compensation from car accident- advice needed

[SBParker99]

the accident happened in 2020 february, ongoing with solicitors since march 2020, i have my medical assessment today, to form the medical report and i was just wondering if anyone’s had experience and how long it will take from here to getting an offer (they’ve already admitted liability) this seems to be taking forever. i broke and permanently damaged my shoulder and broke 3 ribs. how long has anyone else waited and is there a quicker way round this

This is a helpful looking thread as a close friend of mine needs care after a major accident (caused by someone’s negligence) and it’s taken years of being spied on , lots of medical reports etc to finally settle . However they were really coerced into accepting too low an amount as they implied they’d otherwise get nothing when the injury has completely ruined everything for them and friend lives in daily pain, disabled and her DP lost his very good job to be at home. Dh is a lawyer and thinks the undue pressure they were put under should put a question mark over how fair it was and therefore be raised but they’ve been bullied so long I think it’s worn them down. Is this common? Does anyone have advice ?

Who coerced them? Your post isn't clear.

@Happyschool

This is a helpful looking thread as a close friend of mine needs care after a major accident (caused by someone’s negligence) and it’s taken years of being spied on , lots of medical reports etc to finally settle . However they were really coerced into accepting too low an amount as they implied they’d otherwise get nothing when the injury has completely ruined everything for them and friend lives in daily pain, disabled and her DP lost his very good job to be at home. Dh is a lawyer and thinks the undue pressure they were put under should put a question mark over how fair it was and therefore be raised but they’ve been bullied so long I think it’s worn them down. Is this common? Does anyone have advice ?

It really depends on the circumstances of the accident and nature of the injury. If there wasn’t a full admission of liability then any settlement may have taken into account the risk of losing at trial and being awarded nothing. There may have been a dispute over the extent of the injury caused by the negligence (eg if there was a pre-existing medical condition). That’s not to say that cases aren’t under settled, in my experience usually by lawyers who are out of their depth. If your friend is concerned then she should contact a reputable serious injury firm and explain why she thinks her claim was under settled (and it would obviously help if she could provide medical reports, etc). If they agree, they may be able to pursue a professional negligence claim against the previous solicitors.

Without more information, including who is said to have coerced your friend, and how, it's impossible to comment.

However reading between the lines, if insurers had investigated the claim (as they do, thoroughly, particularly on claims where significant damages are sought) and found inconsistences such as undeclared past or subsequent accidents (ie injuries claimed were not all related to this specific incident) or found evidence on social media or from surveillance that there was an element of exaggeration and/ or dishonesty), then it is likely a low offer would be made, on the basis that if the matter proceeded further, these issues would be raised and it might result in the claim being dismissed at court if the judge was not persuaded by the evidence. If dishonesty is found, the judge can also impose a costs penalty against the Claimant too. If there is a genuine risk of recovering less or even nothing at all at court, I'd expect solicitors to explain why there is that risk, and to strongly advise acceptance of the lower offer. No solicitor wants to under settle their clients claim but equally there is no point fighting a battle you can't win if the evidence is against you.

Exactly. Explaining litigation risk to clients is part of the job. It's not 'coercion', it's doing your job (and potentially protecting your client from personal liability for thousands of pounds of the other side's costs, or even a prison sentence if they're found to be dishonest).

Thank you so much . This is helpful to understand more as perhaps their solicitor must have advised them to accept not necessarily the other side pressuring. Im trying not to give details but friend had a major trauma that is indisputable physically; but I think earlier health history (which to me seemed unrelated as they were fit as a fiddle and so strong) complicated things and I’m not sure i understand the full picture as it’s been long and exhausting for them . My friend is indisputably honest and I worry how much pressure there has been on them especially when they are already incredibly vulnerable and in constant pain as a direct result of the trauma

To my mind, she sounds like she didn't really like the litigation risk advice given to her, so has decided to call it pressure, instead of what it actually was.

@NoWordForFluffy hi sorry to bother you again, my solicitor has requested the £1000 interim using medical records due to my report being delayed she gave me the impression that they might come back with a settlement offer instead. does this happen often? and are some insurances quite quick with replying to the interim request ?

They have a fixed payment period of 15 working days if it's in the portal, which it must be if it's the £1k interim. Then your solicitor has to wait for cleared funds before sending it on.

They may offer. They may not. It all depends on the insurer and the handler! No two claims are the same.

@VelvetSpoon @NoWordForFluffy hi i’ve been told that my 1000 interim payment has been accepted. i’m on a No win no fee, will my solicitor deduct from my interim or just my final settlement? as i’ve waited days for a reply from her and what’s the process of how long it takes for me to get it once they’ve received payment. sorry to keep bugging you my solicitor never bothers to get back in touch

I can't tell you what your firm will do. We deduct from the interim. They may not.

@NoWordForFluffy how much do you deduct?

We deduct 25%.

@NoWordForFluffy hi my solicitor has left on holiday. she left her secretary in charge of my interim and getting it issued and she has said it apparently takes 3-5 working days to arrive in their accounts (it was done by a bank transfer not cheque) and 3-5 days for them to transfer it to me, does this sound right as i thought transfers was normally quicker

BACS payments do take that long, yes.

@NoWordForFluffy in your experience do they come in at random points of the day or is it normally morning? just my solicitor is away and her secretary says she don’t know to most things and i’m quite desperate to receive this

Random times during the day. We are sent our incoming payments just before lunch, then at about 4-ish if more come in later on. We have to allocate them to the file before Finance can pay them out.

@NoWordForFluffy so does that mean once it’s in they won’t be able to pass it to me for a while or is allocating them normally quite fast?

I don't work for that firm (probably!), so I can't say.

@NoWordForFluffy thanks for your help. i really appreciate it. i doubt you work for the firm i’m dealing with as they seem to be extremely unhelpful with everything so far. with your form when you’ve received someone’s payment how long is it until you distribute it normally? and is a legal secretary trained in law?

Legal secretaries may or may not be trained, it depends. Most I've met aren't.

Our clients get their money around a week after we have cleared payment, generally (we only pay by cheque). The Solicitors' Accounts Rules say we can't hold onto client money for more than a fortnight.

Trust me, quality of staff is variable. We have some who'd be useless at responding!

@NoWordForFluffy hi sorry to bother you once again. i was wondering who you report solicitors to? mine will not tell me and they have lied to me and refuse to answer questions or tell me updates. also how long does it take to value a claim with a medical report as mine said it’s going to take her a long while and i thought it would only be a short task

Your initial letter should tell you the complaints process which you have to follow before you can report onwards. The response letter will tell you the next steps, if you aren't happy with the firm's response.

It sounds like a failure to communicate somewhere along the line.

@NoWordForFluffy thanks i’ll look into that, she just keeps telling me “i’m out of office” do you know how long it takes to value a claim? it’s not a complicated one either just a few broken bones, liability already admitted

It depends if the medical report was a final report or if more reports are needed. For a few broken bones it may take half an hour or so to locate suitable case law to assist with / support the valuation.