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    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
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Admiral Car Insurance Liability personal injury claim HELP!!!


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My partner Was on a Bus in August, the bus was Hit By an Admiral Driver, Admiral has accepted Liability for this and advised my Partner at that stage to deal with the compensation claim directly with Admiral.

 

Since this time my Partner has been off work with Knee Ligament issues which has prevented him from teaching riding lessons which was his own business.

 

As a result of a lot of bad luck, We've now been given our eviction notice (Thurs 28th December) which is 9 days away. We've found another property to move into which Admiral confirmed they'd help with.

 

anyway we've calculated the current loss of earnings to be over 18k in 6 months. Admiral have now done a complete U-Turn and now advised my partner to seek legal advice.

 

We've provided them a Profit & Loss accounts for his self-employed business and now they want to see contracts (which were never signed) more medical records for a Doctor my partner has never had.

 

What are our rights? We could be homeless as a result of an admirals careless driver, the lack of haste in the matter & assurance statements have resulted in this complete mess.

 

Feedback is much appreciated.

 

Regards

 

Daniel

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I will move this thread over to the insurance forum. There are plenty of people in there who can help you. :)

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Find a solicitor (local to you) who specialises in personal injury claims, because of the accident circumstances as you have described just about any solicitor will take this on without a cost to you (they recover their costs from the other party ie Admiral).

 

Do this as a matter of urgency, because you have both a personal injury claim and a consequential loss claim. Your solicitor will advise you about an 'interim' payment, ie money fairly quickly but not a full and final payment.

 

Dealing with Admiral direct was a bad idea (I'm not having a go and yes hindsight is a wonderful thing), but whenever personal injuries are involved you are best placed if you have your own solicitor working for you.

 

Post back if you have any questions or need further advice

 

Mossy

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UPDATE!!!

 

They've now come back and offered my partner a conditional final settlement of 6k based on the fact he DOESN'T take an MRI scan tomorrow.

 

This has now put us in a catch 22 situation, do we take the money and have a guaranteed chance to move next week or take the MRI scan which could show up any number of problems with the knee that previous examinations havent uncovered which will affect my partners future?

 

Decisions Decisions!!

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UPDATE!!!

 

They've now come back and offered my partner a conditional final settlement of 6k based on the fact he DOESN'T take an MRI scan tomorrow.

 

This has now put us in a catch 22 situation, do we take the money and have a guaranteed chance to move next week or take the MRI scan which could show up any number of problems with the knee that previous examinations havent uncovered which will affect my partners future?

 

Decisions Decisions!!

 

What worries me is the phrase 'final settlement'

 

Whilst 6000 does sound a lot of money it may not be enough to adequately compensate you if you find out at a later date that the injuries are more serious or have a long term affect.

 

If it was up to me I would rather take the MRI scan and find out the exact position and also consult with a personal injury specialist solicitor.

 

Mossy

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From your original post I can see that the accident was some 5 months ago, that's 5 months of pain suffering and hardship.

 

Add on to that the consequential loss (ie what has happened to your lifestyle as a direct result of the accident/injuries)

 

Then consider the possible future impact of those injuries on your lifestyle and any effect it may have on your future earnings and all of a sudden £6000 does not seem that much money.

 

Mossy

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Hi,

 

I am going through an personal injury claim at the moment also involving my knee too, its a hard situation you are in but with ligament injuries you must accept the MRI scan as if it's left can cause other injuries such as arthritis and also cartilage damage due to trying to keep everything held together. You have to think about the future as some ligament injuries do not just heal and require surgical intervention, long term the ligament could rupture again just by walking again. It needs stabilization and intensive physio 6k as tempting as it is, is not realistic until the full extent of the injury is known.

 

Get a solicitor involved ASAP they are the specialists and can help with housing advice also, best of luck to you!

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Hi,

 

I am going through an personal injury claim at the moment also involving my knee too, its a hard situation you are in but with ligament injuries you must accept the MRI scan as if it's left can cause other injuries such as arthritis and also cartilage damage due to trying to keep everything held together. You have to think about the future as some ligament injuries do not just heal and require surgical intervention, long term the ligament could rupture again just by walking again. It needs stabilization and intensive physio 6k as tempting as it is, is not realistic until the full extent of the injury is known.

 

Get a solicitor involved ASAP they are the specialists and can help with housing advice also, best of luck to you!

 

 

 

Thanks for the advice, that does give a different perspective.

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To echo others, get a solicitor as soon as you can. I appreciate this puts you in a tricky position right now but the fact that Admiral are offering you a Full and Final Settlement (this will legally mean you cannot launch another claim for this incident after signing, even if complications develop) of £6,000 on the understanding your partner doesn't take an MRI screams out that they know full well that the MRI will show damages that run into significantly more than the 6k mark.

 

If it were me, I'd take Admiral's 'offer' as a clear indication that you should pursue them further. This sounds like you have them concerned, and should capitalise (if you'll excuse the pun) on that for everything you can.

 

And, on a medical side of things, you should have the MRI regardless of any claims or fees. This is your partner's medical wellbeing we're talking about here, which is incalculable. To not do everything in your power to ensure your partner's recovery is as speedy and complete as possible is foolish.

 

My view: No matter how hard it is right now, and I appreciate it's tough, tell Admiral to go whistle, get the MRI, get a private solicitor and proceed against Admiral for everything you can get.

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