Collision compensation, frustrating, but is this normal?

Sara_H

Guru
As described in other threads I was deliberately knocked off bike by an insured hit and run driver in July.

He initially refused any liability (in fact I believe he just didn't communicate with insurance company at all). Much to everyone's surprise he pleaded guilty to AOABH and dangerous driving and was sentenced to two years in prison.

At this point his insurance company accepted liability and agreed to pay an interim payment for repairs and other damages, and my solicitor started to make arrangements for starting to negotiate my personal injury claim.

I signed the documents to agree to the interim payment in November, but have still not received the payment. I have had to pay almost £300 to repair bike myself. I've asked my solicitor to chase this up numerous times. Last time I asked she said she'd request the payment again and that the insurance company had 14 days to reply. I emailed her again 10 days ago and she has not responded.

With regard to my personal injury claim, I went to see a "medical expert" in November arranged by my solicitor. His report when it arrived in December was appalling. He got it completely wrong, referred to the assault on myself as "an accident" 37 times and completely glossed over the psychological impact of what had happened to me.

In fairness to the solicitor, I spent too long mulling over the medical report (although I did tell her straight away that I was not happy with it and didn't consent o it being used) and I only sent in my full comments about it 10 days ago.

In short, I'm really not very happy with the solicitor. They're dealing with my case as though it was an accidental collision and I can't really understand why it has taken so long for the agreed interim payment to arrive. The solicitor I made contact with via my CTC cover, and they seem to have very good reviews.

What should I do next folks?
 

Drago

Guest
Put them on written notice, X days to settle the claim to your satisfaction of you'll escalate the matter to the small claims court. Print off the forms and enclose a copy in the letter so they know you're serious. He was convicted months ago, so you want your compo pronto, plus interest at bank rates from the date of conviction.
 

classic33

Forum God
Consider reporting them to the Law Society, the body that oversees the legal profession.
They'll be offered the chance to correct their "mistake" & you'll have the chance to move to a new solicitor.
The "medical expert" will have only been given a brief outline of what happened, so as to make any opinion/advice impartial.

First step though should be to contact the company, not the solicitor, involved. Give them a chance to correct the errors. You'll be unable to correct the medical report though.
 
OP
OP
Sara_H

Sara_H

Guru
Consider reporting them to the Law Society, the body that oversees the legal profession.
They'll be offered the chance to correct their "mistake" & you'll have the chance to move to a new solicitor.
The "medical expert" will have only been given a brief outline of what happened, so as to make any opinion/advice impartial.

First step though should be to contact the company, not the solicitor, involved. Give them a chance to correct the errors. You'll be unable to correct the medical report though.
I've said they need to organise another medical report as the first one was so poor. I discussed at length with the doctor the circumstances of what happened, descibed the terror, screaming for help in the street, hysterics in the ambulance, being too afaid to go out alone for about a month, increasing the security at home, and many other instances of how the incident has impacted me and he made no reference to it at all.
He's said that I was moderately shaken on the day and this had improved after a day!!!!!!!
 

classic33

Forum God
Similar problem with the "medical expert" & his report. When I mentioned it the company involved moved quickly to try and prevent me doing anything about it.
If you're not happy with it, or the way the solicitor is dealing with it(I'm assuming they are still working for the company at this point) ask to speak, in person, with a senior member of the company. Give them a chance to sort it out. Something you'd have to do anyway, should you contact the Law Society.
 

Turbo Rider

Just can't reMember
I'd agree completely with cutting out the middle man and treating the solicitor as a facilitator rather than a bounty hunter. Never had to go through this sort of thing, but the couple of times I've had to rely on a solicitor, I've found it most expedient to go direct to source, at the same time as making a complaint.
 
Looks like your solicitor is "over servicing" OP. Best is to deal with the insurance company. Only get legal help if its going to court. Very badly handled when you consider that chap pleaded guilty, sent to prison and the Insurance company accepted liability.
 

fossyant

Ride It Like You Stole It!
Location
South Manchester
Are these CTC's solicitors ?

Leigh Day who act for British Cycling are incredibly swift. That said my claim took 4 years to settle due to injuries taking a significant amount of time. I did get bike repairs paid within 6 weeks of the accident and an interim payment about 6 months later for physio costs (spent nearly £2k on physio).
 
OP
OP
Sara_H

Sara_H

Guru
Are these CTC's solicitors ?

Leigh Day who act for British Cycling are incredibly swift. That said my claim took 4 years to settle due to injuries taking a significant amount of time. I did get bike repairs paid within 6 weeks of the accident and an interim payment about 6 months later for physio costs (spent nearly £2k on physio).
Yes it is. I think what muddy's the water is that, by their own admission, they aren't used to dealing with deliberate hit and run's. My solicitor told me she'd never dealt with a case like mine.
My feeling is that they're completely underplaying the trauma caused by being a victim of quite a traumatic violent assault.
 

classic33

Forum God
Yes it is. I think what muddy's the water is that, by their own admission, they aren't used to dealing with deliberate hit and run's. My solicitor told me she'd never dealt with a case like mine.
My feeling is that they're completely underplaying the trauma caused by being a victim of quite a traumatic violent assault.
Any idea what your Dr's records and A&E records actually say about this?
Is the word accident used in them?
 
OP
OP
Sara_H

Sara_H

Guru
Any idea what your Dr's records and A&E records actually say about this?
Is the word accident used in them?
I'm not sure. As a health care professional myself I wouldn't be surprised if it was. Record writing is really poor from this point of view.
Heck, even my boss wrote traffic accident on my sickness form!
 

midlife

Guru
There is nothing wrong with using the term accident, I assume you are taking a civil action for the tort of negligence. Accidents are caused by negligence among other things. I assume you have also claimed from the cica.

I guess the report was written by an orthopaedic surgeon, they are not qualified to delve into your state of mind. If you want to go along that route then you need a report by a psychiatrist / clinical psychologist

Shaun
 

classic33

Forum God
I'm not sure. As a health care professional myself I wouldn't be surprised if it was. Record writing is really poor from this point of view.
Heck, even my boss wrote traffic accident on my sickness form!
Medical expert will have had a limited outline made available, so as to be able to offer an opinion.
This does not excuse the solicitor dragging their feet on the case though.
 
OP
OP
Sara_H

Sara_H

Guru
Medical expert will have had a limited outline made available, so as to be able to offer an opinion.
This does not excuse the solicitor dragging their feet on the case though.
But he discussed it with me personally, he was fully aware of all the details of what happened.
 
OP
OP
Sara_H

Sara_H

Guru
There is nothing wrong with using the term accident, I assume you are taking a civil action for the tort of negligence. Accidents are caused by negligence among other things. I assume you have also claimed from the cica.

I guess the report was written by an orthopaedic surgeon, they are not qualified to delve into your state of mind. If you want to go along that route then you need a report by a psychiatrist / clinical psychologist

Shaun
Of course there is something wrong with using the term accident - it wasn't in any way an accident, it was a completely deliberate assault. If someone hits you with a hammer you don't call that an accident.
 
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