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Car accident

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  • Car accident

    Hi looking for advice. In 2016 some fool plowed into the back of me while I was stationary on the m1 in a large van! Said fool was on his mobile. It caused some pretty bad back, neck issues had to take a month off work(self employed) and subsequently I have beee diagnosed with fibromyalgia.
    my issue is my solicitors (through my motor insurance) have been nothing but absolutely terrible. I’ve had around four different individuals deal with my case in that time, most taking months to respond to me (if at all) and all have lost several pieces of information like receipts for tools, invoices to prove not working etc etc. still to date I’m waiting for a judge to sit and see the case (November) I have complained but was just given a list of other solicitors to see. When I spoke to them they seemed to be reluctant as the case is so old and is scheduled for trial in November.

    The fibro diagnoses isn’t included in the claim because apparently it couldn’t be added after the medical stuff had been submitted.
    I’ve basically lost a months work, had to scale back on a large portion of my business and continue to pay for osteopath visits etc, I feel like the solicitor honestly doesn’t really care and just wants it off their books, I’ve asked for responses and asked to see what’s included in the court file but have literally been ignored! I don’t really feel like I’m being represented properly and they have been nothing but problems from the get go.

    Would there be an issue why they wouldn’t give me the file!? Could I go to court on the day and make a statement about all the things the judge hasn’t been presented with (fibro/physio/ongoing treatment etc) can I ask for another solictor to look at the file?
    Can I somehow get the fibro diagnoses included it’s been identified that the accident was the cause both by a private doctor and the nhs.
    Sorry for all the questions, honestly I’ve been at a loss as to what todo and had almost written off doing anything as it’s been so long just thought about leaving it but I honestly I feel I’m likely to be ill represented. Any help would be really appreciated. Thank you
    Tags: None

  • #2
    Hi
    Welcome to LB
    A few questions:
    When did you start your claim?
    How much is it for and what track has it been allocated to?
    Is your solicitor employed on a no win no fee basis?

    Co-op legal services list fibromyalgia as a serious injury and offer free legal advice and may take on a serious injury claim on a no win no fee basis.

    The Co-op may advise that your solicitor should make an urgent N244 application for the court to adjourn the hearing under cpr 3.1(2)(b) Court's General Powers of Management:
    The claimant has recently developed an ongoing serious illness caused by the RTA and requires more time to reassess his (or her) financial loss

    My advice is not to just turn up at the trial and inform the court your claim is out of date

    Comment


    • #3
      Ok, thank you so much for the response! I thought I may of done something incorrectly as didn’t seem to be garnering much response.ill try and answer the best I can, I hope this enough or the correct information.

      I believe the claim would of started in 2016 directly after the accident, my solicitors lost so much stuff and it’s been passed to so many different people that I literally spent years handing over the same information to different people, so that’s possibly why no progress has been made.
      It’s stage 3 hearing due to be held on 5 November.
      it’s around £12k I believe but the other party is disputing loss of earnings. So the only claim/injury’s included in the accident is whiplash sustained and loss of earnings.

      the solicitors was Autonet law but recently was bought out or took over by PM law. I’m really not sure if they are no win no fee as it’s all been dealt with by by insurer at the time (Autonet)
      is that all the info you would require?

      so do you just mean co-op as in the shop!? Sorry if that sounds dim?? I shall give them a call. Thank you so much.

      Comment


      • #4
        Thanks for the information
        Co-op are more than just a shop. co-oplegalservices.co.uk
        I've no idea how much an accident victim can claim for fibromyalgia
        Forum readers would be interested to know what advice the co-op gives you regarding your present claim and how much they think you can now claim
        It sounds as if the legal costs after all this time are going to far exceed the amount of your present claim

        Comment


        • #5
          You state in post 1 "...... my solicitors (through my motor insurance)......"
          Were the solicitors appointed because you had "Legal Expenses Insurance" extension to your policy?

          If so you might find this link useful "https://www.financial-ombudsman.org.uk/businesses/complaints-deal/insurance/legal-expenses-insurance"

          Comment


          • #6
            Hi, I just wanted to update this. So I spoke to Co-op they were not taking any new cases, no idea why. They did give me some advice, but was what other company’s had said throughout the years! Which was because the case was so old many firms would not want to take over as they would unlikely recover costs. Fortunately I have found a company that specialises in fibro claims. Thank you everyone for the help it’s appreciated.
            apologies again for such a delay in the update, but thank you for the advise.
            Hope you all have a good Christmas.

            Comment

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