Pre action order relating to injury claim.

[des8]

So SEIB were the brokers. What we need is the actual insurer's policy wording

[steveeasy]

So SEIB were the brokers. What we need is the actual insurer's policy wording

Hi Des8,
It will come as a suprise but I have got a solicitor to deal with the matter. he is ok, used him before. he deals with personal injury all the time. I will update you on this as you have been very helpful and given me good advise. his initial thoughts are positive with the aim to settle fast without confrontation.

Thanks
steveeasy

[des8]

Well done and thanks for letting us know.
It is always useful to know how things pan out, as it may help others in a similar position
good luck

[steveeasy]

Well done and thanks for letting us know.
It is always useful to know how things pan out, as it may help others in a similar position
good luck

ill keep you posted for sure.
many thanks
stephen

[Manxman]

Make sure your solicitor is fully apprised of the insurance situation. Even if you - or your partner - think that because your PL insurance had lapsed then you must not be covered against this claim, you might be wrong. Your solicitor must read the T&Cs of the policy that had been allowed to lapse*. If you should happen to lose this case you don't want to be paying out of your own pocket instead of your insurers.

I think you've confirmed that you currently have PL cover in place. But you need to learn from this lesson that if you ever get what you think might be even the weakest possible personal injury claim, YOU MUST either refer it to your insurer or consult a lawyer ASAP. There could be a lot of money at stake...

Good luck!

*Get thim to read the terms of your current policy too.

[steveeasy]

Hi Manxman,
Yes I will check this. Yes I am learning lessons from it. I Receved an email from the claimant solicitors today(sunday) They have not been contacted by our solicitor yet. I am not involved now.

However I am still frustrated and confussed. Just because something is not normal does not mean its wrong. A litigant in person can represent them selves. they should follow pre action protocol just as the other party should. I recieved this
Dear Miss Clark

You now say (after several communications) that you are prepared to deal with this matter sensibly.

With respect, were you to seek legal advice, you would find that my client’s Letter of Claim is entirely compliant with the Pre-Action Protocol and you now also have medical evidence and say that you will respond.

Pre action protocol says
5.2 The Letter of Claim should include the information described on the template at Annexe B1. The level of detail will need to be varied to suit the particular circumstances. In all cases there should be sufficient information for the defendant to assess liability and to enable the defendant to estimate the likely size and heads of the claim without necessarily addressing quantum in detail.

5.3 The letter should contain a clear summary of the facts on which the claim is based together with an indication of the nature of any injuries suffered, and the way in which these impact on the claimant’s day to day functioning and prognosis. Any financial loss incurred by the claimant should be outlined with an indication of the heads of damage to be claimed and the amount of that loss, unless this is
impracticable.

It says the letter of claim should if practical provide enough information for the defendant to determine the level of claim. financial loss by claimant. type of injuries. It does not say, the letter of claim should be very brief. then anything the claimant has as information such as medical reports , he can keep secret and the defendant should accept or deny liability with not enough information to make an informed judgement. we dont know where the accident happened. But im told by the claimant solititors if id taken legal advise id realise his letter was fine.

It may have been fine for the initial letter of claim, but not fine two years later. when a medical report is given its utter madeness to suggest I be asked or given by return of email to respond. Im sure id need to first consider if I even accept liability. if we dont know where or what drain it was then id be mad to accept liability. for clarity no drains in or on the car part. the claimant says he fell in a drain crossing the car park. Ive asked in writting to clarify this no repsponse.

I think its more a lawyer thinks he wont deal with a litigant in person and believes he can flip it anyway. ill be interested to hear what our solicitor thinks on the matter.

Let me know what you think though as im very confussed by this aspect. I might come across as unorganised and you might t5hink ive been dodgeing the matter. the fact ive been writing letters to the claimant asking for details since Jan 2021. Ive had no response. so how could I make any judgement or deny or accept liability.

Steveeasy

[steveeasy]

Ok my solicitor is confussed. its under part 8 pre action disclosure, he says it should be 16.

its not in my partners name.

He cant believe they have never asked in any way for disclosure. he will ask them tomorrow what they reley on. He did initially suggest we agreee to the disclosure but if the claimant has never requested anything ever. he recogments we ajourn it to oppose it and claim our costs.

The claimant has never asked for anything or provided anything until last tuesday. he wants 1725 for disclosure application. our solicitor is a bit confussed.

Oh and I recieved an email from claimant on SUNDAY morning. Ever known a solicitor opperate on a sunday.

Our solicitor seams to think it might be an attempt to get a default judgement >is this possible?when we are in corrispondance with them.

Thanks
stephen

[Manxman]

Leave everthing to your solicitor to deal with. You are paying them to give you legal advice that you can rely on. If they give you the wrong advice, you might be able to sue them.

It's pointless paying a solicitor and then asking anonymous people on a forum what they think. Your solicitor is in communication with the other side and has access to all the documents and correspondence etc that we can't see. If any of us give you bad advice you have no comeback. Trust your solicitor.

Having said all that... are you absolutely sure that you have gathered up all the correspondence you have ever received from anyone in respect of this claim, and that you have now passed it all onto your solicitor? I ask because I still get a bit of an impression that you may never have taken this claim as seriously as you might have from the outset (eg you seem to have accepted your insurance company's rebuff without question) and I'm just wondering if you may have forgotten or misplaced earlier correspondence? (I do it all the time!)

Just asking...

[steveeasy]

Leave everthing to your solicitor to deal with. You are paying them to give you legal advice that you can rely on. If they give you the wrong advice, you might be able to sue them.

It's pointless paying a solicitor and then asking anonymous people on a forum what they think. Your solicitor is in communication with the other side and has access to all the documents and correspondence etc that we can't see. If any of us give you bad advice you have no comeback. Trust your solicitor.

Having said all that... are you absolutely sure that you have gathered up all the correspondence you have ever received from anyone in respect of this claim, and that you have now passed it all onto your solicitor? I ask because I still get a bit of an impression that you may never have taken this claim as seriously as you might have from the outset (eg you seem to have accepted your insurance company's rebuff without question) and I'm just wondering if you may have forgotten or misplaced earlier correspondence? (I do it all the time!)

Just asking...

To Clarify Iwe have never ever recieved any request for anything other than to pass the claim on to our insurance company. Respectfully I dont.

Now its costing us money to deal with the pre action disclosure application and quite frankly it was not required as we have been in corrispondance since jan 2021. believe it or not but ive copies of all corrispondance. never have they asked for anything. ever. I have and its been ignored. So im very frustrated about the application , no i am not leaving everything to anyone, that would be madeness.

Steveeasy

[steveeasy]

This is why I was so reluctant. you can end worse off.

The new solicitor agreed to do a report and value the claim by monday. Tuesday got call and told he was confused. eventually we agree to ask the claimant if they are relying on any letters or requests for disclosure. if they say they had asked us we would allow the application. If they say they have none and have never asked me in any way we will oppose it. will call me back on Thursday. did not happen. paid in advance.

any thing has to be filed at the court 4 days before hearing and by 12am . baring a miracle we are too late. so who coffs up if there are penalties. It was not confussing Ive continually stated we have never received any request for anything. I should know. what I dont know is if it makes any difference. I should know though now ive got paid legal advice.!!!!..

Steveeasy

[des8]

So he has until Monday midday to file.. so ascertain from his secretary first thing Monday what is happening

[steveeasy]

Hi Des8,
This is why I was so reluctant.
In 1995 i sold a business. we paid £10,000 in fees. there was a problem with a retention amount claims by purchaser within 28 days. he made none. but the buyer found out our solicitor released the funds to us early. we then incurred another 15,000 of fees with our solicitor working with the purchaser to to take our money back. conflict of interest!!. the law society intervened and the amount was cleared in full . but it was a mess.

then there was the lawyer we went to see regarding the lost 183,000 grant that went missing. (parliamentary 3 year investigation. a grant i spent 4 years obtaining. told by our landlord he had given it back. in a meeting with SEC of state in parliament to he still had it). said he would write up an account and provide the advice we sought. said he was away the next week but would let us have it in a couple of weeks. No lies. over 1 year later we get the report with a £2,000 bill. even tried to say we new it would take that long.

Ive more but im not going there.

This chap has helped me 2 times. not good.

But this time he had no problem helping us. he does pre action disclosure app all the time

he would write up report of the evidence. and include the value of claim. 300 plus VAT. he would do it last monday. wednesday he was confused. he would call me back thursday after he had found out if the claimant had ever requested anything from us. (they have never asked for anything other than to pass on to insurance. jan 2021 i told them we could not. Not heard from him by email or call. nothing.

Now I am m ore confused than ever. is it relevant or not if they ever asked us for any disclosure. if not then we should just agree to it. if it is relevant the we should oppose it. but now I dont know neither does he. we have paid 1000 to him and we will probally have been better going it alone.

Thats why I was reluctant because lawyers are totally unreliable and one should never believe a word that leaves their mouths. why should I have to keep calling. ive paid him. ive already been told to leave it to him.

Its not good and puts me in a very bad place.

Steveeasy

[des8]

I'm always amazed by reports like yours, and we often hear on the forum about horrendous fees and experiences people have had with solicitors.
I've never had problems with solicitors I've instructed, but have been the victim of attempted bullying by the other side's solicitor.

Chase tomorrow morning regardless!

[steveeasy]

Its a bit like theft really. insist on money upfront then dont do what they say. In normal business you cant get away with it. ill now need a lawyer to deal with the lawyer and might just be able to settle the claim if any of them behave in a reasonable way.

Steveeasy

[steveeasy]

ok.
The solicitor has got the file of papers from claimant. To clarify tthe lawyer confirmed they have never ever requested anything from us. he thinks its because it was a trainee solicitor dealing with it. the claimants have n ow offered to postpone hearing with no costs. I am making an offer without prejudice and something 36 as there is little to defend if the claimant did slip or fall in a drain. cost more arguing over it.

See where that goes.

steveeasy