Personel injury claim - advice needed please

[mobeyone]

All,

 

My parents were involved in an RTA a couple of years ago Rear ended on a bridge all on cctv.

 

The car was a modified van which took the impact well bar some scracthes and teh bumper coming loose. Exchanged details and went away.

 

contacted the insurance company who then informed the solictios who then contacted my dad to open an injury claim. They did have some back pain as they were jolted and bearing in mind they were in a van. They were told no win no fee... My dad told them that damage was minimal bumper was loose and they said no problem forms sent out and medical carried out.

 

The third party then disputed liability saying that no accident happened despite my dad having a piece of paper from the third party with all relevant details. My dad then started to recieve threatning letters from the solicitors asking for information regarding the accident and that he would be pursued for costs as the third party were not admitting liability. umerous phone calls and letters then nothing.

 

He is now in reciept of a letter stating that third party has admitted liability and that they are now saying that the third party rolled into him causing no damage... bearing on mind he was on a hill... and that due to this there is no injury and no settlement to be made.

 

My dads solicitors are now forcing him to take a conference call and to speak to a counsel to establish wether or not a claim can be made in court and are threatning him with legal costs if he does not instruct to go to court.. my dad said from the start as above but they took the case on knowing that there was minimal impact and are now looking to shaft my dad with llegal costs from both sides.

 

Can anyone give any advise on this? or what he can do from here? and clearly... there is no such thing as no win no fee..

[JonCris]

All,

 

My parents were involved in an RTA a couple of years ago Rear ended on a bridge all on cctv.

 

The car was a modified van which took the impact well bar some scracthes and teh bumper coming loose. Exchanged details and went away.

 

contacted the insurance company who then informed the solictios who then contacted my dad to open an injury claim. They did have some back pain as they were jolted and bearing in mind they were in a van. They were told no win no fee... My dad told them that damage was minimal bumper was loose and they said no problem forms sent out and medical carried out.

 

The third party then disputed liability saying that no accident happened despite my dad having a piece of paper from the third party with all relevant details. My dad then started to recieve threatning letters from the solicitors asking for information regarding the accident and that he would be pursued for costs as the third party were not admitting liability. umerous phone calls and letters then nothing.

 

He is now in reciept of a letter stating that third party has admitted liability and that they are now saying that the third party rolled into him causing no damage... bearing on mind he was on a hill... and that due to this there is no injury and no settlement to be made.

 

My dads solicitors are now forcing him to take a conference call and to speak to a counsel to establish wether or not a claim can be made in court and are threatning him with legal costs if he does not instruct to go to court.. my dad said from the start as above but they took the case on knowing that there was minimal impact and are now looking to shaft my dad with llegal costs from both sides.

 

Can anyone give any advise on this? or what he can do from here? and clearly... there is no such thing as no win no fee..

 

If you instruct a solicitor (& you have by lodging a claim) its essential that you cooperate with them as only by cooperating will they be paid by the otherside (assuming you win) & if you don't they can require their client (your parent) to pay their costs to date

 

Also there's a 3 year limitation on such claims & there's nowt worse than clients who won't help themselves They waste so much time time which could go to helping those who want & mostly need the help

[mobeyone]

I understand that but given the details as above that were given at the time, the solicitor is clearly now making steps to make my dad responsible and seek money from him as the third party is both changing thier stories and now statig that there is no claim as they claim there was very little impact

 

The car in question has now also been sold. The solicitor i question where very keen from the word go to logde the claim and it was them who guided and advised him on what to do.

[JonCris]

I'm sorry but your father MUST have given his consent for them to continue AND when you 1st give details further question usually arise sometimes many months later & a solicitor will expect their client (your parent) to cooperate if they don't they can be asked to pay any fees plus disbursements up to the date of their last activity

[mobeyone]

I'm sorry but your father MUST have given his consent for them to continue AND when you 1st give details further question usually arise sometimes many months later & a solicitor will expect their client (your parent) to cooperate if they don't they can be asked to pay any fees plus disbursements up to the date of their last activity

 

Thats the thing, they did not.

 

My father told them from the word go and they within a month or so had him sent off for a medical. He did not hear anything until nearly a year after he started to get these letters advising of a problem with liability and the fact that the driver was claiming he had not hit my father.

 

At no point did the solicitor before the medical get in touch with him asking for further details about the accident. they rail roaded the claim with minimal corrospondance.

 

He has now changed his story to him rolling into my fathers car bearing in mind that this was on a hill with cctv footage available.

[JonCris]

He went for the medical yet he didn't instruct them! Then he shouldn't have gone for the medical should he as the medical will have cost something & if a consultant approx £1,000 The point I'm making is that if he acted as if he was going ahead the solicitor would have concluded that he intending pursuing a claim The problem is that as you admit he ignored their letters & now they are demanding his cooperation as a last resort before deciding on their next course of action which may include charging your father. I strongly recommend that he cooperate & 'willingly' take part in the conference in order to put the matter to rest for all concerned

[Ganymede]

All,

 

My parents were involved in an RTA a couple of years ago Rear ended on a bridge all on cctv.

 

The car was a modified van which took the impact well bar some scracthes and teh bumper coming loose. Exchanged details and went away.

 

contacted the insurance company who then informed the solictios who then contacted my dad to open an injury claim. They did have some back pain as they were jolted and bearing in mind they were in a van. They were told no win no fee... My dad told them that damage was minimal bumper was loose and they said no problem forms sent out and medical carried out.

 

The third party then disputed liability saying that no accident happened despite my dad having a piece of paper from the third party with all relevant details. My dad then started to recieve threatning letters from the solicitors asking for information regarding the accident and that he would be pursued for costs as the third party were not admitting liability. umerous phone calls and letters then nothing.

 

He is now in reciept of a letter stating that third party has admitted liability and that they are now saying that the third party rolled into him causing no damage... bearing on mind he was on a hill... and that due to this there is no injury and no settlement to be made.

 

My dads solicitors are now forcing him to take a conference call and to speak to a counsel to establish wether or not a claim can be made in court and are threatning him with legal costs if he does not instruct to go to court.. my dad said from the start as above but they took the case on knowing that there was minimal impact and are now looking to shaft my dad with llegal costs from both sides.

 

Can anyone give any advise on this? or what he can do from here? and clearly... there is no such thing as no win no fee..

 

 

What is the issue with a conference with a barrister? Do you not think the term "forcing" is a bit extreme? It is a fairly routine thing to do before a trial and if your father is not local then it will be done over the telephone. All that will happen is the Barrister will go through the facts of the claim and ask your father questions relating to it and he just needs to tell the truth. It's done to see how well he would stand up as a witness in court as it will be his word against the Defendant and the judge will have to decide based on the oral evidence (and medical report etc).

 

What did the medical report say? Did it confirm that he had suffered an injury? If it did then there is nothing to worry about.

 

Your father really needs to start co-operating as under the terms of the CFA he will be liable for costs if he doesn't. Remember the solicitors have to act in his best interests, it will be no win no fee if your father co-operates!

[JonCris]

Quite!