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SuperVillain

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SuperVillain last won the day on May 30 2017

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  1. Ok this is making less sense now. Is this an argument about breach of a court order or is there new facts about your actual case that you want the court to see? If its the breach of court order - what was the order, how are you being alleged to have breached it, what are the other side asking the court to do, and what’s your opinion on whether you have breached the order? I can can understand why you may be reluctant to post in detail on here (in case someone from the other side is reading) however it is hard to advise without understanding what is actually going on.
  2. Hold on you haven’t answered my questions. It makes a difference to how you should proceed. Also if you have filed and served the statements on the claimant, when is/was the deadline for serving them? Edit - when I asked what you were changing, I was getting at this - are you adding new facts or changing the facts that are there, and if so what are you adding/changing?
  3. OP if you fully cooperate with your solicitors then you have nothing to worry about. You'll likely have to send in bank statements from around the time of the accident, so be ready for that. If this gets as far as a witness statement make sure yours is truthful, even if they don’t like what you’re saying.
  4. Is it your witness statement (or someone else’s) and has it been filed and served already? What needs amending, is it something minor or something crucial? Ordinarily I would file a second witness statement explaining what the issue is, how you discovered it and including the new information.
  5. If they’ve admitted liability, then fine. Nothing unusual, their car drove into the back of yours. Re injury compensation the decision is yours. If you use one of Markerstudy’s solicitors they may get a little kickback for the referral. If you already have a solicitor instructed it seems a bit of a hassle to cancel and go to markerstudy.
  6. Instruct a solicitor. It is highly unusual to be handling a claim like this without any legal assistance. The defendant’s struggle is that there is no medico-legal evidence from your side. That is why they want to instruct their own expert. Normally the claimant would do this. If the result of the medical evidence is that the claim is valued below £25k it would normally mean the defendant wouldn’t instruct their own expert, unless there was something considerably wrong with the claimant report. If you agree to their request, fully expect them to instruct a defendant friendly expert. If you want a claimant leaning expert then instruct a solicitor. They’ll instruct an expert via an agency who will defer payment till settlement. If you instruct an expert yourself fully expect to pay the cost of the examination and report upfront/on normal 30 day payment terms. A decent expert will cost £1-3k, which you won’t get back from the defendant until the case is settled. Even if you instruct a medical expert without legal assistance, will you know if your expert has covered everything relevant? Will you know how to value the claim based on the report? Say you agree to the defendant’s expert and they send you a copy of the report with another offer. Will you know if the expert has covered everything relevant? Will you know if the expert is downplaying certain features of the injury to allow his client a lower settlement? Will you know if the offer is reasonable based on the report? As I said, my opinion (as a defendant personal injury lawyer) is that this isn’t something you should be handling without legal assistance, and I strongly recommend that you instruct a solicitor.
  7. OP I mentioned above the JC Guidelines. Below is an except from section M(a)(iii) for severe knee injuries in the 10th edition: (iii) Less severe injuries than those in (a)(ii) above and/or injuries which result in less severe disability. There may be continuing symptoms by way of pain and discomfort and limitation of movement or instability or deformity with the risk that degenerative changes may occur in the long term as a result of damage to the kneecap, ligamentous or meniscal injury or muscular wasting. Damages range from £17,500 to £28,250. The bracket below, M(b)(i) says as follows: (i) Injuries involving dislocation, torn cartilage or meniscus or which accelerate symptoms from a pre-existing condition but which additionally result in minor instability, wasting, weakness or other mild future disability. Damages from £9,750 to £17,500. We’re now on the 14th edition of the guidelines so the damages will have increased. Remember when looking at the claim as a whole, you will need to add on any other injuries sustained eg bruising/soft tissue. Also you need to add on special damages. Any care he required that you or other relatives provided (both at hospital and after discharge). Future care that may be required. Travel costs to and from hospital for after care appointments. Travel for the physiotherapist appointments. Equipment now required as a result of the accident (eg walking stick or other mobility aids). All of that to think about when considering whether the offer is appropriate.
  8. I’ve been away from these boards for a bit. Just caught up on this. This claim looks to be straying over the £25k mark meaning multi track litigation. In the multi track there are differences (eg defendant solicitors can usually get their own medical experts to examine). The costs to the defendant (or their insurers) will be in the tens of thousands if that happens. And that’s just their own legal costs. They will have already spent a few thousand on this. It’s a concern that you’ve disclosed medical records to the other side, without any medico legal examination taking place. Have those records been checked to make sure there’s nothing in them that will work against your relative (something that a medical expert could have commented on before the other side saw the records). To asses general damages you’ll need to look at the JC guidelines as well as case law. That Tesco case seems too old, there has to be more recent cases. But your problem at the moment is that you don’t seem to have a prognosis for how long a recovery will take place (if at all). So it’s impossible to say if that offer is reasonable. Chances are it’s probably not, and it’s an attempt to buy the claim off cheap.
  9. What does your policy document say about the excess?
  10. They can apply for that court order as they have said - with that order when they next attend your property they can serve by posting through your letterbox and it would be deemed good service (ordinarily a bankruptcy petition has to be handed to you. Unfortunately the definition of bankruptcy is an inability to pay your debts as they fall due. How much of the debt is still left to pay? The bankruptcy petition won’t guarantee them immediate payment. Do you have other debts?
  11. It’s no secret though. Yet official figures showed that the number of whiplash claims made has been falling year on year https://www.lawgazette.co.uk/news/compensation-culture-stats-reveal-claims-numbers-in-freefall/5065804.article
  12. King I once defended a PI claim from a wing mirror being knocked off lol. For the OP - The guy’s whiplash claim will be what £2k. Defending the claim on causation grounds in the fast track is expensive. By the time it hits trial If you lose you’ll be on the hook for about £5k in Damages and Costs. You’d be looking at around £5k to defend the claim to trial, so that’s around £10k in the hole if you lose. And even if you win you won’t gst that £5k back from the Claimant. Unless the Judge finds the claimant fundamentally dishonest but that’s a ridiculously high hurdle to overcome. Makes more economic sense to give him the £2k. Our insurance premiums would be considerably higher if insurers fought every low value PI claim.
  13. By the way at over £10k your litigation is fast track not small claims so more involved and there will be adverse cost consequences (I.e paying the other sides costs) if you lose or you fail to beat at trial a Part 36 settlement offer the other side make. So bottom line. Help your solicitors any way they ask.
  14. Wow 121 days, Albany have excelled themselves. You have very little choice here. As I’ve repeated several times above, if you don’t submit your bank statements you will not have the evidence to back up the hire claim in court. If you don’t cooperate with the solicitors you could be in breach of contract. Did you read the hire agreement before you signed it? It’s not a claim. Credit hire is more expensive than direct hire, as I’ve said above.
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