Being accused of misleading a solicitors in a personal injury claim and being asked for substantial payment after 2 years of no correspondence from them.
Accident 30th January 2019
Hit and run, luckily I got the registration and reported it to the Police and Insurance Company (One Call)
One Call took details from myself and Police regarding damage to the car, they collected it and fixed with no problem, no excess to me as originally I was told the other driver was uninsured, then it came to light that her insurance company had updated registration incorrectly.. they honoured her insurance.
A couple of days later I had a phone call asking me many questions about my injuries, stresses and checking that I was adhering to my insurance ie belt on etc.
Once I had finished these questions, the rep said that I was eligible for a personal injury claim, I hesitated, to be honest I was a bit overwhelmed, had terrible migraines brought on by stress and couldn't be bothered with the calls and paperwork that needed to be done... I gave in and said let's go ahead after all with the pain I had I may well need treatment which could be costly.
I filled in the relevant forms and paid an upfront fee of £150 incase it went to court.
I was referred to OCL Solicitors who deal with the claims on behalf of One Call, they asked the question again, ones I had answered numerous time.
They organised for me to have an assessment with a physiotherapist in Salisbury, quite a distance from where I live in Andover, I was expected to drive there and back 12 times, costing me just under £500 for petrol and parking. The physiotherapist asked for this amount of sessions due to my neck, back and head injuries.
They then request that I attend a Doctor's assessment, I was faced with a rude and bolshy man, looked at me as though I was putting him out for being there, he asked me questions but wasn't really listening, he was tapping away on his laptop whilst I was speaking, he contradicted me when I told him about my injuries and medication etc.
Quite sometime later the Doctor filed his report and the company said that he had found my injuries were not conducive with the accident.... I was walking dogs without injury the day before my accident on the school run.
I requested a second opinion.... every communication via email took weeks, I had to chase constantly and then without any emails or letters the file handler said I would not get a second opinion. She asked if I had filled in a form on my arrival and I advised with my husband's agreement that I had not.... I never heard from them again and that was 2 years ago.
Yesterday afternoon I received an email stating that I need to pay for the doctor, Physio and Legal costs as I had breached contract by misleading them...
I did not mislead them, I had genuine injuries which the physio worked on quite intensely, surely they have breached the contract themselves by not keeping correspondence with me as stated in their terms and conditions. They are after over £2500, they have suggested a monthly payment of 24 instalments.
I have not done anything wrong, if I pay it that is admitting I have lied/misled them.
Can you assist me please???