Accident involving the police

[Lancashire74]

The solicitors appear to be suggesting a large element of contributory negligence. Can you show that the factual assumptions (which you have listed) are incorrect?

I suggest that you request an extremely urgent review.

Thank you for responding. The solicitors do seem to be suggesting a significant level of contributory negligence, but this appears to be based on factual assumptions that are incorrect.

We can show that these points are wrong for example, we were not pulling out from a side road, there was no dog causing a distraction, and the damage to the vehicle supports that the impact was to the side rather than us pulling out in front of them. However, the solicitors do not seem willing to engage with this and are not taking these points on board.

We have been asking for objective evidence such as telematics and incident data for some time, as we believe this is crucial, but this has not been obtained.

We also submitted a Subject Access Request to understand how decisions have been made, but they have only provided two medical reports and say that is their full response.

Following advice here, we emailed tonight requesting an urgent case review given the limitation deadline, but they have now responded to say they have closed the case.

At this point, it feels like we have completely run out of options. I have also looked at their reviews online, which are very poor, and it does make me question how this has been handled.

I’m sorry, I think I’ve just run out of steam with it all now.

[Lancashire74]

The solicitors appear to be suggesting a large element of contributory negligence. Can you show that the factual assumptions (which you have listed) are incorrect?

I suggest that you request an extremely urgent review.

Thank you for responding. The solicitors do seem to be suggesting a significant level of contributory negligence, but this appears to be based on factual assumptions that are incorrect.

We can show that these points are wrong for example, we were not pulling out from a side road, there was no dog causing a distraction, and the damage to the vehicle supports that the impact was to the side rather than us pulling out in front of them. However, the solicitors do not seem willing to engage with this and are not taking these points on board.

We have been asking for objective evidence such as telematics and incident data for some time, as we believe this is crucial, but this has not been obtained.

We also submitted a Subject Access Request to understand how decisions have been made, but they have only provided two medical reports and say that is their full response.

Following advice here, we emailed tonight requesting an urgent case review given the limitation deadline, but they have now responded to say they have closed the case.

At this point, it feels like we have completely run out of options. I have also looked at their reviews online, which are very poor, and it does make me question how this has been handled.

[echat11]

If you have sent SAR requests and the information isn't 'forthcoming', you can escalate to the ICO.

[atticus]

But the OP must not lose sight of the limitation period within which any claim must be issued at court. She has said it expires this month, so if there is any time left, it is not to be lost.

I remind her of the guides and handbooks in the resources thread - link in my signature.

[PallasAthena]

Sadly I fear the the OP has come here too late for advice. The accident occured in April 2023 and the three year period for bringing a claim started from the date of the accident.

We don't know which date in April the accident occurred but we are now already at April 19th and OP didn't come here until April 16th so the Limitation period may already have expired, and if not yet it will do so imminently.

In the circumstances it is not surprising that no other solicitors are willing to look at the case, presumably taking the view that they would not be able to do anything before the limitation period expired.

[Lancashire74]

If you have sent SAR requests and the information isn't 'forthcoming', you can escalate to the ICO.

Hi we have complained to the ICO they said depending on the investigation it may take up to a year.

[Lancashire74]

Sadly I fear the the OP has come here too late for advice. The accident occured in April 2023 and the three year period for bringing a claim started from the date of the accident.

We don't know which date in April the accident occurred but we are now already at April 19th and OP didn't come here until April 16th so the Limitation period may already have expired, and if not yet it will do so imminently.

In the circumstances it is not surprising that no other solicitors are willing to look at the case, presumably taking the view that they would not be able to do anything before the limitation period expired.

Hi the deadline is the 21st unfortunately. Yes you are totally right I did only post on here on the 16th April we were told by the solicitors they were going to do anything else on the 15th April they just haven't given us anytime to do anything. Every solicitor has told us the same which I totally understand they just wouldn't have time to look at the case.

[echat11]

Hi the deadline is the 21st unfortunately. Yes you are totally right I did only post on here on the 16th April we were told by the solicitors they were going to do anything else on the 15th April they just haven't given us anytime to do anything. Every solicitor has told us the same which I totally understand they just wouldn't have time to look at the case.

You could see if you can find a Direct Access Barrister on a Fixed Fee (do your research).

[Lancashire74]

You could see if you can find a Direct Access Barrister on a Fixed Fee (do your research).

Hi I will look into it. We spoke again to the solicitor and he said that the reason why they had dropped it is there was no point going up against the police. He said he knows the police have lied in there statements but there is nothing he can do about it.

[echat11]

Hi I will look into it. We spoke again to the solicitor and he said that the reason why they had dropped it is there was no point going up against the police. He said he knows the police have lied in there statements but there is nothing he can do about it.

Lodge a complaint against the police, with the force involved, then escalate.

They shouldn't be a law unto themselves. The solicitor makes the police sound like a criminal enterprise.

https://www.policeconduct.gov.uk/com...it-a-complaint

https://www.libertyhumanrights.org.u...st-the-police/

[PallasAthena]

The OP will need to obtain copies of the police statements before making a formal complaint that they contain lies.

I can't remember whether OP has already asked for these via SAR.

A complaint will need to to be specific about which statements are lies. The solicitor's comment is rather general and OP could ask the solicitor for specific examples.

[atticus]

The limitation period expires today!

[Lancashire74]

Lodge a complaint against the police, with the force involved, then escalate.

They shouldn't be a law unto themselves. The solicitor makes the police sound like a criminal enterprise.

https://www.policeconduct.gov.uk/com...it-a-complaint

https://www.libertyhumanrights.org.u...st-the-police/

Thank you we have already lodged a complaint with the force. I agree they shouldn't be a law unto themselves. When the sergeant arrived at the scene of the accident he said I was lucky to be alive with the impact. He said if I was in a car they would have killed me.

[Lancashire74]

The OP will need to obtain copies of the police statements before making a formal complaint that they contain lies.

I can't remember whether OP has already asked for these via SAR.

A complaint will need to to be specific about which statements are lies. The solicitor's comment is rather general and OP could ask the solicitor for specific examples.

The solicitor stated that we could not have pulled out of a side road as the police have stated as the impact would have been on the other side of the van. As for the large labradoodle we didn't have so so I have no idea what they are talking about. I have requested a SAR's we are just waiting for them to process it.

[Lancashire74]

The limitation period expires today!

Unfortunately yes it does and I think we have run out of time for it to be acted upon.