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I had an accident in 2016 and I've gone through the process of claiming from the third party. My claim was valued at £52k. Also I do have a past conviction for fraud going back 7 years ago. No need to discuss that though. I was in the wrong and paid for it and learnt.
I've had a medical from a doctor and also a physiologist. During this process I had another accident that wasn't my fault. When I was at the medicals I was never asked if I had had any past accidents (that is what I believe) so never mentioned it. Or I had simply forgotten to mention it having concentrated on telling them about a fatal accident that I had 11 years ago. The physiologist also got my medical reports which he put snippets in of my fraudulent past.
Now, the third party have come back to us after my solicitor submitting the forms to court. They have said I have a background of fraud and because of that, and the fact I didn't tell the doctors about my other recent accident, I'm being fundamentally dishonest and the claim should be struck out. He claims not be know about my past. Sh8t happens and my past shouldn't have to be brought up. My solicitor has suggested I don't pursue it to trial because I'll most likely loose and will be responsible for £30k plus of the third party fees. He's also said I'd have to start paying his fees privately because of the accusation of being fundamentally dishonest. Now he's asked the third party if we can discontinue and they've said yes, but want £4k paying. What I've just realised after going through paperwork is that my solicitor (if he actually read the doctors reports) knew about the fraud before submitting all this to court (because it said in the medical report). I did not personally mention it to him as I felt it was irrelevant. Also, he knew about my other recent accident that I had mistakenly or not, not told the doctor. They're in my medical reports that he sought for me, it stated I had a previous accident and that I had been in trouble for fraud.
I feel if he'd read the documents first and thoroughly, he would have seen I'd forgotten to mention about my other recent accident and gotten an amendment done or advised not to go ahead with the claim before it got to this stage because of my past of fraud and (a year after medical reports) with all these fees, or he would have advised that its risky etc. The fact that he's missed these big issues makes me feel as though he's failed me and not actually been doing his job correctly, or just going through the motions. He also on a number of occasions asked me for information that I'd already given him.
Where do I stand and does anyone have any advice? This was don't on a no win no fee, but as I found out, its not all its made out to be.
I've had a medical from a doctor and also a physiologist. During this process I had another accident that wasn't my fault. When I was at the medicals I was never asked if I had had any past accidents (that is what I believe) so never mentioned it. Or I had simply forgotten to mention it having concentrated on telling them about a fatal accident that I had 11 years ago. The physiologist also got my medical reports which he put snippets in of my fraudulent past.
Now, the third party have come back to us after my solicitor submitting the forms to court. They have said I have a background of fraud and because of that, and the fact I didn't tell the doctors about my other recent accident, I'm being fundamentally dishonest and the claim should be struck out. He claims not be know about my past. Sh8t happens and my past shouldn't have to be brought up. My solicitor has suggested I don't pursue it to trial because I'll most likely loose and will be responsible for £30k plus of the third party fees. He's also said I'd have to start paying his fees privately because of the accusation of being fundamentally dishonest. Now he's asked the third party if we can discontinue and they've said yes, but want £4k paying. What I've just realised after going through paperwork is that my solicitor (if he actually read the doctors reports) knew about the fraud before submitting all this to court (because it said in the medical report). I did not personally mention it to him as I felt it was irrelevant. Also, he knew about my other recent accident that I had mistakenly or not, not told the doctor. They're in my medical reports that he sought for me, it stated I had a previous accident and that I had been in trouble for fraud.
I feel if he'd read the documents first and thoroughly, he would have seen I'd forgotten to mention about my other recent accident and gotten an amendment done or advised not to go ahead with the claim before it got to this stage because of my past of fraud and (a year after medical reports) with all these fees, or he would have advised that its risky etc. The fact that he's missed these big issues makes me feel as though he's failed me and not actually been doing his job correctly, or just going through the motions. He also on a number of occasions asked me for information that I'd already given him.
Where do I stand and does anyone have any advice? This was don't on a no win no fee, but as I found out, its not all its made out to be.
