Advice needed!!!!

[wishy]

As most of you know I had a little car accident the week before this years Le Mans, but now I need some advice on what I shpuld do now.

On Monday this week I had some devastating news from the Thorasic Surgeon, stating that I am now not to do any lifting"for life",due to the internal injuries I incurred during the accident.

My solicitors have given me a couple of options and this is where I am now in a quandry as to what to do.

The first option is to wind up my business and find another job. Thats fine but how does the compenstation route work with this inasmuch as do I get my full entitlement of loss of earnings or would it be reduced because i'm working,As the recession is in full tilt what chance have I of getting a job anyway being a tad middle aged..If I went down the route of retraining would the third party insurers cough up while training/studying.

The other option is to carry on with an assistant doing all the heavy work for me, which sounds good but I am terrifed I might just get involved and do myself a mischief.

So any suggestions would be appreciated guys and gals.

Wishy

[termietermite]

I'm a bit surprised your solicitors haven't explained the implications of both those options - surely that's what they are for?  As I don't work any more and I'm governed by French law my case is rather different but to my mind you shouldn't do anything at the moment which might jeapordise any claim against them. 

Your age (sorry!), and the current economic climate are facts of life which affect your career but it's not anybody's fault you cannot work but the person's who caused the accident so they should pay for any difference between what you earned before and what you can earn now.  Thus, to my mind (I'm no solicitor of course but you should be able to confirm this with yours) they should either make up any shortfall between what you can do now and what you did before, or they should pay for any re-training and support you until you find a new job, or they should pay any extra costs involved in employing an assistant (although I reckon you do have a point on this one - how tempted will be to do things you shouldn't?)

Whatever, find out from your bloomin' solicitors where you stand - whose side are they on and whose insurance is paying them, for god's sake?

Courage, old chap, you've a long road ahead if the system over here is anything to go by.

[Robbo SPS]

Have you been advise what the level of blame is ?

Most accidents are rarely 100% blame . . . but if a criminal case is brought, this will assist greatly for you.

The advise you should be given MUST be all directed from your solicitor. Of which - Are they your choice, or allocated from the insurance company ?

I personally would have to be instructed NOT to work and would do as much as possible to keep my own business going, thus showing you are trying to return to your life.

I'd consider speaking with the DSS and their medical staff, as your going down the disability road, and not being able to work.

Are you able to move solicitors firm ? I know a VERY good company that we use at work and who represented me.( my brother does this line of work, i'll get his work e-mail to you - it may help )

If your trading well again, keep with it, and hire in labour to assist you - if you can. I dont know what minimum wage is, but people are looking for jobs, and there aren't that many out there at the moment.

[Robbo SPS]

PM sent.

[wishy]

Thanks for  the info guys,

The solicitors were appointed by the insurance company, although I do have the option to change if required.

My biggest problem is that they are in Runcorn and i'm in the south so I can't just pop in for a chat and when and if I want to talk to them it's nigh on impossible to have a chat as they are always too busy, but to be honest they do phone back.

I have been back in full time work for the past 6 weeks and I must admit i'm finding it really hard as far as fatigue is concerned.It takes me the whole weekend to recover ready for Monday.Plus after the news on Monday I must admit I have last the plot a tad.

My only worry generally is the old financial bit and after the trouble I had getting an advance on loss of earnings(which only covered 3 1/2 weeks worth) was a nightmare and I now have to prove I needed 3 months to recouperate...yeah right!!!.

The good news is that the other driver should be in court next month for the first hearing and has been charged with dangerous driving.

[termietermite]

Why not try talking to a few ambulance chasers, just to find out if you could get somebody a bit closer on your side?  OK, they don't all have a great reputation but some are good and  they are in it for the percentages, not just because they are tied in to an insurance company so they might, just might, be a bit more on the ball.  I'm nowhere near a settlement over here but I have a had a few interim payments to tide me over so I reckon that's the least you should expect but then, of course, the system is different.

Also why not ask the CAB for help?  Maybe there's some social security you're entitled to in the interim?  You shouldn't have to worry about money if it forces you to work against doctor's advice and it will just make you feel worse if you have to worry about money as well as everything else.

[mgmark]

Sounds to me like you need to change to a solicitor(s) nearer to you who understands this sort of work and is acting on behalf of you - not an insurance company. 

The other driver appearing in court on a dangerous driving charge is a good thing because it should give your solicitor/you the opportunity to attend and to represent the impact that it has had/is continuing to have on your wealth, health and your life - make sure that is represented in lurid detail.  Bottom line is that the court proceedings may then be used in a subsequent compensation claim.

It must be difficult for you, but compensation may be reduced if you have been able to work, although having to employ someone else to continue the business because you cannot do what used to be able to do may mitigate that.  Calculate the loss of earnings if you had to wind up the business, based on previous accounts and an improving forecast.  The key in calculating a compensation claim is what the injury has caused/will cause by way of loss of earnings potential, whether the situation will improve and whether it be the injury may be the cause of later medical problems.  The last of those points means that you need to be very careful about agreeing anything that is a "full and final" settlement.  Good luck,

MG Mark 

[Martini...LB]

Sound words MGMark, the whole thing is a minefield, are there not a couple of lawyers on site? I am sure that people have asked before and had Pro info from members, who may be able to help or recommend.

>Martini...LB

[Lorry]

From what I've seen of these, they take bloody ages.  I suspect the solicitor is waiting for a conviction.

And let the solicitor know.  He'll need medical reports for evidence, and there may be a standard delay, in case you have a relapse.  Plus the long term damage has to be considered.

I'd lay it on thick - constant pain/never work or play the piano again etc  Everybody else seems to do that

[wishy]

Lorry....

You are right about claims taking a long time.My solicitor reckons for my case,somewhere between 2 - 4 years for the wuole job.
The other problem we have here is that at present the other solicitors will still not accept liability for the accident, even though he hit me from behind.
The reason for this is that the insurance companies will do nothing until a conviction is confirmed.In my opinion it's ridicoulus the 2 things should be treated as separae items but I guess it gives our wonderful legal system to screw as much out of the insurance companies as they can.
I find it unbelievable that even my solicitors can get away with charging for letters sent via e-mail and then they follow up with the official letter in the post,which they also charge for. I'm deffo in the wrong job

[Steve Pyro]

Andy, a close friend is currently going through the very same situation.  She was hit from behind whilst stationery at traffic lights.  The van that hit her was estimated to be doing 50ish.  The driver was charged and convicted.  She spent 6 months in Stoke Mandeville.
Her legal people are 'on the case' but it will, no doubt, take a while for a settlement.

[wishy]

Steve,
I hope your friend is on the road to recovery and Is getting sound advice from her solicitors, and I wish her all the best for the future.                                                                                                                                                                             .Somebody said to me the other day, that it is a deliberate policy of the insurers to delay as long as they can.So that hopefully the  claimant dies during the process,and that any dependants then have to prove the injuries sustained at the time of the accident actually caused the person to die.

If this is the case then it is shameful tactics....but I guess business is business.                                                                    After After all, an insurance company will try and wriggle out of paying if they can,by whatever methods are required to do so.

Andy

[Andy Zarse]

Thanks for  the info guys,

The solicitors were appointed by the insurance company, although I do have the option to change if required.

This!!

Your solicitors are a probably a "slippers and trippers" firm, whose employees are largely commission/target driven. You've seen the adverts!  If they're based in Runcorn it's because it's cheap and not because that's where all the clever lawyers live. The insurers, who are looking to minimise their costs, will have a pre-arranged fee agreement with them. Grim as it gets...

Get yourself a proper firm of London lawyers, you know, complete bastards with a vicious streak who know exactly what they're doing. The insurers will pick up the bill anyway. This isn't a bit of whiplash, this is your livelihood. You could do worse than go on Pistonheads and ask if anyone knows a decent firm. Or I could do it for you?

[Robbo SPS]

My recommeneded firm are very good, london based, always working, reply the same day, turn up when its convienient and then write to you monthly to tell you of progress.........

i'm guessing as our federation chose them, they are rather good. . . .

[wishy]

Hi Guys and gals,

Thanks for all the advice given over the past few days.

It appears that because I have legal representation insurance, I have to run with the solicitors appointed by the insurance company, although if it should go to court, only then I can change solicitors at that time, which is pointless as that is right at the end of the process....unless anybody has any comments on changing at the time of the claim going to court?

But the good news today is that the other insurance company have already made me an offer under rule 36.This is used as a tactic so that I don't go through the courts to persue my claim......answer to the offer is a resounding......"I'LL SEE YOU IN COURT!!!!!!"

Andy