In August 2004, my parents where involved in a car accident where a driver overtook on a single carriageway and hit them head on.

Both my parents were taken to hospital with my father having a broken hip and arm/elbow and my mother head injuries.

The other party immediately admitted liability and it was left with the other parties insurance company (OPIC) and my parents solicitor to resolve the PI claim.

It has now been 3 and a half years, with constant medical assessment of both my parents as my father is unable to walk properly and has limited use of his arm. My mothers brain injury has left her with severe phycological issues.

It has now reached a point where the OPIC have refused to sit sown and reach a settlement and my parents are now taking them to court for not paying out.

I understand that resolving PI claims can be a nightmare but can anyone give me an idea of why a claim, where liability was admitted straight away, has now taken 3 1/2 years without resolution and it has now come to a point where my parents are having to take legal action against the OPIC? Is it just a stalling tactic by the OPIC to try and reduce/delay payout? Is this typical for a case in these circumstances?

Any answers/advice much appreciated as this is not only affecting my parents but the whole family.

Hi Bartlett,

Sorry to hear about the horrific accident your parents were involved in, could you answer a few questions to help us help you;

Did the Police get involved?

Did the take any action agaisnt the other driver?

Were there any independent witnesses?

Are your parents represented by a solicitor?

Reading from your post it could be that your parents ongoing medical problems is the reason that things have not yet beenfinalised. Usually the insurance companies want a final medical report on your parents so that they can settle the claim in full. Your parents have the option of asking for an interim payment until the matter is finalised.

best regards

Hi Letshelp - thanks for your quick response.

In answer to your questions:

- The police did get involved but decided not to prosecute for reasons unknown.

- There were independent witnesses

- Yes, my parents are repensented by a solicitor

Talking to my parents, they have undergone continuous medical exams and psychological tests since the accident and have had final reports from the medical profession on my parents side but, the OPIC are continuing to request further examinations from their specialists.

They have recieved small interim payments on a 2-3 month basis (i.e enough to pay bills/mortgage etc) but this has stopped since December 2007 which is one of the reasons why they are taking legal action.

I am concerned, as are my parents, that there appears to be no end in sight and the OPIC can just continually stall. What I don't understand is potentially, both their conditions could continually deteriorate so, there must be a timeline where someone says that payout will be made on their assessed current and estimated future condition. But when and who makes that decision, I don't know.

I'm also concerned for my mother who, due to her condition, is struggling to cope with all the tests and the situation they are in, which has been none of their making.

I understand your frustration, but it is definately in your parents interest to have a proper settlement based upon the pain and suffering at the time, during the course of this period and how it will effect their future lives. If all the medical examinations have come to an end I would think that is why your parents solicitor have issued proceedings against the opic, to bring the matter to a conclusion. Unfortunately insurance companies try to get away with paying as least amunt of compensation possible. I would expect that they will probably try and settle with your parents before the matter comes to court, but if they dont and the Judge thinks they have been unduly delaying maters he may well punish them with an increased payout, sadly its in the hands of thre solicitors and the wheels of justice turn very slowly.