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**des8** · 7th March 2021, 19:36:PM

Are you saying that the third party, who have admitted liability, are now claiming that as the incident was a low velocity impact you could not have sustained the injury that you are claiming for, and therefore you are open to a charge of fundamental dishonesty?

On the facts as presented it does not seem likely to me that such a charge would be upheld.
You discontinued an earlier claim as you felt the injury had settled itself, but doctors advised you when you had a flare up that the accident could well be the cause.
you will need to show, on the balance of probability, that the doctors are correct.
Now only your solicitor will be able to advise you if your evidence is likely to be good enough,

However if a witness statement is found not to be credible a finding of fundamental dishonesty does not necessarily follow

I suspect the other side is threatening this in the hope you withdraw your action.
You can only be guided by your solicitor

**EnglandPi** · 7th March 2021, 19:36:PM

Call the samaritains https://www.samaritans.org

**Joshua2005** · 7th March 2021, 20:00:PM

Thank you so much for your reply

Yes they are claiming my injuries are not related to the accident or that I have made the injuries worse than they are
it was an accident between 5-10 mph she has admitted fault but is saying I am lying about the injuries even though I had a dent that needed repaired she is claiming a slight bump

i dropped my original claim as I am honest and never would of gone ahead unless the solicitors doctor had said it was linked
I would lose my job home and my family if found guilty of being fundamentally dishonest
My OCD is crippling me I just can’t help it and I am so worried about going to court like I said I’m 50 never done anything wrong in my life never been accused of anything

thank you so much for replying I just feel let down that my solicitor did not warn me until after the lvi allegation came back
they think we will win still or will not go ahead I am worried I will let everyone down
I know I must come across as a bit strange but I am so worried the lady that hit me was horrible swore at me denied hitting me she only admitted it after the report came back she had the stress of that as well

again thank you so much

**des8** · 7th March 2021, 22:22:PM

I wouldn't blame your solicitor for not mentioning the possibility, as it is a move that rarely happens.
I would suggest it seems the third party aren't confident of winning, so they are threatening this move to get you to withdraw your claim.
Nothing like putting pressure on the other party,

Talk to your solicitor and be guided by him and good luck

**Joshua2005** · 8th March 2021, 12:23:PM

Thank you DeS 8 for taking the time to reply to me and for your help and advice
The other side are claiming that because I didn’t visit a GP until 16 months after the accident my injuries can’t be related to the incident
they are saying because I didn’t visit my GP straight after the accident ( I got married and went on honeymoon) that this proves it was a very minor injury
the lady involved that hit my car was vile and accused me off making up the claim it took a engineer report to rule in my favour
The damage was a dent and cost £1200 to repair the accident was start of March 2018 but they only admitted being liable in November 2020 even though claim was ruled in my favour April 2018 they say they are liable for damage to car and duty of care but not my injuries

I think she yet again has influenced her insurance company into believing I am a liar etc and they think I am someone trying to put it on

My solicitor told me that fact they had admitted liability and going to court was just going through motions to protect 3 years

now there going on about possible fundamental dishonesty if that happens I am ruined but they have told me they have to tell me this by law and with all their reports they think we have a great case still

however I am confused the claim is for £2500 I have been honest and claimed no expense no loss etc which they even had the cheek to question as well

so Why would they fight it as it will cost them more and to me like my solicitor said the lvi allegations come from now where

it’s just that my OCD always thinking worst case scenario but my solicitor has told me he will never put me at risk and will always act in my best interests and that court is 6/9 months away at the earliest

I can not tell you how vile the woman was that hit me and going to court again and seeing her feels me with dread

again thank you so much for your help and advice I really appreciate it
i did try and send you a private message to say thank you but it would not let me as you have helped me calm down a bit

**des8** · 8th March 2021, 14:01:PM

Even if the court ( if the case gets that far) should find that your injury was not caused by the incident, it does not follow that you would be guilty of fundamental dishonesty.
To prove fundamental dishonesty the defence would need to show, among other things, that you had no honest belief in the truth of your statements.
That is not easily done, especially when you have medical reports supporting your claim

There is an interesting (to me anyway) article about fundamental dishonesty here:https://www.athertongodfrey.co.uk/wp...dishonesty.pdf
The really interesting comment in it is these "provisions[ about fundamental dishonesty] become mere tactics, driven by fiscal considerations, to be employed in the armoury of the defendant litigator."
That is what the defence are doing, using pressure tactics hoping you will discontinue.

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