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accident claim now 15 months
In june last year ( 2008 ) I had an accident and the company ( Murco oil ) admitted responsibility ) They had little choice there were around 60 witnesses including the police. I was in great pain for many months and could not walk.
Since the AIG ( their insurers ) have messed me about terribly. More or less told me to get a solicitor. I did. After a year I had a small injury payment. The solicitor asks me if I want to proceed for losses etc and more or less defends the actions of AIG. I wrote to my solicitor saying that I was very unhappy about what was going on and that all these delays had cost me more than the accident itself. My solicitor got on his high horse and started defending AIG ! Said it was my fault. I am not stupid ( a journalist ) . Now weeks later and after another letter my solicitor has not replied to me.
I am thinking of taking the managing director of Murco to court ( as the one ultimately responsible ) I needed that compensation to get my business back on track after the losses suffered due to the accident. We are talking small money here
Any help much appreciated
Since the AIG ( their insurers ) have messed me about terribly. More or less told me to get a solicitor. I did. After a year I had a small injury payment. The solicitor asks me if I want to proceed for losses etc and more or less defends the actions of AIG. I wrote to my solicitor saying that I was very unhappy about what was going on and that all these delays had cost me more than the accident itself. My solicitor got on his high horse and started defending AIG ! Said it was my fault. I am not stupid ( a journalist ) . Now weeks later and after another letter my solicitor has not replied to me.
I am thinking of taking the managing director of Murco to court ( as the one ultimately responsible ) I needed that compensation to get my business back on track after the losses suffered due to the accident. We are talking small money here
Any help much appreciated
Answers
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You need professional legal advice. See another solicitor (I would suggest a different firm as well).
You need legal advice and it seems like the one you've got isn't doing his job. After all the solicitor is supposed to act on your behalf and do what you ask. Another solicitor may tell you, however, that you may not get extra money but they should still take the matter further if you ask them to - they have no choice; they act for you and have to do what you ask.
I don't know of the circumstances but if you are owed any futher money due to their negligence in the accident, they it may be the case that AIG don't owe you anything as it isn't covered in their insurance policy. If this the case, however, then Murco oil would owe you any outstanding compensation.
You could also report the solicitor to the Law Society who regulate solicitors if you are very unhappy with his actions.
As a final note, I thought it was the case that you are supposed to claim compensation from Murco Oil, as they are the party at fault. Murco Oil then claims this on their insurance. As far as I'm aware you don't claim directly from the insurance company. I could be wrong, however. But this is something worth mentioning to your solicitor.
You need legal advice and it seems like the one you've got isn't doing his job. After all the solicitor is supposed to act on your behalf and do what you ask. Another solicitor may tell you, however, that you may not get extra money but they should still take the matter further if you ask them to - they have no choice; they act for you and have to do what you ask.
I don't know of the circumstances but if you are owed any futher money due to their negligence in the accident, they it may be the case that AIG don't owe you anything as it isn't covered in their insurance policy. If this the case, however, then Murco oil would owe you any outstanding compensation.
You could also report the solicitor to the Law Society who regulate solicitors if you are very unhappy with his actions.
As a final note, I thought it was the case that you are supposed to claim compensation from Murco Oil, as they are the party at fault. Murco Oil then claims this on their insurance. As far as I'm aware you don't claim directly from the insurance company. I could be wrong, however. But this is something worth mentioning to your solicitor.
In your penultimate sentence you say "We are talking small money here" . Did you mean "...NOT talking small money?"
What other losses do you want to claim for?
If your case is so strong I'm surprised your solicitor hasn't pushed for a lot more in order to boost his own income.
How would you take the MD of MURCO to court? I assume you mean civil court- what would you be claiming?
You say you have had a payment already. That would be pretty unusual. Are you sure, therefore, that you did not accepted this payment in full and final settlement of your claim? Hence this could be the reason why your solicitor indicated that it is 'your fault' - your fault in that he cannot now renegotiate on your behalf?
Hi thanks for the advice. I slipped on a bolt left sticking out of the ground at Murco. I had been given permission take pictures for the local paper re. fuel protests ! Seriously damaged my foot Hospital said I would have been better off breaking it, less pain and quicker healing !
So many people saw me crawling in agony and helped me at the scene.
15 months later my solicitor seems almost disinterested. The original accident left me unable to get around and I lost a bit of business. and hired p/t help for a while. I asked only for provable losses and expenses, less than �4000 I have provided the evidence. I was told probably no receipts required, then months later told to provide receipts. Why not ask in the first place ?
One silly prevarication after another. One early question from AIG asked me how this affected my work. I got so angry I sent them a definition of the word 'biped '.
Many silly delay tactics.
I do not understand. Why they simply did not ask for all details much earlier Medical evidence ( including specialist ) accounts etc. and why the additional expense of hiring a solicitor when the case was so clear cut.
A friend in the insurance business said it seemed odd with such a genuine and simple case " most insurance companies would pay out quickly to keep their costs down " .
I am at a loss these delays have made matters much worse. My solicitor at the first meeting said " we should get you an interim payment in a couple of months or so the rest could take a while " ( September 2008 ) Now denying he said it.
I received �1600 for my injury late June 2009 I told my solicitor the delays were having a disastrous effect on my plans to carry on business, ' small amount it may be, but it would have saved my plans. I told my solicitor to sort it out by the end August , or perhaps I should sort it out myself by taking Murco MD to county court small claims. I have not
So many people saw me crawling in agony and helped me at the scene.
15 months later my solicitor seems almost disinterested. The original accident left me unable to get around and I lost a bit of business. and hired p/t help for a while. I asked only for provable losses and expenses, less than �4000 I have provided the evidence. I was told probably no receipts required, then months later told to provide receipts. Why not ask in the first place ?
One silly prevarication after another. One early question from AIG asked me how this affected my work. I got so angry I sent them a definition of the word 'biped '.
Many silly delay tactics.
I do not understand. Why they simply did not ask for all details much earlier Medical evidence ( including specialist ) accounts etc. and why the additional expense of hiring a solicitor when the case was so clear cut.
A friend in the insurance business said it seemed odd with such a genuine and simple case " most insurance companies would pay out quickly to keep their costs down " .
I am at a loss these delays have made matters much worse. My solicitor at the first meeting said " we should get you an interim payment in a couple of months or so the rest could take a while " ( September 2008 ) Now denying he said it.
I received �1600 for my injury late June 2009 I told my solicitor the delays were having a disastrous effect on my plans to carry on business, ' small amount it may be, but it would have saved my plans. I told my solicitor to sort it out by the end August , or perhaps I should sort it out myself by taking Murco MD to county court small claims. I have not
Seems to be degrading in terms of replies. It was on a garden area, flowers, a mown lawn and they had left a few steel bolts sticking upright out of the ground on the lawn, almost invisible. They have since been covered. I have never claimed for anything in my life before. Had several accidents and always put it down to bad luck, This left me unable to walk and in intense pain for months.
the first payment was for the injury. I was told to claim for losses. Losses I genuinely sustained due to the accident.
I originally suggested to Murco a very reasonable sum just to get me over the problems of my not being able to work.
The cost of a solicitor, a specialist who claims �500 for three minutes.( the hospital and my GP ( which I had to pay for a report ) and so on. Seems everyone else is getting more than me and I am the ruddy victim. I wanted to save my work and save time, trouble and money. This insane scenario is not of my doing !
the first payment was for the injury. I was told to claim for losses. Losses I genuinely sustained due to the accident.
I originally suggested to Murco a very reasonable sum just to get me over the problems of my not being able to work.
The cost of a solicitor, a specialist who claims �500 for three minutes.( the hospital and my GP ( which I had to pay for a report ) and so on. Seems everyone else is getting more than me and I am the ruddy victim. I wanted to save my work and save time, trouble and money. This insane scenario is not of my doing !
OK. The payment for your injury is general damages (for pain suffering and loss of amenity). The further loss you are seeking is Special Damages in respect of your loss of earnings.
You appear to have lost confidence in your solicitor (understandably so) and so I would disinstruct him and go elsewhere - or deal with it yourself. You will need to provide evidence of your loss (this is quite usual and should have been asked for at the outset). You should also be claiming your legal costs from Murco.
You can take Murco to court - you don't sue their MD, you sue the company. I suggest you write to their insurance company sending a schedule of Special Damages together with evidence and ask them to respond with details of settlement within 21 days else you will issue proceedings in the County Court.
You appear to have lost confidence in your solicitor (understandably so) and so I would disinstruct him and go elsewhere - or deal with it yourself. You will need to provide evidence of your loss (this is quite usual and should have been asked for at the outset). You should also be claiming your legal costs from Murco.
You can take Murco to court - you don't sue their MD, you sue the company. I suggest you write to their insurance company sending a schedule of Special Damages together with evidence and ask them to respond with details of settlement within 21 days else you will issue proceedings in the County Court.
You state that you have had a payment for 'injury' .
Whether you can make a further claim for an additional head of damage , will depend on how the insurer 'framed' the offer which you accepted .
- If the offer said in respect to 'General damages ' ( which covers pain suffering and loss of amenity ) - then you can make further claims for special damages which you have incurred
- If the offer said 'damages ' - you can argue that the General damages was only one part of your 'damages ' claim
- If the offer said ' Damages in full and final settlement ' - you cant make a further claim
- And of course if it said General and Special damages - you cant make a further claim
The term General Damagaes is usually taken to mean - ' pain suffering and loss of amenity ' - that is damages where there isn't an ' exact ' amount of money that can be put on a claim - each person's
' whiplash' injury isn't going to be the same - how it affect each person will be different , and therefore the valuation will be different .
Special damages is 'usually' taken to mean other damages / losses seperate to ' pain suffering and loss of amenity '
However , technically speaking loss of earnings for example , can be argued ( and the insurer could take this line ) to be a General damages head of claim if you cannot show the exactamount of money , you have lost .
Whether you can make a further claim for an additional head of damage , will depend on how the insurer 'framed' the offer which you accepted .
- If the offer said in respect to 'General damages ' ( which covers pain suffering and loss of amenity ) - then you can make further claims for special damages which you have incurred
- If the offer said 'damages ' - you can argue that the General damages was only one part of your 'damages ' claim
- If the offer said ' Damages in full and final settlement ' - you cant make a further claim
- And of course if it said General and Special damages - you cant make a further claim
The term General Damagaes is usually taken to mean - ' pain suffering and loss of amenity ' - that is damages where there isn't an ' exact ' amount of money that can be put on a claim - each person's
' whiplash' injury isn't going to be the same - how it affect each person will be different , and therefore the valuation will be different .
Special damages is 'usually' taken to mean other damages / losses seperate to ' pain suffering and loss of amenity '
However , technically speaking loss of earnings for example , can be argued ( and the insurer could take this line ) to be a General damages head of claim if you cannot show the exactamount of money , you have lost .
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