicitors at those firms, but unfortunately there's also a huge number of substandard unqualified file handlers.

OP, if the other side is alleging fundamental dishonesty your solicitor needs to do a proper review of the evidence and assess the risk to you of being found FD. It would be negligent to just push on and put you in the position of being found to be FD without giving you proper written advice and a clear warning of what FD is and means.

If you're found to be FD, it's a CCJ against you personally. The ATE won't pay as you'll have breached its terms by being - found to be - dishonest.

gobbynorthernbird · 19/01/2021 22:26

@eurochick

Bluntness are you suggesting that your experience of having your daughter do a training contract somehow puts you in a better position to advise than the lawyers posting on this thread?

In fairness, I'm not a lawyer. I didn't study law at uni. Still have the title of legal executive. Still work for the panel sols of a large insurance company. Still have too many bastard files. Still know that Bluntness doesn't have a clue.

gobbynorthernbird · 19/01/2021 22:29

substandard unqualified file handlers this is pretty much my job description

NoWordForFluffy · 19/01/2021 22:30

I'm a lawyer. Bluntness is talking utter rubbish!

I've worked on both sides of the fence in law firms and was also seconded out to a massive insurer. I really do know how it all works!

NoWordForFluffy · 19/01/2021 22:31

@gobbynorthernbird

substandard unqualified file handlers this is pretty much my job description

😂😂😂

No offence meant, @gobbynorthernbird!

IdblowJonSnow · 19/01/2021 22:31

Sounds like they're pushing you and trying to scare you to see if you'll back down.

eurochick · 19/01/2021 22:33

Lawyer is not a protected term. You can call yourself one if you want @gobbynorthernbird!

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