Personal injury claim?

by **seager** » Sat Jun 30, 2012 8:40 pm

I was involved in a car accident about a year ago, and I am pursuing a injury claim. I was given a court hearing as the third party who have admitted liability, were using delay tacktics. My court day in the 1st wk of aug. I was contacted by claim handler who advised me that they were going to ask for between £1750 and £2350 and what I thought of this. I said it was a bit low. He then advised me that if I go to court and they agree with the offer then I will have to pay court costs as I did not take the offer in the 1st place. That can't be true considering the accident wasn't my fault, some one please help????

by **achimelech51** » Sat Jun 30, 2012 8:42 pm

If you are being unreasonable, and because of your unreasonableness you force everyone to go to court, and if the court agrees that your expectations were unreasonable, then you could be considered to have engaged in a frivolous action.

If you think the amount is a "bit low," then I would want to know why specifically you think this is low and what amount you think is fair. If you simply want more money, then you are more likely to be unreasonable. If you lost $5k in wages because of your injuries, then your expectation for more money would not be unreasonable.

by **chiram97** » Sat Jun 30, 2012 8:52 pm

Gee, there's no lawyers chasing ambulances around in GB?

by **advent** » Sat Jun 30, 2012 9:02 pm

If the other side makes a Part 36 offer and you refuse and then the judge awards less than the other side offered then you can be liable for the courts costs, the logic being the case should never been brought to court since the outcome was the same without the need for an expensive trial at court.

Why should the defendant pay cost when they made you a very reasonable offer? I don't know your injuries so I have no idea whether the amount the claim handler is suggesting is adequate. I suspect it probably is though.

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