RTA claim & solicitor problems

[johnyretro]

Hi,

I am having problems with an RTA (road traffic accident) claim.

I suffered neck injury from an accident almost 3 years ago, a bus came across a give way sign and ploughed into the side of my car. I approached a local solicitor to ask about a claim as my insurance did not cover me for legal costs.

I did received a payment for the car damage but my injury claim is on going.

My solicitor did all the paperwork etc and last year the bus company offered me £2,500 for my injuries, my solicitor keeps pushing me to accept the offer and also seems worried about the case going to court , I was advised by a number of friends not to accept this as I am suffering long term neck pain, and also that when the solicitor advised me in writing to accept the offer he also stated that I would have no further claims after my acceptance.

I have been examined once by their doctor and she made an assessment of my injuries. and the claim is based on this assessment. My solicitor says that to increase the claim I have to get a prognoses from the doctor or consultant to state that the current prolonged injury was caused by the accident. But this is proving very difficult and I thought the solicitor should be doing this, i also thought that he would arrange for further treatment for me as I am struggling to receive the appropriate treatment via the NHS.

One of the problems is that I have also got underlying problems from an Injury I had 10 years ago which seems to complicate the issue.

I did have one or two flare ups before the accident but since the recent accident I have suffered neck and arm pain every night

I also have slight compression of one of the nerves which gives me pain down both arms.

I had a recent MRI scan and nerve conduction studies and the consultant says that the neck pain is cause by degenarative changes in my spine and when I asked if the accident had made it worse he refused to comment and just said "I am not getting involved in any accidents "

I have only months to go before my claim ends (apparently I have only 3 years to complete the claim) and my solicitor is pushing me to accept the offer.

My solicitor also says that there is outstanding debt for the car hire which I think the cost of this has been exaggerated somewhat but has been claimed from the bus company.

I feel i need to complain about the solicitor as I don't think he has done enough to help me..

[honeybee13]

Hello there and welcome to CAG. I think you might have more answers on either the insurance or legal forums here, will ask the site team to have a look for you and move your thread if necessary.

 

My best, HB

[silverfox1961]

Thread moved to insurance forum

[reallymadwoman]

Firstly, we really need to know how your claim is being funded. Is the solicitor working on a 'no win no fee' basis or through 'after the event' insurance, for example, or are you paying the costs?

 

Secondly, I think your expectations of what your solicitor should be doing are a little unrealistic - for example it is entirely up to you or your GP to organise treatment for your injuries whether that's privately or through the NHS, and if the cost of medical reports etc isn't covered by insurance then it would be unreasonable to expect the solicitor to pay for them though he should do the actual organising.

 

However, you do need to move on this quite swiftly. If legal proceedings have not been issued within 3 years from the date of the accident, that's the end of your claim, and your solicitor is quite right to warn you about this.

 

Tell us who is paying the solicitors costs and I'm sure you'll get some more help.

[Ganymede]

Firstly, we really need to know how your claim is being funded. Is the solicitor working on a 'no win no fee' basis or through 'after the event' insurance, for example, or are you paying the costs?

 

Secondly, I think your expectations of what your solicitor should be doing are a little unrealistic - for example it is entirely up to you or your GP to organise treatment for your injuries whether that's privately or through the NHS, and if the cost of medical reports etc isn't covered by insurance then it would be unreasonable to expect the solicitor to pay for them though he should do the actual organising.

 

However, you do need to move on this quite swiftly. If legal proceedings have not been issued within 3 years from the date of the accident, that's the end of your claim, and your solicitor is quite right to warn you about this.

 

Tell us who is paying the solicitors costs and I'm sure you'll get some more help.

 

 

 

I would tend to agree, it seems like the OP's expectations are unrealistic and to complain seems unfair.

 

You cannot have treatment if it is not supported by the medial evidence as ultimately the Defendant's insurers will not pay it and you would be liable for the costs so your solicitor may actually be acting in your best interests!

 

Assuming that the claim is funded by a CFA then the solicitor is taking the risk with the cost of the medical report. Each medical report costs around £400.00 (and that's only from a GP!) and I am guessing you are not privately funding this?

 

It may help if you told us the prognosis the medical expert gave. It sounds like it was a exacerbation of a pre existing condition that I would guess was under 1 year?

 

At the end of the day your friends are not privy to your full file and are not legally qualified and so I would be very wary of listening to them over your solicitor.

 

The problem you have is that if you do not accept the offer and the Court award a lower amount you will may to pay the Defendant's costs. Its all about risk. If you do not commence Court action within 3 years of the date of the accident then you will be barred from doing so you need to make up you mind quickly.

[Endymion]

I agree with Ganymede.

 

Basically I assume that you have a medical report from a GP or orthopaedic consultant that says that you have problems with your neck that was either present before the accident or that the accident has caused the symptoms to be present now, but that they would have been present in a years time, irrespective of the accident happening or not.

 

This is why your solicitor is telling you to settle.

 

In order for you to try and get any more dosh, you will need to obtain and serve medical evidence that supports your claim that the ongoing medical problems are related to the RTA and not your pre-existing condition. Very difficult to do and the Court will probably not allow you to get/rely upon further medical evidence and in any event, the Defendants will just rely upon your original medical report that you served on them.

 

If you ignore your solicitors advice, you are running a very real risk that you will end up paying some, if not all, of the Defendant's costs if you go to Court and do not get more than what they offered you.

[Ganymede]

I agree with Ganymede.

 

Basically I assume that you have a medical report from a GP or orthopaedic consultant that says that you have problems with your neck that was either present before the accident or that the accident has caused the symptoms to be present now, but that they would have been present in a years time, irrespective of the accident happening or not.

 

This is why your solicitor is telling you to settle.

 

In order for you to try and get any more dosh, you will need to obtain and serve medical evidence that supports your claim that the ongoing medical problems are related to the RTA and not your pre-existing condition. Very difficult to do and the Court will probably not allow you to get/rely upon further medical evidence and in any event, the Defendants will just rely upon your original medical report that you served on them.

 

If you ignore your solicitors advice, you are running a very real risk that you will end up paying some, if not all, of the Defendant's costs if you go to Court and do not get more than what they offered you.

 

 

Yup, the pre existing degenerative chances make it very unlikely that any other medical expert will give a different prognosis.

 

The OP wants the medical expert to say all her current symptoms are as a direct result of the accident when unfortunately that simply isn't the case.

[johnyretro]

Firstly, we really need to know how your claim is being funded. Is the solicitor working on a 'no win no fee' basis or through 'after the event' insurance, for example, or are you paying the costs?

 

Secondly, I think your expectations of what your solicitor should be doing are a little unrealistic - for example it is entirely up to you or your GP to organise treatment for your injuries whether that's privately or through the NHS, and if the cost of medical reports etc isn't covered by insurance then it would be unreasonable to expect the solicitor to pay for them though he should do the actual organising.

 

However, you do need to move on this quite swiftly. If legal proceedings have not been issued within 3 years from the date of the accident, that's the end of your claim, and your solicitor is quite right to warn you about this.

 

Tell us who is paying the solicitors costs and I'm sure you'll get some more help.

 

 

Hi thanks for your response.

my claim is being funded on a no win no fee basis.

[johnyretro]

The solicitors medical expert said I was suffering from whiplash injuries and that I had previous problems from an older injury wish has been exacerbated by the more recent accident, her prognoses was that I should be able to return to the previous state before the accident within 12 months, the original neck problem occurred in the year 2000 with occasional flare ups one of which was a few months before the accident, but the 'flare-ups' normally only last for a short time, and I have been suffering intense pain everyday since the accident. the claim handler also wants me to accept and sign for the first offer the 3rd party has made and also that I will have no further claims after this acceptance!

 

 

I would tend to agree, it seems like the OP's expectations are unrealistic and to complain seems unfair.

 

You cannot have treatment if it is not supported by the medial evidence as ultimately the Defendant's insurers will not pay it and you would be liable for the costs so your solicitor may actually be acting in your best interests!

 

Assuming that the claim is funded by a CFA then the solicitor is taking the risk with the cost of the medical report. Each medical report costs around £400.00 (and that's only from a GP!) and I am guessing you are not privately funding this?

 

It may help if you told us the prognosis the medical expert gave. It sounds like it was a exacerbation of a pre existing condition that I would guess was under 1 year?

 

At the end of the day your friends are not privy to your full file and are not legally qualified and so I would be very wary of listening to them over your solicitor.

 

The problem you have is that if you do not accept the offer and the Court award a lower amount you will may to pay the Defendant's costs. Its all about risk. If you do not commence Court action within 3 years of the date of the accident then you will be barred from doing so you need to make up you mind quickly.

[Ganymede]

Well obviously if you accept an offer and settle you won't be able to go back for further compensation as you could just going back for more!

 

£2500 doesn't seem unreasonable for a 12 month prognosis but we're not privy to the information your solicitor has. If the £2500 if what the solicitor expected and valued you claim at you will need to accept it soon otherwise your 3 years will expire and you won't get a penny!!

[Balinda]

It all depends on the evidence on your file and key to this is your medical report. Your doctor seems to be of the view that your pre-existing neck problems were exacerbated by the more recent accident and is also clear about the prognosis. It would be difficult for you to challenge this opinion without further medical evidence. Besides, the bus company has already seen your medical report and the offer has been pitched at £2500 based on this evidence. Did your solicitor obtain all your medical records from your GP and or hospital? It's worthwhile getting your medical records to assess the extent of your pre-existing condition.

 

If you accept the bus company's offer, the settlement will be final. You need to issue court proceedings before the three years run out.