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Original poster

Car Crash and Court

37 replies

user123465789 · 17/06/2019 14:48

Just looking for some advice please.

Over 3 years ago I was in a car accident where I have suffered nerve damage. Various medical report etc have taken place over the years but the final stay expired and now we are in court in a weeks time.

Liability has never been disputed. A part 36 offer has been Put forward but was have heard nothing from the other side. My solicitor last heard from them a week ago to say they are still waiting for settlement details from the insurance company and hope to have it ready for the end of the week. That was last week and still nothing.

I am just wondering what I can expect on the day? I am shocked it is going to court when we have done everything the other side have asked, there has never been any issues and the solicitors know they have to forward the settlement offer.

The idea of court scares me but my solicitor has said this is because time has ran out. the case is very strong. But going to court does scare me as its court.

Thanks for your help

OP posts:
Original poster
user123465789 · 17/06/2019 17:17

Anyone? I was hoping someone would be able to give me an idea of what to expect on the day. In my head I am imagining it to be like on Tv and be cross examined. I suffer with anxiety so that's not helping. My solicitor has said it's not the case but I can't get it out my head that I will be interrogated.

Any advice on court will be appreciated.

Thank you

OP posts:
LaurieFairyCake · 17/06/2019 17:23

They will very likely settle before you even walk in. They just delay hoping you fuck off.

Original poster
user123465789 · 17/06/2019 17:31

Thank you for your reply @LaurieFairyCake

Even my solicitor is baffled that it has got this far. We are this far on because of waiting on the other side to let us know what they needed us to do. There's been long wait is for appointments and replies etc.

I was surprised at the phone call between my Solicitor and the other sides legal team as he stated he was hopeful he would get an offer through by the end of last week. So everything they are saying would indicate the direction its going but why take it to court which will surely increase legal costs for them?

OP posts:
Inbedbynine · 17/06/2019 17:35

laurie is correct.

I went to court after an accident but that was due to children having injuries. There was literally me, the dc, the judge and a court person. It was a very small room, it was like sitting in a big office really! Was searched before we entered the building but nothing to be scared of. Iv also been to a family court which was worse.

Original poster
user123465789 · 17/06/2019 17:38

Thank you @Inbedbynine

Honestly in my head I am telling myself it will be like you see on TV where you have to stand before everyone and be questioned. So to hear its likely to be much smaller is nice to hear. Thank you

OP posts:
Inbedbynine · 17/06/2019 17:40

I don’t live in London so I have no idea what their courts are like but the two Iv been to (both big towns) neither were like the ones you see on tv.

Original poster
user123465789 · 17/06/2019 17:44

May I ask did it take a long time? I've been asked to allow the full day? Seems incredibly long when all that is needed is a settlement to be agreed.

I am not in London, though the trial is taking place in a big town court

OP posts:
Inbedbynine · 17/06/2019 17:50

Mine didn’t no, we were only in there probably 15 minutes although I was told allow half a day. I think they say that to cover their backs. Liability had already been agreed by the other party though. It’s when people disagree that makes it go on.

I doubt yours will go to actual court, as said upthread, it costs a fortune!

Original poster
user123465789 · 17/06/2019 17:53

I really do appreciate the replies. I don't feel so anxious now about it.

Ive had to cover the trial fee. Is this recoverable once all settled?

OP posts:
LaurieFairyCake · 17/06/2019 17:56

On the day when they make you an offer you can ask your solicitor to add it on - plus any expenses you've incurred taking the day off etc (worth an ask whether you get the expenses or not)

Original poster
user123465789 · 17/06/2019 18:31

Thank you. I never thought about anything like that. I've had to take the day AL. I only get 3.5 weeks bookable a year and with a child in school all my holiday is take up by school holidays! So that's annoying as I really don't think it should be going to court. My dad's also having to book holiday incase I can't get home in time for school finish. I will have to discuss this with my solicitor next week

OP posts:
Original poster
user123465789 · 17/06/2019 19:38

Sorry to ask you more questions @Inbedbynine. When you had to attend court had settlements been offered already or were they decided at the court?
I imagine if a judge has to go through all the medical reports (there's alot) and history of the case to come to a settlement that could take a while?

OP posts:
Inbedbynine · 17/06/2019 20:46

I’m not sure as was quite a while ago. I think it was agreed as the judge really just wanted to make sure my children were well and recovered? I don’t think he spent that much time looking through the paperwork as we went over the details in the room.

Original poster
user123465789 · 17/06/2019 21:24

Ok. Thank you.

I guess I just have to wait to see what happens now. Its next week so I haven't got long. Hopefully things will change by then and I won't have to attend.

I will have to discuss with my solicitor what happens when nothing is offered and how the judge makes their decision on a figure with nothing previously agreed

OP posts:
dontdoxmeeither · 17/06/2019 22:43

Have you been assigned a barrister at least? Or signed a schedule of loss on your side etc? This all sounds disorganised and last minute!

SpideyMom · 17/06/2019 22:56

This reply has been deleted

Message withdrawn at poster's request.

dontdoxmeeither · 18/06/2019 08:35

Oh that's good. The other side should have also served a counter schedule of loss, is that something you've seen? That will give you some idea of where they're at.

i.e. Your side- Claimant has received abc injuries so we wish to claim x amount for pain/suffering/loss of amenity. She has also lost x amount in wages/expenses whilst recovering etc so we wish to claim x amount for that.

Their side- Yup, we admit liability (and then it could be something like this.

A. But our expert doesn't think the nerve damage is as severe as your lot say so we are only prepared to offer x amount. Also we agree there have been some losses due to missed work but think she could have returned sooner so are only prepared to offer x amount.

That's the only reason I can think why you haven't had an offer yet

Original poster
user123465789 · 18/06/2019 09:50

no counter schedule has been served yet. They asked additional questions to the 3 medical experts. As there was a delay with one of the replies, an extension was applied at their request to give them time to serve their counter schedule. This was back at the beginning of May and nothing has been received.
The call between the legal reps last week basically sounded like the other side are still waiting on details from the insurance company.

So could it be a backlog?

OP posts:
Original poster
user123465789 · 18/06/2019 18:52

I've been thinking. As my solicitor keeps reminding me that her fee is due, which of course I know it is but I probably went into things abit naive as now it's seems it will actually end up being alot more?

Do I pay her the agreed percentage of the gross settlement figure (when accepted) or the agreed percentage net of the special damages and medical costs? I didn't think a deduction from treatment costs would be included in her fee if I am honest?
I am sure though she has said she is also due a percentage of all special damages and medical costs? Is that normal. Seems unfair? According I also have the ATE insurance etc. So my question is it never really is only 25 percent is it?

OP posts:
EdithDickie · 18/06/2019 20:57

Solicitor should tell you exactly what you'll end up with in your hand if you accept any particular offer.

The 25% is deductible from general damages for pain, suffering and loss of amenity and past special damages (financial losses). It can't be deducted from future losses.

Depending on the value of the claim, position re future losses and the amount of work done it is possible for overall deduction to be less than 25%.

In relation to court it sounds as though PP attended an Infant Approval Hearing where settlement of a child's claim is approved by the judge.

Yours would be different as the judge would want to hear from you about the impact on your life, your symptoms etc as well as submissions from each side about the medical evidence and losses.

It'd formal but not like on TV. It's extremely unlikely anyone will be wigged and gowned for example.

Best advice is stay calm, be polite, don't rise to any needling from defendant counsel who'll hope to persuade the judge that you're not really all that injured etc, answer the question you've been asked not what you wish you'd been asked, if you're new clear on what you're being asked then ask them to repeat/rephrase question.

Court has probably listed a full day, that means (usually 10-4) but in reality you'll probably not take all that time. Get there a bit early of course so you're not stressed and rushing and also so you can run through any last minute queries with your barrister.

As liability admitted is very unlikely you'll get there anyway. In the last 3 years of practice I've had 2 trials only, both where liability contested. The very vast majority settle before even if it often gets pretty close! The insurer knows that they have to pay out something, so they'll be keen to avoid the cost of that hearing on top of everything.

Original poster
user123465789 · 18/06/2019 21:13

Thank you so much @EdithDickie

I really can't believe we are just a week away and still nothing. Due to there being such little time am I expected to accept any offer they make given that there is virtually no time for negotiations or do they tend to come in low at first? I guess that side is worrying me. That if I'm not happy there is virtually no time to negotiate

OP posts:
Original poster
user123465789 · 18/06/2019 21:51

Sorry I'm thinking all sorts now about how everything works.

I assume from what I have been told, the other sides legal rep has to wait for the go ahead from the insurance company? If they do put an offer forward, do they offer a set amount, however give their handler instructions on what they will allow them to settle for before going back to them, eg. They offer say 10,000 but allow the handler to negotiate up to a few thousand more? Or is there no room for movement without long waits involved

OP posts:
LaurieFairyCake · 18/06/2019 21:56

There's as much time as you want to negotiate. You just say no until they offer something you and your solicitor have decided you want.

They could literally just offer as you walk in - and you could accept.

EdithDickie · 18/06/2019 21:57

Don't feel you have to accept a crappy offer just because time is short. Your solicitor will tell you about the risk it poses so you can make an informed choice as to when to accept or proceed. I usually go with best case scenario (judge accepts everything we say) vs worse case scenario (judge accepts everything they say) so you can see roughly where any offer falls on that spectrum.

Give your solicitor a call tomorrow and have a chat to reassure you.

I hope you're all sorted soon.

EdithDickie · 18/06/2019 21:59

the other sides legal rep has to wait for the go ahead from the insurance company

Yes because they're the ones writing the cheque. Generally they'd have instructions to negotiate up to a certain amount but want to get away with as little as possible so they'll start at the bottom of their "bracket".