Whiplash - Court proceedings involving a minor

[Conniff]

The medical expert is independent of any party and addresses their report to the Court.

 

The expert's fee is not linked to how much compensation is awarded. They are paid whether the Claimant wins or loses.

 

The solicitor whose idea this all was not the doc doh

[Kaykay]

I'd tell your friend to drop it and move on with her life and not waste any more time or money.

 

You can only appear if the Judge has erred in law. This was a finding of fact which you can't appeal.

 

Let's have a look a the evidence here, there's an engineers report confirming an impact, a medical report confirming an injury and witness statements from two other people confirming there was a second impact.

 

Even if she could appeal it's complicated and it'll cost thousands of pounds. Her insurance won't cover her for the appeal considering they've already admitted liability and settled the child's claim.

Are you saying that she cannot appeal if the judge was plainly wrong? She believes that she is the Defendant and she should be listened to rather for the Insurance firm who makes economic decision.

 

She told me there was no finding of fact involved as the judge simply disregarded her being the Defendant on the basis that the hearing was a settlement hearing and notwithstanding the Acknowledgment of Service she filed and served in which she disputed the claim and also disputed the jurisdiction as to the suitable for Part 8 Claim. She wanted the opportunity for whoever who believes that there was impact with the Car C to make oath before the court and their testimonies to be tried.

 

According to her the judge had to adjourn the hearing briefly on the day to allow Counsel from the Claimant to confirm that the Insurance Firms of the Claimant and the Defendant has agreed on the money to be paid out to the little child.

[Ganymede]

Are you saying that she cannot appeal if the judge was plainly wrong? She believes that she is the Defendant and she should be listened to rather for the Insurance firm who makes economic decision.

 

She told me there was no finding of fact involved as the judge simply disregarded her being the Defendant on the basis that the hearing was a settlement hearing and notwithstanding the Acknowledgment of Service she filed and served in which she disputed the claim and also disputed the jurisdiction as to the suitable for Part 8 Claim. She wanted the opportunity for whoever who believes that there was impact with the Car C to make oath before the court and their testimonies to be tried.

 

According to her the judge had to adjourn the hearing briefly on the day to allow Counsel from the Claimant to confirm that the Insurance Firms of the Claimant and the Defendant has agreed on the money to be paid out to the little child.

How was the judge wrong in law?

[Kaykay]

How was the judge wrong in law?

 

My thinking: Since she disputed the claim served upon the judge had one course of action to give directions for the case to be tried. For the judge to refuse the case to be tried after it has been disputed appeared to me to be plainly wrong.

[unclebulgaria67]

My thinking: Since she disputed the claim served upon the judge had one course of action to give directions for the case to be tried. For the judge to refuse the case to be tried after it has been disputed appeared to me to be plainly wrong.

 

They can refuse if the grounds for dispute do not stand any chance of being succesful.

 

The courts won't just hear EVERY case that is put to them.

 

Suggest that they speak to a Solicitor and get an opinion as to whether there is any scope for appeal, as well as any chance of winning .

 

Ganymede has some involvement in the legal process and is quite knowledgeable about the issues you raise. But they don't have access to all of the paperwork for this case and this is why a Solicitor should be consulted, to obtain an opinion that will help decide whether this can be persued further.

[Ganymede]

They can refuse if the grounds for dispute do not stand any chance of being succesful.

 

The courts won't just hear EVERY case that is put to them.

 

Suggest that they speak to a Solicitor and get an opinion as to whether there is any scope for appeal, as well as any chance of winning .

 

Ganymede has some involvement in the legal process and is quite knowledgeable about the issues you raise. But they don't have access to all of the paperwork for this case and this is why a Solicitor should be consulted, to obtain an opinion that will help decide whether this can be persued further.

 

 

Haha yeah something like that.

 

It really is a futile exercise to appeal this. If the OP checks her insurance policy it will most likely delegate authority to her insurers to settle liability for accidents on their behalf.

[Kaykay]

Haha yeah something like that.

 

It really is a futile exercise to appeal this. If the OP checks her insurance policy it will most likely delegate authority to her insurers to settle liability for accidents on their behalf.

What she told me that is making her extremely unhappy is that her name was written in the court document as causing an accident which resulted in a little child injury whereas no such accident occurred involving the car the little child was seated. She told me it would be easy to let go if there had not been a court recording or if the Insurance firm was used as the defendant instead of her name.

 

Is there absolutely no way she could seek a remedy for the decision to be quashed?

[reallymadwoman]

What she told me that is making her extremely unhappy is that her name was written in the court document as causing an accident which resulted in a little child injury whereas no such accident occurred involving the car the little child was seated. She told me it would be easy to let go if there had not been a court recording or if the Insurance firm was used as the defendant instead of her name.

 

Is there absolutely no way she could seek a remedy for the decision to be quashed?

 

1. No one other than her and the insurance company will ever know about it, court documents of that nature are not normally published.

2. There might be a way that I've never heard of but she would need legal advice to find out and it's likely to cost massively, both for the advice and for whatever course of action is suggested. Bottom line is that she gave all rights to deal with the incident to the insurance company who have dealt with it in what they thought was the best way, generally the cheapest for them.

[Ganymede]

What she told me that is making her extremely unhappy is that her name was written in the court document as causing an accident which resulted in a little child injury whereas no such accident occurred involving the car the little child was seated. She told me it would be easy to let go if there had not been a court recording or if the Insurance firm was used as the defendant instead of her name.

 

Is there absolutely no way she could seek a remedy for the decision to be quashed?

 

Why does she care?

 

There is no record kept that will show up in any search or enquiry and there will be nothing published in the press etc.

[Lucifa42]

I would advise Driver A not to try and have so much reliance on the lack of external damage to the front of car B (or is it the back of C?)

I have had the misfortune of being involved in 2 rear end shunts, and on both occasions 1 car did not show any external damage besides a very small scratch but did have internal damage not noticed until later.

[Kaykay]

I fed the information to her. She appeared receptive especially relating to the path that her name would not be searchable in any database. She told me that what Car C did means anyone can easily claim whiplash and receives four figure compensation. She said any passenger in a bus that had emergency stop could easily create a scene in the bus and ask for ambulance and claim four figure compensation. That without anyway to correct such fraud it would continue to escalate.

[Ganymede]

Anyone can claim compensation if they were injured when a negligent driver rear ends their car yes.

 

Nowhere have I seen any clear signs of fraud as all the independent evidence is in the Claimant's favour

 

Anyway, it's good to hear that your friend has finally accepted it and will be putting the accident behind her and moving on.

[Kaykay]

Anyone can claim compensation if they were injured when a negligent driver rear ends their car yes.

 

Nowhere have I seen any clear signs of fraud as all the independent evidence is in the Claimant's favour

 

Anyway, it's good to hear that your friend has finally accepted it and will be putting the accident behind her and moving on.

What I have reported here of her case appeared different from what you are saying here. She said there was absolutely no impact to Car C. Her problem was not on Car B where there was impact but Car C where there was no impact. She appeared to have evidence that once the case is tried in a court of law the Driver of Car C may likely be prosecuted for fraud.

 

I have also never reported any independent evidence that favoured the Claimant. The evidence she has got which I have seen clearly showed that the little child was seated on the front passenger seat of Car C and nobody was seated on the rear passenger seat. The Claim was that the little child was seated on the back seat and she took that to be a different person in her evidence and thus she believes that was a clear case of fraud as nobody was seated in the back seat of Car C.

 

She told me she was receptive and never told me she has put it behind her. She told me she has never had any parking contravention in her life in whatsoever form and never had any accident ever before this incident.

[unclebulgaria67]

Is there any point in this thread staying open ?

 

The person concerned is not benefitting from a continuing debate, when the exact situation does not appear to be known.

[Ganymede]

I agree with UB. This thread has run it's course and I don't think the OP's friend can be helped any further.

[Kaykay]

Is there any point in this thread staying open ?

 

The person concerned is not benefitting from a continuing debate, when the exact situation does not appear to be known.

Yes. I want the thread to stay open for others willing to contribute. It took you over a month to make your contribution but appeared you did not read the original post to see what I reported and the follow up posts I reported including the picture of Car C purportedly moderate impact of the accident whereas she asserted that impact was never that of the incidence. I believe others might take sometime to respond.

 

I believe she was benefiting from my feedback hence you can see what I stated about her receptive comments. Even if she was not benefiting I believe I am learning new things and others as can be seen from those who have viewed the thread.

 

She told me that she is still going to appeal but not yet received the Court order upon which she would appeal. So as I believe that some people here are keen to stamp out fraud so it would be good to read their experiences, opinion and ideas.