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Balinda

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  1. If the uninsured third party hit your vehicle, as you state, you were not at fault and your insurance company is not bound to pay compensation to your passangers unless you admit liability for the accident. Your passangers are entitled to submit a claim to the MIB as victims of an accident that was caused by an uninsured driver just as you would have done had you been injured in the accident. The advise you were given by your insurers to the effect that your passangers would claim against you in these circumstances was plainly misleading.
  2. It all depends on the evidence on your file and key to this is your medical report. Your doctor seems to be of the view that your pre-existing neck problems were exacerbated by the more recent accident and is also clear about the prognosis. It would be difficult for you to challenge this opinion without further medical evidence. Besides, the bus company has already seen your medical report and the offer has been pitched at £2500 based on this evidence. Did your solicitor obtain all your medical records from your GP and or hospital? It's worthwhile getting your medical records to assess the extent of your pre-existing condition. If you accept the bus company's offer, the settlement will be final. You need to issue court proceedings before the three years run out.
  3. It appears we are all in agreement the Law Society CFA covers all you need to know about "No win No Fee" agreements. As far as I am aware, the Law Soc. CFA model is self-contained and there is little need to amend it unless of course you have examples of cases were it has been fundamentally altered or a solicitor has failed to provide all the accompanying information.
  4. The Law Society Conditional Fee Agreement model covers all that you need to know about what happens when you receive interim payment and the payment of disbursements. Ford is entirely right, you remain responsible for paying your solicitor's success fee.
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