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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:

kirinm · 19/01/2021 22:37

I was a PI paralegal after I left uni and I worked on cases worth far in excess of £4K so don't worry about the third party insurer having BIG LAW in the case (whatever that is). It'll be a paralegal.

I don't do injury work anymore but isn't a £4K claim in the small claims track? Are costs recoverable in the small claims?

Has the defence actually alleged fraudulent behaviour? Or is there a suggestion of exaggeration because back when I did the work, it wasn't unusual to throw a paragraph about that in the defence.

FYI - you have 3 years to make a claim so ignore that other nonsense about making a claim late.

gobbynorthernbird · 19/01/2021 22:38

@eurochick I think they might expect me to do more work or something then, though. Not a risk I'm willing to take. I like the current regime of styling it out and having big coffee breaks.

wishywashywoowoo70 · 19/01/2021 22:39

@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.

Haaaa ha They used to be great HF

NoWordForFluffy · 19/01/2021 22:42

For now, you need PI of £1,000+ for it to be FT rather than SC. It's meant to change in April (to £5k for RTA and £2k for non-RTA), but the changes have already been pushed back.

OP, if you Google fundamental dishonesty you'll see the result of findings in court (most notably in holiday sickness claims, but all PI claims have such findings).

Oh, and to the PP who referred to 'beyond reasonable doubt', that's the criminal standard. It's on the balance of probabilities for civil law. So basically whoever is slightly more convincing swings it!

NoWordForFluffy · 19/01/2021 22:44

When were HF great?! I don't come across them as much as I used to, it has to be said.

NoWordForFluffy · 19/01/2021 22:45

@gobbynorthernbird, I'm wondering if our paths have ever crossed! 🤔🤔

torquewench · 19/01/2021 22:46

Me too ... Ive defo worked with one or two who could use that username😂😉

NoWordForFluffy · 19/01/2021 22:47

@torquewench

Me too ... Ive defo worked with one or two who could use that username😂😉

🤣🤣🤣

wishywashywoowoo70 · 19/01/2021 22:48

OP. Surely your solicitor is pursuing your injuries and not just the cost of your treatment?

If you are telling the truth and you're a decent witness it's unlikely the court will find against you as it's very difficult to prove someone is it isn't injured.

If however you've made an allegation of ongoing pain and the insurers don't believe you and they're concerned that it's a permanent injury they might well have had surveillance on you.

Has your solicitor submitted any offers of settlement to them? Do you know if your case is still within the MOJ process or have the insurers pulled it because they think your lying?

I second the PP asking what solicitor you're using. We can tell you if their shite or not

gobbynorthernbird · 19/01/2021 22:49

50% of the women in my office (Central Manchester) could use my username aptly! The other 50% are stealth ninja northernbirds.

kirinm · 19/01/2021 22:50

@wishywashywoowoo70

OP. Surely your solicitor is pursuing your injuries and not just the cost of your treatment?

If you are telling the truth and you're a decent witness it's unlikely the court will find against you as it's very difficult to prove someone is it isn't injured.

If however you've made an allegation of ongoing pain and the insurers don't believe you and they're concerned that it's a permanent injury they might well have had surveillance on you.

Has your solicitor submitted any offers of settlement to them? Do you know if your case is still within the MOJ process or have the insurers pulled it because they think your lying?

I second the PP asking what solicitor you're using. We can tell you if their shite or not

This is what I was confused about as she's said she's only claiming £4K which would mean small claims.

wishywashywoowoo70 · 19/01/2021 22:52

@NoWordForFluffy

When were HF great?! I don't come across them as much as I used to, it has to be said.

When I started doing PI claims 20 years ago 😂

gobbynorthernbird · 19/01/2021 22:52

Also, OP, who actually issued the court proceedings? I'm assuming it's your sols at stage 3, and is therefore out of the portal.

Doyoumind · 19/01/2021 22:59

Someone went into the back of me and admitted it. Damage to the car but not to me. Their insurance company wanted to take it to court and we went through all the paperwork etc but they backed down just before it actually went to court. I agree with PP that this is just a tactic and you shouldn't worry.

NoWordForFluffy · 19/01/2021 23:04

She mentions medical reports, so there must be PI in there.

Threatening FD can be a tactic. But it can also be a genuine threat. Have you seen their Defence, OP? Did the solicitor draft it or was it Counsel?

torquewench · 19/01/2021 23:08

Fluffy, it's past 11, and the meter's not running 😉😂

NoWordForFluffy · 19/01/2021 23:14

😂😂

I think we may have scared OP off! I'm rather concerned that she may have a shit solicitor, however.

gobbynorthernbird · 19/01/2021 23:23

I want to know who the defence sols and the TPI are.

NoWordForFluffy · 19/01/2021 23:31

I need to know all parties' names!

gobbynorthernbird · 19/01/2021 23:59

@NoWordForFluffy

I need to know all parties' names!

To know who's covering your billable hours on this thread?

sofiaaaaaa · 20/01/2021 01:16

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.

That’s interesting. Last year someone ran over my foot/ankle joint with their tyre whilst they were blindly reversing, I only was left with a sprain. Whilst the majority of pain subsided in the first 6 months, to this day I’m still left with occasional stiffness/dull pain like the OP.

I didn’t claim against the driver, probably a good thing if it would be presumed I’m lying as my x-rays were clear!

BadLad · 20/01/2021 01:44

The claim will probably be handled by a "fee earner", with a case load of several hundred. A solicitor will probably supervise a group of them, but rarely look at individual cases, unless they are very complex ones or very high-value claims. I did this work for a while, and the only time a solicitor looked at one of my cases was when I made a colossal fuck-up.

NoWordForFluffy · 20/01/2021 06:19

@gobbynorthernbird

If it's my firm handling her claim I need to bloody review it! 😂😂😂

wishywashywoowoo70 · 20/01/2021 07:55

@gobbynorthernbird

Also, OP, who actually issued the court proceedings? I'm assuming it's your sols at stage 3, and is therefore out of the portal.

I think the insurance co would have pulled it out of the MOJ if they're alleging FD. They wouldn't have made any offers when the S2 was received OR they did make an offer but the OPs solicitor put such a ridiculous value in its now at S3

We need to know what stage were at
OP. Have you got a copy of the proceedings?

NoWordForFluffy · 20/01/2021 08:20

If it was in the portal, they most likely withdrew their admission relation to causation at S2, given their concerns.

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