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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:
NoWordForFluffy · 20/01/2021 08:23

Which means the claim exits the portal and P7s are issued. S3 only applies if it remains in the portal.

Teardrop2021 · 20/01/2021 08:35

My sil suffered several nerve damage to her legs following someone going into the back of her she had to effectively learn to walk again. She was in hospital for months then went to a rehabilitation centre for physio. She was due to go to camp America but couldn't go, she had gave up her job to go out there but couldn't return to her job either. She ended up in court and the insurancers had someone recorded her and take photos of her in her wheelchair, using crutches it took 18months for the claim to be processed and when she finally walked she was still very wobbly and had to use crutches yet they still tried to prove she was lying. Sil was awarded the money she deserved. Alot of her case had reports to back up the fact she was in hospital so long had physio therapy etc and went to a private facility to help her to walk again.

Anotherdates · 20/01/2021 08:53

OP are you on a CFA with your solicitor?

kirinm · 20/01/2021 11:43

If the OP wasn't nervous before, she will be now a load of PI lawyers have been talking in PI code. I am 10 years PQE and did do PI as a paralegal and still have no idea what most of you are talking about!

If you do read this OP, your best bet is to speak to your solicitor or their supervisor and ask to have everything explained to you clearly.

NoWordForFluffy · 20/01/2021 11:53

If her solicitor has done their job properly she should have been told what's going on and where she is up to.

But yes, she needs to speak to her file handler for advice.

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