George asks…
I had an car accident May 09. On May 10, I received a letter from a lawyer about this accident?
I was parked and had signalled to pull out. The road was a side road off a main road with enough room for over 4 cars wide. A lady came up hill really fast and smacked into front of the bumper /driver side. She was on the wrong side of the road as I had only edged out. i was stationary at time of accident. The car I was driving was a courtesy car as someone had kindly reversed into my own car the day before. I was not in the car when this happened so not at fault! car was parked. But the other driver kindly contacted me.
I exchanged details with the lady driver who bumped into courtesy car. No liability was accepted. She had her daughter and grandchild in the car at time of accident. Im sure the drivers switched over? The police were not called. When I got home I contacted my doctor and was seen immediately as neck injury. I contacted police who took details and came out to see courtesy car. The courtesy car had little damage but the 3rd party car was scraped from door to door as to the speed of accident. For about 7 months I have been giving details to my lawyer and personal injury update but the lawyer has informed me the 3rd party cannot find any details of my car being in an accident. I have contacted rental company on this and the car information was not recorded. She has also come back to me saying that the 3rd partys lawyers would now like to see my medical details. Also that they may decide to call it a 50/50 accident. I am quiet distressed about this as no evidence so the lady decides to pursue and now saying Im at fault, then call it 50/50? To add insult that they want to see my medical records. I have had no drawings of the others drivers accusation of the accident or any other information. Although I provided all this information fro them. Can anyone help me sort this out or give me good advice as it seems unfair that after a year they are calling it 50/50 and my lawyer is accepting this plus that they can no longer represent me if this is the case?? Just to add the only reason I did not make a claim prior to the accident was I did not know that I could because no action had been taken on the accident actually happening.
I live in Scotland. Can I use another Lawyer ? and can anyone give me information to help. Thanks
admin answers:
Hi,
If the accident was in England, you have to use a English or Welsh law firm, you can change to another firm if you want to, just find a firm, give them your old alw firms details and they will contact them to take over the case.
When there are no witnesses and is one persons word against another, most law firms and insurers will try for the 50/50 approach, as it saves Court time and the likely outcome is 50/50 from a Judge as well if there are not independent witnesses.
I had a similar incident and it went 50/50 too
I found this website really helpful and has a forum as well with lawyers answering
http://www.howtohandleacaraccident.co.uk/
If the impact was minor, the insurers can ask the Doctor who examined you to review your GP notes or ask for them to look, this is usually to see that you went to your GP after the accident or that you had no pre-existing symptoms.
John asks…
How much compensation could I expect after a car accident?
I was in a car accident back in June. Another driver ran into the back of me on the motorway and pushed me into the car in front. My car was a total write off and I lost a number of belongings.
I was taken to hospital by ambulance in a neck brace and on a spinal board to have neck and back x-rays. I was unable to return to university for 2 months and am still suffering some pain and discomfort.
My insurers are putting in two claims for me; one for financial losses and the other for personal compensation.
Now, I am happy with the claim to cover my financial losses (contents of the car that were damaged, osteopathic treatment etc) and my insurers have said that they will apply for between £1,900 and £2,300 personal injury compensation. Does this sound reasonable? Has anyone else made a similar claim?
admin answers:
You must consider any future possible problems of your
health in addition to the immediate losses of property, and
medical. Without knowing the full nature, and extent of
your type of injuries it is not something where anyone
can really answer as to if your offers are good enough.
I would say that if you have considered all possibilities,
and are satisfied with the offers, you are in good shape.
If you are unsure, or have not looked into any future
possibilities, you should hold off on any settlement
until you have researched further. Also, don’t count
on use of the Internet as any real source of research.
Instead, look into accident case history for other
similar injury cases for comparison to yours. Have
a third party such as an attorney of your own give
you ideas, or advice.
Sandy asks…
Who pays personal injury compensation?
I recently had a road traffic accident, which I freely admit was my fault. It was a damage only incident, and we exchanged details amicably, shook hands, and it was understood he would claim for the damage to his car from my insurance (Not a problem as I am fully comprehensive with protected no claims)
There were no injuries suffered to either party, but if he decides to claim later for any subsequent complaint (eg, whiplash, etc) will my car insurance (with legal protection cover) take care of it, or will I have to pay him myself. I do not earn much and after paying my bills, I am not sure my finances could support such a claim.
It has since transpired that he had let his MOT lapse by over 5 months. Not sure if this would effect anything.
admin answers:
The lack of mot is another issue, he’ll get a fine from the police if they were involved. Your insurance covers his personal injury claim if he makes one and the fact you have legal cover means you will have no out of pocket expense other than your excess as you were insured fully comp.
Hope this helps
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