Car accident compensation - litigation?? Please help. Confused.

[yongnian]

Keeping this brief as iPad keeps dumping my post! Our insurance co have turned down the offer of compo from third party and want to go to litigation. We might be happy with their offer as don't know how long litigation will take. We keep asking our insurers who don't seem to be answering our questions.
The offer is a couple of grand less than what we negotiated. We're thinking bird in the hand worth two in the bush etc and especially if litigation would take ages, feel like accepting.
How long is litigation likely to take?
Would we stand to lose even the smaller ofer if we lost?
Help, really confused as to what to do.

If the insurance company has already paid out for fixing your car and any personal injuries the legal action is about them trying to recover the money from the other party. In that situation whether or not to accept the offer is not your choice. You are required by your insurance policy to co-operate with the legal action.

If they are trying to recover an uninsured loss on your behalf that is another matter.

Thank you. The car was written off (sorry to drip feed, was afraid of losing yet another post) and we have been paid for that. The compensation is for personal injury/loss of use/uninsured losses.
So that presumably means we could still choose to accept their offer and not proceed with litigation....??

As soon as I wnt down the compensation route it was in the hands of solicitors appointed by my insurance company through motor legal protection. We went through the fast track route, however still ended up at court 4 years after the accident.

Did settle as we were being called into court. It was well worth holding out as I got 5 times the amount of the other parties final offer.

My solicitor sent me copies of the offer letters, so I had it in writing what the other party was offering. I also listened to my solicitors advice about the offers, but it was ultimately my choice whether or not to accept.

I'm assuming that you mean your solicitor, not your insurance company, if it's uninsured losses that are being negotiated?

With any offers made by the other side to you via your solicitor, your solicitor is obliged to take your instructions on the offer made. It's then your choice on whether to accept it or not. Your solicitor can only proceed to ligitation on your instructions - it's not the other way around.

I think you need to find out exactly what's going on because it sounds to me like you have given your instructions on the offer made, but your solicitor isn't actually following your instructions.

Like Polly, you need to get copies of the letters containing the offers made, and send your written instructions on what your response to the offers are. There should be a timescale on how long after you accept an offer, as to when you can expect your cheque, so follow your letter up, and make sure they have actually confirmed your acceptance if that's what you want to do.

Totally agree with the above. You should also have some explanation from your solicitors as to why you should not accept the offer.

Have you googled any of the websites which give you information and value ranges applicable for the sort of injury you have had?

My solicitors were very clear about the offers and why in their opinion they should be rejected. Ditto with my barrister about why it would be sensible to accept. Both also put forward evidence to support their stance.

You have not said antyhing about the injuries and losses you have incurred but any solicitor will know if what has been offered is reasonable given the circumstances.

My medical treatment went on for years and was still ongoing when we went to court which made the situation more difficult as it want known as to how full my recovery would be or what my future needs would be in terms of care or medical needs and that is one reason it was sensible to hold out. Your situation may have been totally differnt. I had to pay my employer out of my compensation for sick leave I had taken as a direct result of the accident and mt compensation took that into account and the not insignificant amount was taken directly from the compensation before I recievec it. It may be something you need to take into account.

Thanks both. We've now had a breakdown of their offer and they are offering standard amounts for the major things, just quibbling over some of the smaller things. Solicitor feels our original claim was reasonable and wants to press for more. DH has accepted having seen the offer as really just don't want a long wait for court.
Will take your advice about following up to make sure acceptance confirmed and timescale on cheque.