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Hi, I have a question for knowledgeable people here but first a brief history;
I was driving home one night in dec 2010 in temp of -6 on a particularly icy road on a dual cariageway. A vehicle that had been involved in a earlier accident was stopped in the fast lane. I entered into the scene of this accident at about 10-15mph, following three other vehicles seperated by 50-100m, when one of the vehicles involved in the earlier accident pulled forward and then directly accross the road in front of me. This was on a road surface that was sheet ice, the vehicle stopped perpendicular to the kerb as it attempted to mount the kerb but was unable to do so due to the ice. I was powerless to avoid a collision and my vehicle was an economic write off.
Having been led to believe by my no win no fee lawyers that I had a clear case and liability was entirely with the third party the advice on liability suggests a court would find me 50% liable and I have been advised by my lawyers to make a 70/30% offer (that is I am 30% liable)
The third party's claim to their insurance states that my accident was part of the earlier accident and happened at the same time but their witness statetment to the court is that my accident and the earlier accident were seperate events. The third party states that they made three observations before moving their vehicle but did not see my vehicle (even though I was there to be seen), the advice on liability concludes they did not look before moving.
If the third party accepted liability I would receive compensation for a neck injury, be reimbursed my out of pocket expenses and my insurance would refund me £1500 in policy excess and loss of no-claims discount.
But if the 70/30% offer is accepted I will only get 70% of the injury compensation and out of pocket expenses, the claim will however remain on my insurance (everything else is incidental, it is the liability I am fighting for)
Any thoughts or suggestions would be greatly appreciated but the question I want to ask is:
Is it too late to change the law firm handling this case for me to one that more eagerly represents my best interest rather than their own? As already mention 70/30% offer made and court date (if it gets that far) 29Jan13.
I was driving home one night in dec 2010 in temp of -6 on a particularly icy road on a dual cariageway. A vehicle that had been involved in a earlier accident was stopped in the fast lane. I entered into the scene of this accident at about 10-15mph, following three other vehicles seperated by 50-100m, when one of the vehicles involved in the earlier accident pulled forward and then directly accross the road in front of me. This was on a road surface that was sheet ice, the vehicle stopped perpendicular to the kerb as it attempted to mount the kerb but was unable to do so due to the ice. I was powerless to avoid a collision and my vehicle was an economic write off.
Having been led to believe by my no win no fee lawyers that I had a clear case and liability was entirely with the third party the advice on liability suggests a court would find me 50% liable and I have been advised by my lawyers to make a 70/30% offer (that is I am 30% liable)
The third party's claim to their insurance states that my accident was part of the earlier accident and happened at the same time but their witness statetment to the court is that my accident and the earlier accident were seperate events. The third party states that they made three observations before moving their vehicle but did not see my vehicle (even though I was there to be seen), the advice on liability concludes they did not look before moving.
If the third party accepted liability I would receive compensation for a neck injury, be reimbursed my out of pocket expenses and my insurance would refund me £1500 in policy excess and loss of no-claims discount.
But if the 70/30% offer is accepted I will only get 70% of the injury compensation and out of pocket expenses, the claim will however remain on my insurance (everything else is incidental, it is the liability I am fighting for)
Any thoughts or suggestions would be greatly appreciated but the question I want to ask is:
Is it too late to change the law firm handling this case for me to one that more eagerly represents my best interest rather than their own? As already mention 70/30% offer made and court date (if it gets that far) 29Jan13.
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