Non fault car accident 2016 - advice needed please

  • angelzinflight's Avatar
    Hi all:

    This my by a it long winded but ill try to be as detailed as possible - I'm looking for advice as to effectively challenge the other parties solicitors:

    Background
    I was driving to my young sons christmas play in December 2016 - i was on a bridge which went over a live railway. I was going about 20 miles an hour.
    I was hit in the front of the car by a picasso - my head hit the steering wheel twice - no air bag deployed.
    The picasso had been hit by a BMW who swerved because he had been racing another BMW.
    I got out of the car - smoke and liquid leaking out of the picasso and grabbed a boy who was in the back on the picasso - grandad slumped over the steering wheel - young boys sister got out by herself - i must have been running on adrenaline as when i got them to the side my legs buckled.
    Polce, ambulance, air ambulance and fire brigade called - i was taken in a back brace to hospital as i had pain in my neck and horrendous stomach pain. Grandad taken to hospital.
    My insurance company was Esure - they nominated a Kindertons as solicitors.
    Spent a few days at home in a neck brace. Hire car which came with my insurance policy was delivered - as mine was in for repairs - which took a month.
    My boys were 6/7 at the time and my mum had to travel 20 minutes each way to help each day as my husband was working and living in Saudi Arabia - he came home on the 19th - where he did the driving and helped with the boys. I didnt drive for a month - too much pain in my back and it was too uncomfortable.

    Turns out the boy racers (in their 30/40's) have criminal convictions as long as my arm - but are insured - ended up in court - convicted with dangerous driving and given a ban.

    I on the other hand - years of physio - paid for privately, been to see a psychologist as i was having horrendous nightmares over the boy i rescued as he was the same age as my son - also over the grandad that i didnt help - i though he was dead being slumped over the wheel.

    I wasnt working but volunteering in my sons school one day a week - prior to the accident was incredibly fit but couldn't exercise for years due to the pain in my pelvis and leg.

    So im at the point now of disputing the personal claim with the other parties insurers and this is where i really need help.

    Ive paid for my excess - physio and prescriptions - out of my pwn money - this is not being disputed
    What is being disputed is:
    Travel expenses - to and from Dr's, hospital, Physio, osteopath and psychologist - my solicitors (Matrix - who were recommended) stated that this was 50p a mile - Admiral - the other party are now stating that its 24p a mile
    Care and assistance - my mum helped me for nearly 6 weeks - even when my husband was at home for 2 weeks - my solicitor quoted £6.95 an hour - even though minimum wage in 2016 was £7.20 - other party have now come back and stated ' in relation to care - you client was not incapable at any time - the injuries did not affect her work and she had a hire car - hey offer £50 a week and refer you to the case of Giambourne v sunword holidays in order to support the amount for gratuitous care. In addition, your client s husband lives and works in saudi arabia so we do not know the extent of care provided'.

    Admiral insurance have called me an unreliable historian throughout their response.

    Stating my neck pain had resolved - this was after seeing a psychologist for an assessment on 13/12/2017 - one year after the accident
    They have said i hit my head twice and hadn't mentioned this before - I did - it was mentioned in the Dr's report

    Admiral have stated that i have not had physio- yet i have given them the physio report and recipts for the 26 appointments ive had - also the osteopath report for the 8 sessions i had
    Injuries didnt have any effect on work at school - i did not go back to school until after christmas and even then made sure i was active and wasnt sitting down a lot
    HIRE CAR - this is where im having the issues - Esure gave me a hire car as it was part of my policy - the cost of this as £1,781 - even though i didnt drive it - at no time was i told that i had to turn down the car - why would i - i was on my own and if there was an emergency - i would have needed to be in it - who pays for this - as the cost was included in the schedule of losses and my solicitors have stated it comes of of the total of the schedule of losses

    Admiral have quoted that the specialist states i had polysistic ovarian syndrome - not true - upon examination after the accident - the CT scan showed i had a cyst and said i should see my dr - which i did and then had an X-ray - when xrayed - the cyst had gone

    Admiral have called me an unreliable historian as upon examination by the expert in 04/2018- i told the psychologist 4 months prior my neck pain had disappeared - which was true - the physio was for pelvic and hip pain

    Admiral have also asked me to sign a form as their client (the guy who hit me) has breached their contract and in light of this breach they aren't entitled to make any payments under this policy.

    So all in all im fed up, really angry and stressed with this case.

    There has been a global offer of £8,541:

    Injury offer of £5,000 - which will be reduced by 25% - payment for the solicitor - total cost £3750
    Out of pocket expenses - £3514.20

    £300 excess
    £997 - physio
    £67.60 - prescriptions
    £131.53 - based on 24p per mile on 1368 miles - so at 50p per mile - this was £684 - at 24p per mile - this is £328.32 - so where has £131.53 come from?
    Car hire - £1,718.07 - which I have to pay?
    £300 for care - 90 hours originally at £6.95 per hour = £625.40 - Admiral have calculated it at £3.33 an hour = £300

    Total = £5.5k

    I am so angry and upset with all of this - my life was totally put on hold for nearly two years - pain, misery, my relationships suffered, my health and fitness suffered - never mind the nightmares i had for years.

    How can two complete imbeciles nearly kill people - i don't think i mentioned that the picasso and my car were inches from going over the bridge to live train tracks - get away scot free - yet have to endure 3 years of increased premiums - paying double my insurance premium for 3 years - which i got a payout of £85 back from Esure when the accident was deemed not my fault last month.

    Can someone help - do i go to court to fight this or do i just sign it off to get it over and done with.

    Thanks much for reading and i know it was long
  • 2 Replies

  • wagolynn's Avatar
    Guest
    This is very complex but a few points come to mind.

    Did your policy have legal cover?

    Was the solicitor acting for you or your insurers, if they were acting for the insurers then use a solicitor under the legal cover, you can select your own though insurers don't usually point this out, read the terms and conditions for the legal cover.

    If the other party has infringed the conditions of their policy, and now are not covered there is a fund that your compensation can be paid from to cover such cases.

    If none of the above applies, I think I would appoint my own solicitor, and let them do the best they can for you.
  • angelzinflight's Avatar
    Hi:

    Legal cover - no i didnt have this.

    I have solicitors all ready - the other party are with admiral insurance - i am not sure if they have solicitors - all communication is between my solicitor and Admiral.
    Its Admiral that are stating that the other party has infringed their terms and want me to sign the document to state they aren't obliged to pay out under the policy and if i don't then i have to obtain a court judgement