Accident & claims - what happens when you can't agree?

[Two-Wheels]

Summary - I got walloped by a car, they admitted fault immediately. 3 years later we're finally talking figures.
I've had the other guys insurance come with their second offer and I'm thinking that they're just taking the pee-pee a bit.

Apparently my injury is put in a category where its valued between A & B. My solicitor asked for C (a bit above the max). Their insurance offered a fraction of the A-B category. We declined, obviously.
Second offer comes in - they're still not even offering near the halfway point & my solicitor is wanting to offer halfway between A-B. As I see it, they're (my solicitor & their insurance) are just so far apart that to come to an agreement will surely end up being WAY under the base figure (A) for this category.

And then there's my pay, my wages. They're disputing this also (I'm not salary so it's not so simple to calculate). I'm now going to have to sit down & form an argument with evidence to support my claim because on wages my solicitor thinks I should consider accepting their offer which really surprised me because it should be such a black & white valuation unlike injury.

So yeah, my solicitor has already mentioned the possibility of "going to a judge".

I'm just wondering what this involves? As it stands, if we agree a figure then my solicitor takes a flat fee from my winnings & then gets the rest of their fee from the guys insurance.
If it goes to a judge does court costs then start coming out of MY pocket? So say this insurance company is offering me a total of £10k. Say the judge decides £11k. Could I end up with less money in my pocket even though my winnings were greater .... just because of court costs?
And we're currently going back & forth trying to agree a figure. Is the judges decision final I assume? Once the judge gives a figure that's the total end of it all? No dissputes, no appeals?

 

[tyred]

I really don't know but am currently in a similar situation myself after almost four years. The insurance company made one offer in October, which was pathetic and would barely have covered my expenses.

I had quite a serious ankle injury but the insurance company tried to downgrade it and also claim my negligence as I wasn't wearing a helmet! I probably recovered too well and too quickly from my injury. The surgeon originally told me it could take years, but I was very fit and strong.

The insurance company are now not responding so my solicitor says it will likely end up in court.

I can't offer you any helpful advice but wish you well and hope you get a satisfactory outcome. I personally have found dealing with the aftermath of all this more stressful than the injury itself and will be very pleased to see it concluded.

 

[classic33]

There's the chance that you could go to court and end up being awarded less than is currently being offered. And as you say once it's been decided on in court, that's it.

The other side might be playing for time, and playing on your fears, as you're close to this three year limit.

There's a three year limit on taking the case to court, and possibly they know that. For more accurate information, speak with your solicitor. I'm not legally qualified, just qualified through having gone what you're going through. Including getting close to going to court. The other side decided to settle out of court, having said it would now be decided in court.

 

[Drago]

Summary - I got walloped by a car, they admitted fault immediately. 3 years later we're finally talking figures.
I've had the other guys insurance come with their second offer and I'm thinking that they're just taking the pee-pee a bit.

Apparently my injury is put in a category where its valued between A & B. My solicitor asked for C (a bit above the max). Their insurance offered a fraction of the A-B category. We declined, obviously.
Second offer comes in - they're still not even offering near the halfway point & my solicitor is wanting to offer halfway between A-B. As I see it, they're (my solicitor & their insurance) are just so far apart that to come to an agreement will surely end up being WAY under the base figure (A) for this category.

And then there's my pay, my wages. They're disputing this also (I'm not salary so it's not so simple to calculate). I'm now going to have to sit down & form an argument with evidence to support my claim because on wages my solicitor thinks I should consider accepting their offer which really surprised me because it should be such a black & white valuation unlike injury.

So yeah, my solicitor has already mentioned the possibility of "going to a judge".

I'm just wondering what this involves? As it stands, if we agree a figure then my solicitor takes a flat fee from my winnings & then gets the rest of their fee from the guys insurance.
If it goes to a judge does court costs then start coming out of MY pocket? So say this insurance company is offering me a total of £10k. Say the judge decides £11k. Could I end up with less money in my pocket even though my winnings were greater .... just because of court costs?
And we're currently going back & forth trying to agree a figure. Is the judges decision final I assume? Once the judge gives a figure that's the total end of it all? No dissputes, no appeals?

Perhaps these are questions your (presumably qualifed) solicitor should be answering for you, particularly if he's the one using the threat of court in a game of brinksmanship.

 

[Two-Wheels]

Thanks for the responses.

Regards I should ask my solicitor...
I have.
And from that I can only imagine we had completely different solicitors because mine gets back to me ... at some point. When that point is, who knows. Could be prompt, could be weeks or a month or whatever. So I figured in the meantime I would reach out here as I gambled that at least one person reading this will likely have had a similar experience.

Will I take the response as legal advice? No, that's what my solicitor is for. At the same time though, I gambled that others are probably not going to feed me intentionally bogus info & will likely be happy to talk about their own experiences & I can use that to get some kind of idea of what may lay ahead .... while I wait on my solicitors response.

@classic33 - thanks, I wasn't aware that there was a limit at all. Makes me wonder which side has dragged it out so long for such a 'clear' (instantly admitting liability) case. I guess what held it up was the length of time on SSP but even still. As luck would have it, I'm not desperate for the money. I'd just like it finalised.

I was giving a family member an update on my situation so checked the figures. Their insurance upped their injury valuation by ......... £250. They're still almost £4k short of the baseline of the 'category' that my injury falls in. My solicitor is talking about pitching £1.5k less than their opening pitch. I fully expected the other side to go low but not that low. For a level playing field my solicitor should've gone about £7k above the category ceiling with their opening pitch. I requested £2k with sound (to me) reasoning, they went £1k above.

I could be wrong but I can't see a judge offering less than these jokers. My only concern is what extra comes out of my pocket if it goes to court because as it stands I only lose a small flat fee to my solicitor. Say I win £20k I get pretty much £20k. I only lose a couple £100 for fees. I've

 

[classic33]

I just wanted to make it clear that I'm not legally qualified, and not risk you losing anything by taking what I'd put as "the law".
I learnt the hard way, like yourself.

What extra you may or may not loose should it go to court is between you and those acting on your behalf.
This post was done because of this type of post.
https://www.cyclechat.net/threads/accident-advice.226114/

Always the same people answering requests for advice/help.

 

[roubaixtuesday]

AIUI they pay costs *unless* you go to court and get awarded less than you were previously offered.

But as others have said, this is advice that should come from your solicitor, not from keyboard warriors here.