Thank you. I consider that if I do take the issue to court on my own back, my gain must be worth more than the zero they have offered to date for my injuries. Apparently, because they have failed to negotiate I should be able to claim back the court fees and the medico report that they are insisting upon.
What's fair compensation?
- Thread starter Marli
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Thank you. I consider that if I do take the issue to court on my own back, my gain must be worth more than the zero they have offered to date for my injuries. Apparently, because they have failed to negotiate I should be able to claim back the court fees and the medico report that they are insisting upon.
Yes, I'm sorry I didn't study for the law now.
But as we have said - you don't need to go no win no fee as you already have liability settled.
That's why I'll think I should just take the case to court myself so that the judge can decide what is fair and reasonable compensation.
vickster
Legendary Member
The judge will just look at case law and precedent
classic33
Leg End Member
Going on what you've said already,
No receipt for the bike
Similar for the some of the items bought
No proof that it will cost 325GDP? or less to repair.
Were you seen by a doctor after the incident?
I'd say there's a chance that should you take it to court, that costs may not be awarded because procedure hasn't been followed. Each side pays their own. Go through the system in place and you'll not be facing this possibility.
Whilst the evidence required for a small claims court may be less than for higher court, you will be required to produce that evidence. This will include all communication sent, either they sent you or you sent to them. If you used the phone, you'll need times, dates and names. e-mail, copies of those.
You'll be representing yourself against someone trained in the system and familiar with it. Read back through both threads, and see how much of a disadvantage you're at already.
You were given a link by Arjimlad, my advice is to use it.
mattobrien
Guru
- Location
- Sunny Suffolk
They changed their mind - they paid the price for a new bike, once they learned I was representing myself (although why that should make any difference I don't know).
The claim now is for personal injury. The liability is accepted. It's really just trying to establish what is fair and reasonable. What I do need is a medico legal report, but I'm presuming that this can be claimed back from the insurer as they are the ones wanting it.
Yes, they have formally accepted fault. Difficult not to, as the driver had done it on their behalf in front of a witness.
classic33
Leg End Member
Check with them, before doing anything.
Also check what they want you to do with the damaged bike.
Bazzer
Setting the controls for the heart of the sun.
- Location
- On the edge of reality
Are you aware of the judgments, that is the level of compensation for personal injury, which have previously made in cases previously heard by the Courts?
Some years ago I was T boned by a negligent driver and compared to some on here, got off lightly. When it came to the personal injury aspect of the claim, (NB this was after examination by an independent assessor) and the other side's insurer made an offer, my solicitor, who was engaged through my house insurance, provided me with details of amounts awarded by the Courts. That allowed me to consider the offer made and whether it was reasonable. - Which it wasn't. They had lowballed me by around £8k.
So unless you are well versed in the cases which have been heard by the Courts, I would echo what has been said numerous times on here and speak with a solicitor.
I'll see. I think for low value cases, where liability has already been established, a solicitor can work against you. Their goal is to spend as little time as possible on the case. Reading the T&Cs of a couple of the solicitors, they can force you to accept an amount that you perhaps do not find acceptable. Their time is valuable. Going to court is not what they want; they are limited to what costs they can recover, which is why they take 25-40% of your damages. I can see their value in cases where the amount is large/liability has not been accepted/it is complicated.
In my original post I was trying to see what compensation other people had received for what kind of injuries. I guess, at the end of the day, it's what you feel is acceptable. I find it hard to believe that the court would order to award me nothing at all (my GP records and photos are my proof), which is where I am at the moment. I'm guessing a medico legal report is required regardless of whether you are represented by a solicitor or yourself. I also wanted to see if anybody had used the MOJ portal to make a claim and how they'd found that process.
I have three years to start formal proceedings, so no rush, but I think the more knowledge I have, the better and other peoples' experiences are always helpful.
Bazzer
Setting the controls for the heart of the sun.
- Location
- On the edge of reality
A few points to your response:
The compensation those on here have received will vary enormously, because the injuries, outcomes and long/longer term impacts we have had, will vary from person to person. For the example, psychological or if a person has a physically demanding job. That is the point of an independent medical examination. It provides a reference point for those involved in the claim. "Ulna nerve damage" delivered by a non medical professional can mean a variety of things to non medical professionals.
Secondly, what you feel is acceptable is not necessarily agreed by the other side. Equally, the other side will be looking to see what they can get away with.
Thirdly, I wouldn't rely upon the three year time limit for commencing proceedings; at least for getting your own house in order, i.e. an independent medical.
Fourthly, don't be under any illusion that if you f*** up at any stage, chances are the other side will be all over it like a rash, or use it against you at a later stage.
Hence the numerous suggestions for getting professional advice.
