Is my solicitor taking the wee-wee?

[Two-Wheels]

3.5 years on since my accident & it's still not finalised. It's the only accident I've ever been in so I have nothing to compare it to.

The third party admitted liability instantly, so that wasn't a hold up.

It took nearly 3 years to even start talking about any actual £figures. When they came in I knew the other side would try keep costs down but they were absolutely taking the piddle & then some.

My solicitor told me my accident is within a category which has a price range (I wanted to go £1k over the price range with good reason but they said I couldn't - and referred to the category my accident is grouped in). The other team then came in at about 25% of the lowest number in this category. My solicitor seems to have now dropped to the lowest number (a drop of £2k) where the other team have only brought their figure up ....... £300.

Then there's loss of earnings. A good few thousands out. I thought this one would be the black & white can't argue one so was surprised when they weren't even close.
I put forward my argument as to why they're a million miles off & told my solicitor that I'd rather it go to a judge & me get what the other team is offering (or less - didn't say that bit though) than accept what they're offering.

I'm not coming from the POV of I want [this amount] because I plucked the number out of the sky. I feel I've sound reasoning behind the figures I'm asking for such as -

my wages - fairly black & white. I earn basically the same each year so to make up the difference & get somewhere reasonable close. Not be £thousands short.
injury - if the lowest in this so called category is [x amount] then getting somewhere near the lowest figure, not being at about 25% of it. I don't expect the top figure but somewhere NEAR the low figure would be fine.

I'd hate to think how things would be dragged out if the third party had argued the toss as to liability.

 

[Venod]

3.5 years on since my accident & it's still not finalised. It's the only accident I've ever been in so I have nothing to compare it to.

The third party admitted liability instantly, so that wasn't a hold up.

It took nearly 3 years to even start talking about any actual £figures. When they came in I knew the other side would try keep costs down but they were absolutely taking the piddle & then some.

My solicitor told me my accident is within a category which has a price range (I wanted to go £1k over the price range with good reason but they said I couldn't - and referred to the category my accident is grouped in). The other team then came in at about 25% of the lowest number in this category. My solicitor seems to have now dropped to the lowest number (a drop of £2k) where the other team have only brought their figure up ....... £300.

Then there's loss of earnings. A good few thousands out. I thought this one would be the black & white can't argue one so was surprised when they weren't even close.
I put forward my argument as to why they're a million miles off & told my solicitor that I'd rather it go to a judge & me get what the other team is offering (or less - didn't say that bit though) than accept what they're offering.

I'm not coming from the POV of I want [this amount] because I plucked the number out of the sky. I feel I've sound reasoning behind the figures I'm asking for such as -

my wages - fairly black & white. I earn basically the same each year so to make up the difference & get somewhere reasonable close. Not be £thousands short.
injury - if the lowest in this so called category is [x amount] then getting somewhere near the lowest figure, not being at about 25% of it. I don't expect the top figure but somewhere NEAR the low figure would be fine.

I'd hate to think how things would be dragged out if the third party had argued the toss as to liability.

Sorry to hear about the problems you are having with your solicitors and the reluctance of the other party to increase the offer, I can offer no guidance on how to proceed and what I am about to say will not help you at all.
My situation is worrying because it is proceeding rapidly, I was knocked off on the 20th of August, 4 nights in hospital, fractured skull and nose and various cuts and bruises, I used Cycling UKs legal service and put in I claim, they informed me the driver said it was my fault so they needed more evidence, I had my Garmin emergency alert and my Garmin GPS track, which contradicted the drivers version of events, I also put out a Facebook appeal for witnesses and duly got a reply from someone who was coming the other way who saw what happened, the gave me their number, which I forwarded to my solicitor, last week I got an offer that is perfectly acceptable to me, what surprised me was the size of this first offer, I expected a low offer as I have a low opinion of insurance companies.
I won't be happy until I have the cash in my bank account and keep expecting something to go wrong.

 

[Drago]

Use the MCOL service to claim for your material losses such as damaged or destroyed bicycles, clothing, accessories, faberge eggs, etc. The injury claim can drag on forever andnin the mean time you need those items replaced.

 

[Shortfall]

Hard to give advice without knowing the specifics of your case so all I would say is that insurance companies hate going to court and will often push it right to the day and then make an offer and settle on the steps outside. If you are confident of your case I'd be inclined to tough it out until they up their offer significantly. The fact that your lawyer isn't suggesting this makes me suspect he's not as confident as you are though.

 

[raleighnut]

Most lawyers/solicitors are useless.................Have a listen to the Al Stewart song 'Licence To Steal'

 

[Drago]

Most lawyers/solicitors are useless.................Have a listen to the Al Stewart song 'Licence To Steal'

Id agree. Certainly most of the criminal lawyers I encountered thought they were far cleverer than they really were.

 

[Bonefish Blues]

Id agree. Certainly most of the criminal lawyers I encountered thought they were far cleverer than they really were.

They only need to be cleverer than their clients and that's a very low bar, by and large.

 

[fossyant]

My claim took four years, but breaking your spine is significant. To get to a 'settlement' I had to accept a 10% liability - I was fed up with the process by then so accepted. The main thing was I did get back my 'employers salary costs' whilst I was off sick for 7 months - so loss of earnings must be paid for. Claims for injury can vary massively on the scale - and even off it. Depends upon how much it's affected you. Mine was a lot lower than the range, but I recovered well.

Slight damage to the bike and kit was covered.

What injuries did you sustain, and how are you now ?

 

[vickster]

Just say you're prepared to go to court (I believe for injury it needs to be booked in within 3 years?)
Is the solicitor through Cycling UK or British Cycling or a no win no fee firm you engaged yourself?
My understanding is that the ranges are set by case law precedent and then determined by medical reports, your employer with regard to earnings (minus any sick pay from them, SSP etc) and so on. Say you want to discuss everything with the solicitor's senior partner if they aren't the top dog in the firm

 

[classic33]

I was waiting over three years before the owner even named the driver, allowing for things to move forward.

The other side may have admitted it was their fault to you at the roadside, their insurance may well have said they weren't fully liable once they got hold of the details. From the start I was in it for the long run, never expecting things to be dealt with fast. Seems to be the way now though.

 

[MontyVeda]

One of my nieces has been waiting over 3 years for a personal injury pay-out. The other party admitted liability but their insurance company is offering in the low end of the compensation scale whilst my niece's solicitor (AKA injury claims company) keeps rejecting the offers, arguing for the maximum pay-out. Apparently it's all going to finalise before Xmas but I've heard that before.

 

[Jameshow]

3.5 years on since my accident & it's still not finalised. It's the only accident I've ever been in so I have nothing to compare it to.

The third party admitted liability instantly, so that wasn't a hold up.

It took nearly 3 years to even start talking about any actual £figures. When they came in I knew the other side would try keep costs down but they were absolutely taking the piddle & then some.

My solicitor told me my accident is within a category which has a price range (I wanted to go £1k over the price range with good reason but they said I couldn't - and referred to the category my accident is grouped in). The other team then came in at about 25% of the lowest number in this category. My solicitor seems to have now dropped to the lowest number (a drop of £2k) where the other team have only brought their figure up ....... £300.

Then there's loss of earnings. A good few thousands out. I thought this one would be the black & white can't argue one so was surprised when they weren't even close.
I put forward my argument as to why they're a million miles off & told my solicitor that I'd rather it go to a judge & me get what the other team is offering (or less - didn't say that bit though) than accept what they're offering.

I'm not coming from the POV of I want [this amount] because I plucked the number out of the sky. I feel I've sound reasoning behind the figures I'm asking for such as -

my wages - fairly black & white. I earn basically the same each year so to make up the difference & get somewhere reasonable close. Not be £thousands short.
injury - if the lowest in this so called category is [x amount] then getting somewhere near the lowest figure, not being at about 25% of it. I don't expect the top figure but somewhere NEAR the low figure would be fine.

I'd hate to think how things would be dragged out if the third party had argued the toss as to liability.

I don't get solicitors, they don't understand thier role tbh. They are supposed to solicit information to present to the other side or to a barrister!

In my dealings I've often found the material which I have submitted to my solicitor largely ignored, the the result of which means that the outcome to me and my children has been greatly disadvantaged.

One barrister decided to attack the cafcass worker (who it turns out was dyslexic) bringing her to tears and having the case adjourned and giving the ex more time to polish her case deprived the kids of a summer holiday with me and further alienate the kids and derail the case!

 

[fossyant]

If I got anywhere in the range they quoted for my spinal injury, I'd be retired and riding bikes in the sun. It's a bit a load of rubbish. I'm still riding bikes, but to work and in the rain ! Glad I can walk TBH.

 

[CentralCommuter]

I’m a bit inexperienced when it comes to such things. What kind of figures are we talking? Broken leg/wrecked bike circa £3000? Let’s start chucking some (largely made up) average figures about

 

[HLaB]

3.5 years on since my accident & it's still not finalised. It's the only accident I've ever been in so I have nothing to compare it to.

The third party admitted liability instantly, so that wasn't a hold up.

It took nearly 3 years to even start talking about any actual £figures. When they came in I knew the other side would try keep costs down but they were absolutely taking the piddle & then some.

My solicitor told me my accident is within a category which has a price range (I wanted to go £1k over the price range with good reason but they said I couldn't - and referred to the category my accident is grouped in). The other team then came in at about 25% of the lowest number in this category. My solicitor seems to have now dropped to the lowest number (a drop of £2k) where the other team have only brought their figure up ....... £300.

Then there's loss of earnings. A good few thousands out. I thought this one would be the black & white can't argue one so was surprised when they weren't even close.
I put forward my argument as to why they're a million miles off & told my solicitor that I'd rather it go to a judge & me get what the other team is offering (or less - didn't say that bit though) than accept what they're offering.

I'm not coming from the POV of I want [this amount] because I plucked the number out of the sky. I feel I've sound reasoning behind the figures I'm asking for such as -

my wages - fairly black & white. I earn basically the same each year so to make up the difference & get somewhere reasonable close. Not be £thousands short.
injury - if the lowest in this so called category is [x amount] then getting somewhere near the lowest figure, not being at about 25% of it. I don't expect the top figure but somewhere NEAR the low figure would be fine.

I'd hate to think how things would be dragged out if the third party had argued the toss as to liability.

I can only go off my own experience 12 years ago. I cycled from Peterborough to a party in North London. I arrived early, so I cycled slowly round the block. I spotted a supermarket access in the middle of a queue of car. Someone will fly in there I thought, so I slowed to a crawl. Sure enough after I'd been in the gap circa 3-4secs they came flying through and in doing so ripped front wheel out, folding it in two and catapulting it 30 or 40ft away. I cycled about 100miles back to Peterborough the next day with a borrowed wheel which probably tells you how 'lucky' I was!
At first they tried denying it even happened when my lawyer contacted theirs but the police report, witnesses and ambulance call (fortunately I was released after a check over) said otherwise.
It was then slow for about 10months, until my lawyer sent me for a medical. Me being me I was too honest an told him the whole story and said it was no more than bruising which hadn't stopped me going to the party or cycling a ton next day. However, he spun it a £1,500 pay-out was in my account within a week.