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compensation from car accident- advice needed

123 replies

SBParker99 · 30/05/2021 16:12

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

OP posts:
NoWordForFluffy · 02/07/2021 19:25

I think it's too low, with the caveat that I haven't seen your report.

Why is your solicitor so slow?

SBParker99 · 02/07/2021 19:29

@NoWordForFluffy i have no idea, constant delays, she said she needed to see me about my report and next steps asap then booked me for a week away, she’s sending my report back due to minor typographical issues.

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NoWordForFluffy · 02/07/2021 19:32

Most solicitors want to push their files through quickly (or as quickly as the file allows). Maybe her company have overloaded her with files, which isn't unknown.

SBParker99 · 02/07/2021 20:05

@NoWordForFluffy i’m from a very small town with a lot of firms around so i’m not sure why, she just seems to think “she’s young i’m not listening to her” and has many times been quite rude saying young people don’t deal with it as well due to being careless

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championthewonderhorse70 · 02/07/2021 20:58

@NoWordForFluffy

£8k for 36 month multi-site fractures / joint damage?! Plus injections on top?

Please don't listen to PP on value. You really need it valued properly.

Ask your solicitor if it's possible with the evidence she has to value the physical injuries on their own. If this is possible, then she should do that for you. You would still need to consent to potential under-settlement though.

As I said I was just throwing figures out there.
SBParker99 · 04/07/2021 10:47

@NoWordForFluffy am i in my rights to ask my solicitor to send it of as it is (with offer) without changing the typos?

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NoWordForFluffy · 04/07/2021 10:51

As long as the factual accuracy isn't affected by the typos, yes. If it is, it needs amending.

VelvetSpoon · 04/07/2021 11:20

I agree there's little point in correcting minor typos/ inaccuracies - things like saying you were driving a Fiat Panda when it was a Fiat Uno, I'd just point that out when disclosing the report to insurers. A more serious issue, like the expert hasn't recorded info you had disclosed, like details of a previous accident/ injury, treatment you'd already received or ongoing limitations...that is the kind of thing insurers will pick up on if it is contradicted elsewhere and that is something I'd want addressed.

I can't speak for all insurers but working with one of the biggest, they absolutely would make an offer based on that first medical report. It would be a generous offer (ie more than the value of the injuries based solely on that first report) to take account of the fact the medical prognosis isn't complete.

As to how much it would be...I can't say because I don't know what information insurers have. They may take into account the loss of your business; alternatively they may feel that cannot be directly connected to the accident. They may feel the content of your medical records shows you are not experiencing many ongoing effects (so their offer will be lower) or the opposite - which would result in a higher offer.

What stands out for me though is you really aren't happy with your current solicitor. From what you say about the lack of contact and delay I can completely understand this. Is it a large firm? If so I wonder whether you could ask for the case to be transferred - that's what we would do if there was a complaint; I know because I used to get a lot of the 'complainers' (most of whom were fine really and just frustrated at delay or lack of explanation from more junior staff). If it's only a small firm, I would consider instructing someone else. I know you are keen to get matters moved on but you might find that even with the inevitable delay involved in another firm taking the case over, on the long run it is quicker.

We do see a lot of simple cases with far more minor injuries than yours (straightforward whiplash for example) taking far too long to resolve, upwards of 4-5 years for some. Part of that seems to be lack of instructions from the client, but often it will also be delay on the part of the solicitors firm. Those unnecessary delays frustrate insurers because they prefer to settle claims sooner rather than later.

SBParker99 · 04/07/2021 11:36

@velvet spoon it’s not a massive firm but not small either i was debating switching but then as it’s no win no fee i would get two deductions? i have an appointment with her on thursday where i’ll be stating i just want the report sent to the insurer with an offer. She keeps telling me i need assessments for things that don’t even come up in the report and was so smug saying that just for another report i would be waiting months (for the psych one) every time i say why i would like to do she contradicts me and then starts being rude to me so i end up feeling really uncomfortable, i have a almost two year old and a lot going on in life and she don’t seem to understand that.

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SBParker99 · 04/07/2021 11:39

oh and i was a passenger in someone else’s van. they’ve accepted full liability. i can’t claim for my business my solicitor said because the accident was the same time people lost businesses with covid so it can’t be proven it was due to the crash apparently. so it’s just for the injuries and care of my daughter who was 6 months at the time and my partner had to do most of the work as well as help me with things

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NoWordForFluffy · 04/07/2021 14:55

@VelvetSpoon, I get the complainers too, as I'm a) the most experienced; b) the most efficient; and c) one of the few who takes proper care of my clients!

Whattodowithaminute · 04/07/2021 18:15

Just reading through thread and a couple of questions. You mention having been unconscious and ongoing headaches. Did you have a CT head at any point? I wonder whether this is also why they want you to see a psychologist? It may be there is an additional injury here with a higher cost associated which may also be relevant to your overall claim.

NoWordForFluffy · 04/07/2021 18:28

Ongoing headaches after loss of consciousness would usually lead to a neurologist referral, not psych. Psych is travel anxiety / adjustment disorder etc.

Whattodowithaminute · 04/07/2021 18:35

Neuropsychology or clinical psychology would be well placed here for opinion also in my experience.

NoWordForFluffy · 04/07/2021 18:41

Clin. Psych only deal with psychological issues, not post-head injury headaches.

You can only get experts you're referred onto; I rarely see a Neuropsychologist referral, the experts tend to refer separately. I think neuropsychologists are thin on the ground and also very expensive.

We've not seen the OP's medical evidence, it's not really right to speculate (and she's made it clear she just wants to settle).

NoWordForFluffy · 04/07/2021 18:41

And she's been referred to a Clin. Psych. She doesn't want to go.

SBParker99 · 07/07/2021 22:48

@VelvetSpoon @NoWordForFluffy we’ve made an offer, so you guys ever get it where they accept it rather than negotiate? or is that just impossible? or does it happen sometimes

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NoWordForFluffy · 07/07/2021 22:56

Sometimes happens, sometimes doesn't.

I describe it to my clients as being like a Venn diagram: they have a bracket, we have a bracket, and you hopefully have overlap between the brackets where the claim settles.

kirinm · 08/07/2021 10:31

Ex injury solicitor - ex from a long long time ago and well before the MOJ portal stuff came in so I am totally out of the loop.

Just a question out of interest. If someone is on a CFA, what sums are firms deducting from interim payments or any payments? Surely costs are dealt with at the end?

SBParker99 · 08/07/2021 11:16

@kirinmuj mine deducted 25% of the interim payment overall they are 25% of the total settlement

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championthewonderhorse70 · 09/07/2021 11:31

As fluffy says it's like a Venn
Insurers use valuation tools sometimes which isn't helpful. Your injuries won't fall into the scope of these tools though so you hopefully will get a decent offer back.
Insurers work differently though. Some will be glad to get rid of the claim others will insist on having all the medical evidence and will happily draw it out and will be stubborn about it. This can happen between handlers in the same office too
Do you know who the insurers are?

SBParker99 · 10/07/2021 21:23

@championthewonderhorse70 yeah it’s nfu mutual, so could they technically decline to settle? or do they have to put an offer in at least? i was told if this technique didn’t work (she sent a offer with 7 days to respond) we would go through the portal in which they would have to make an offer or am i wrong?

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championthewonderhorse70 · 10/07/2021 21:31

[quote SBParker99]@championthewonderhorse70 yeah it’s nfu mutual, so could they technically decline to settle? or do they have to put an offer in at least? i was told if this technique didn’t work (she sent a offer with 7 days to respond) we would go through the portal in which they would have to make an offer or am i wrong?[/quote]
She may have made a Calderbank offer.
They are unlikely to refuse to make an offer back. It depends how much she asked for.
They may bite her hand off. Though they'll know know you want to settle so might go in low

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