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Hi all Three weeks ago I was hit from behind whilst stationery at traffic lights. The driver was doing about 60 in a 40 zone, had been driving in the oncoming lane and upon their return to the proper lane, hadn't given themselves time to brake sufficiently and went straight into my bumper. I did attend hospital on the day, with a blood pressure of 180/107 and some pains forming in my neck, back and hips. Fast forward a couple of weeks and those pains have gone, so have the headaches and the 'confusion'. I am due to see a physiotherapist this coming Monday, but with the 3rd party insurer admitting full liability and to pay all costs without question, they have pre-empted the PI claim and offered £1,700. I've told two people about this and they tell me that's quite a low sum. I imagine it is, but what I would like to know is, what sort of sum should be acceptable? The principle of the matter is that the driver who hit me was driving like an absolute lunatic, and I had to deal with a significant amount of paperwork, phone calls and messing about with hire cars that I obviously wouldnl't have had to do if I hadn't been hit in the first place. Thanks in advance
Hi there - am new to this forum just want some advice whether to pursue my story further or just give up! Very brief history: 12 June - Comet delivered integrated fridge/freezer ordered online - could not install fully as cabinet doors of different fixing mechanism to the previous appliance and now needed hinges. So installed appliance in cabinet but without the cabinet doors 4 July - fridge door came away at top and fell on my left arm causing bad bruising 15 July - Comet came to inspect (had come before bot gone to wrong address!!) and agreed it was not fixed properly and I needed an exchange. Agreed to refund installation fee 5 August - still no word from Comet. Whole door fell off - luckily I caught it before it smashed on my feet Emailed Comet. Furious. 7 August - exchange hastily arrived. Installers very helpful - said top screw of appliance being removed had not been fixed on properly which was why the door had fallen off. Not able to install in cabinet (because no hinges) so left as free standing. Confirmed refund of installation fee. Assured me that appliance fine as stand alone and door would not fall off 8 August - email exchange with Comet to confirm exchange had taken place. However I asked them what happened next in terms of I now have an appliance that is not installed (cos they can't - fine - will get kitchen fitter) but no apology / concern / compensation for me being injured by their negligence. They offered me £30 for "inconvenience". I said not happy - they told me to write to Customer Services (Clevedon) 20 August - finally drummed up energy to write to Customer Services, got letter back 31 August "clarifying their position" - they will only offer me £30 as the door fell on me "due to the fact that the hinges were not in place when the item was delivered to your property" Just composing a letter back to them now to say that no, the door fell off because the screw was loosened on the top (their negligence) and that the second installation team had assured me the appliance is also fine as a stand alone appliance and that the door will NOT fall off simply because it is not attached to cabinet doors. I am saying in the letter that their information contradicts itself and their website clearly states (section 11.2 ) "There are certain things that We can't limit or exclude Our liability for (such as where We negligently cause personal injury . . ." BUT am just getting fed up with this now. I am back to work next week and haven't the time or energy to keep getting pushed from pillar to post. I'm not bothered about the money to be honest - but just feel angry at the shoddy treatment I've had and the way Comet really don't seem to like their customers! Advise me please - is this worth pursuing further (if so, how?) or should I just say yes to the £30 , be done with the whole sorry episode, and put it down to bad experience? Many thanks!!
Does anyone know if you have a pre-hearing at an ET, I'm the claimant, how likely and how much risk if there of getting the other sides costs hit to me? Does anyone have experience on just how fair and reasonable judges are?
Hi Apologies in advance if this is too long!!! I visited a fast food restaurant at breakfast time and was asked to park up and wait for my order. The vehicle to my left parked on the white line edging their space so there was little space between our two vehicles. A member of staff for the restaurant delivered my food, then went to the minibus to my right to take food. I started to reverse out my space extremely slowly due to the close proximity of car to my left, I saw the staff member walk behind my vehicle, and as I had moved about 1 metre she walked along the left side of my vehicle (and in my parking space!) to deliver food to the car parked to my left. As the space was very small, my wing mirror clipped her extremely slowly. She made a very dramatic noise, I waited for her (she continued serving the food to the vehicle on my left). I would down ,my window to ask if she was ok (even though I believe it was her own fault for walking in the parking space of a moving vehicle), out of politeness and because I know we live in a 'no win no fee' claim culture I wanted to make sure she was ok. Obviously walking into a wing mirror wouldnt be the most pleasant experience and I was literally doing about 3-5 miles an hour at the most, out of a tight space. I triple checked she was ok, and she told me she was fine as she carried on doing her job, as it wasnt an accident in my opinion i thought nothing more until I received a notice of intended prosecution (driving without due care and attention and also driving without consideratio) 2 weeks later. I called the police to check this was the incident in question (I told them there was no 'accident' of sorts. Traffic police told me to send my side of events with the driver disclosure, and then posted me an official police statement to fill out and return myself. I did this and eventually received a letter back to advise me they had considered the details and were taking no further action. I advised my car insurance and incase she made a claim they sent an independent person to inspect my vehicle for damage (there is none!) and an independent investigator to take a statement, who alsi took me to the scene to show him where and what happened, plus he went and measured up and had to compile a report to return to my insurance detailing what his findings were and who he thought was to blame. My insurance said I needed to forward any solicitors letters if any arrived. None did so I thought she hadnt pursued the case because the police didnt. I wrote to her employers (multi national fast food chain) and was advised by them they knew nothing at all about it at all other than her writing it in the accident book on the day, they did not know I had been reported to the police. They also advised me that she carried on working on the day of the incident but then took a day or two sick off later. They also advise they did not provide her with cctv or my car registration details so she must have written these down as I drove away! they believe she did not tell them as if she doesnt get a pay out from my insurance she will pursue them, as her employers, for compensation as she was doing her job at the time. Four months has now passed and I thought nothing more until I received my car insurance renewal. After never having any points and having 17 years (unprotected, stupid, I know!) no claims, my insurance has more than doubled due to my no claims being dropped down to three years. When I called them they advised me that they did now receive a civil claim but havent reviewed the case notes yet, or even the report from the independant investigator they sent, but the claims handler on the phone advised that as my incident involved a pedestrian they are more than likely to pay out some form of personal injury compensation so they will not probably be reinstating my no claims bonus. I advised them that it was not my fault and she was not following health and safety or the marked walkways on the car park (the investigator commented on this when I had to show him the scene as the same lady was working). I believe she is definitely making a false insurance claim and deifinitely will not have suffered any injury. Even if it was my fault and I had hit her because of bad driving, i do not think she would even have a bruise left at the speed I was travelling. Does anyone have any advice? Her employer advised that as it is a personal matter they cannot even ask her about it. I was considering asking them if they have cctv as there was a witness in the vehicle to my left, and also was wondering if there is anyone I can contact to make a complaint about this insurance claim? Or if anyone had any advice of what else I could do, or if I should write and provide my insurance with any additional details about my conversation with her employers or anything else I can do to help my case. My insurer said although they can dispute the claim and fight my case the probability is they are not likely to, but i want to make sure I do everything I can to prevent someone damaging my insurance and driving record through no fault of my own! Any advice or comments would be appreciated! Thanks.