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Personal injury claim....


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First of all, sorry if I am posting this in the wrong place.

 

My problem is with a company my insurance sent me to after being in a car accident in early 2010. I followed their advice and a man came out to my home and took down my version of what happened. I signed the agreements and he went away to type up my statement. A few weeks or more later I was sent a written copy of the statement I'd made. I was asked to read it through, correct and initial any mistakes. Sign and return it. There were a MASSIVE amount of mistakes in the statement, such as place names (despite having spelled them for the assessor) I spent over and hour correcting the statement and sent it back. That was the last I heard....until now.

 

2010 was the worst year of my life, my grandmother and two of my closest friends died within six months of each other and I was also more or less housebound for a few months with a back injury (possibly due to the injury sustained from the car accident) so as you can imagine, chasing up on this claim, which I believed was being processed by competent person who would contact me if I was needed, wasn't on my list of priorities.

 

I opened my mail on arriving home today to find a letter from the solicitors who were supposedly acting on my behalf to make a claim against the driver responsible. They have informed me that I have to pay THEM over a thousand pounds and that they have passed a judgement on me (county court I assume) and will be "commencing enforcement proceedings" if I don't cough up the sum within seven days.

 

I am absolutely furious. I've heard NOTHING from these people since returning my amended statement back in 2010. No letters, no telephone calls, nothing! Yet now, they want money from me. It was all on a "no win, no fee" basis, so I do not understand why I'm being chased for this money. My fiancee seems to think that they are pulling a fast one on me, as their silence for well over a year is suspicious at best.

 

Obviously I can't afford to pay a thousand pounds within the next seven days and frankly, why should I be paying anything when as far as I'm concerned they haven't fulfilled their end of the bargain by taking my injury claim to court and fighting for compensation.

 

Can anyone advise me of my rights against these people? I'm going to try calling them on Monday (hopefully after speaking with Trading Standards) to find out what is going on. I'd love to be able to come back at them by knowing my rights.

 

Thanks for reading. Any advice would be gratefully received!

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It sounds like your case was initially handled by a claims management firm which is the first problem.

 

Was your case funded under legal expenses or on a no win no fee agreement?

 

If your case was funded under legal expenses, then there should not be an issue as the solicitors will; be paid anyway.

 

If your case is funded by way of a no win no fee agreement, then the only time you will get asked to pay anything is if you decide to stop the case and there is no opportunity for the solicitor to recoup some of its outlay, or if it has been proven that you deliberately misled the solicitor, for example you claimed that the injury you sustained was far more serious than it actually was.

 

So, I really cannot see where this solicitor is coming from as there is still the chance of profressing the case.

 

Accident management firms are particularly bad at getting statements factually correct, but that again is not an issue as this can be corrected later.

 

You may have a case for professional negligence against your current solicitor and possibly a case against the insurers as well.

 

I work in personal injury law. If you are able to provide me with a name and contact number, I would be happy to call you personally for a no obligation chat and look to see if this sitaution can resolved for you.

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