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    Advice Needed - Anybody with any knowledge of car insurance claims / court proceedings / judgements ?

    It's a bit long I know lol...........

    I was hit by some idiot pulling out from a sideroad without looking in September of last year.

    Insurance repaired my car at a cost of £3000 and I paid my excess.

    I suffered some (genuine) whiplash and a personal injury claim was being dealt with by my insurers (axa) who referred the claim to co-operative legal services. Medical reports etc were done and I let them know when I had fully recovered etc.

    Fault was found to lie with the third party and I got my excess back last month.

    Now the thing is when taking the matter to court here is what they claimed in full and final settlement:

    £3000 for the repair of the vehicle
    £350 uninsured loss(excess)
    £400 solicitors/court fees etc

    Total judgement granted of around £3650


    Co-operative legal services have written to me to say:

    "This judgment has finalised your entire claim and we are unable now to make a recovery from the third party insurers regarding your injury.

    Our advice to you is to contact your insurers and tell them they have prejudiced the claim"

    I have spoken to the insurance and they put me through to their solicitors who said they are not quite sure of what action can be taken but no further payments will be made by the third party insurer as the judgement was for full and final settlement.

    After trying to fob me off they say they will call me back on Tuesday after making some calls and looking into the file.

    Anyone know what sort of outcome I can expect or what action I should take now? They basically tried to say I won't get an injury claim and there's nothing further they can do.

    11 Comments

    try 1 of them no win no fee numbers :thumbsup:

    Contact your solicitor, they should be able to sort it.

    Banned

    Full and final settlement was surely for the car.... and if they have agreed to settle without taking into account your injuries - sue THEM.

    You can now take a private prosecution out against the third party or your own insurer.

    Original Poster

    guv;5292364

    Full and final settlement was surely for the car.... and if they have … Full and final settlement was surely for the car.... and if they have agreed to settle without taking into account your injuries - sue THEM.



    Yes, that's what I was thinking. I have the letters of correspondence etc from their medical people but it seems they "forgot" to include the injury claim:?

    Syzable;5292376

    You can now take a private prosecution out against the third party or … You can now take a private prosecution out against the third party or your own insurer.



    +1


    SUE THEIR ASSES!!!

    You really need to go back to your solicitor. Did the solicitor forgot to claim for injury in addition to
    £3000 for the repair of the vehicle
    £350 uninsured loss(excess)
    £400 solicitors/court fees?

    Ask the solicitor for the full details of the claim submitted to the court. They should have claimed for injuries, pain you have suffered, sickness. If they forgot to claim for injury, sue the solicitor for negligence because they have not represented you sufficiently.

    Original Poster

    runningstream;5292551

    You really need to go back to your solicitor. Did the solicitor forgot … You really need to go back to your solicitor. Did the solicitor forgot to claim for injury in addition to £3000 for the repair of the vehicle£350 uninsured loss(excess)£400 solicitors/court fees?Ask the solicitor for the full details of the claim submitted to the court. They should have claimed for injuries, pain you have suffered, sickness. If they forgot to claim for injury, sue the solicitor for negligence because they have not represented you sufficiently.



    Yes, I have a copy of the claim submitted to the court. There is no mention of any injury, the solicitors say they have no record of me having any injury:?

    I would check if it's an interim payment first.

    Not many car cases make it to court you usually get a part 36 offer which would be in "full and final settlement" and you would need to sign to accept, a personal injury claim CANNOT bypass a part 36 offer, it's part of the CPR personal injury pre-action protocol"

    So I would say somewhere along the line somebody has made a pretty big error and I would pull them up on it.

    I'm not a litigation expert but they do drill part 36 / personal injury and pre-action protocol in to you when I did my LPC

    DO NOT USE A NO WIN NO FEE solicitor as you give them power of attorney to settle for anything over X, that's how they operate, which is usually ludicrously low, then they will take a "win fee" plus any "dispersements", so you'll get squat

    Original Poster

    Big thanks to all who have replied so far, some good advice.
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