This Day Next Month...
I want to write a blog about this so I can look back on it in a
month's time and reflect.
This day next month, on March 8th, I go to court with my car insurance company. I had a nasty accident last year which resulted in a painful neck and shoulder injury, meaning that I couldn't look after my children for almost a month and still struggle at times to carry my disabled daughter. The worst thing about the whole episode was how my insurance company dealt with it. They started by assuring me that I wasn't at fault, promising me compensation for my injury and speedy repair for my car. However, when I sought legal advice to be sure that everything was above board, they turned on me. As I wasn't prepared to accept 'cash under the table' with a nudge and a wink, they decided the accident was completely my fault based on the testimony of the other person's mother, who wasn't even present at the time of the incident. They also failed to take a statement from my father, who arrived at the same time as the other person's mum. I contested this, so they backed down and said, ''Ok, we'll do 50/50.'' I said that wasn't good enough - I had been driven into by a young boy who was driving at speed in a residential area and failed to stop at a junction before smashing into me. I'd had right of way and I was not prepared to accept half the blame. So began a lengthy year of solicitor's appointments, note taking and general headache.
Finally, over a year later, I'm due to face them in court. My greatest concern is that I win the case purely to protect my driving record, which is flawless. Compensation, of course, is a bonus. I've started to feel incredibly nervous especially as the date seems to be approaching at an alarming speed and I've never, ever been in court before. I have no idea what to expect. My solicitor has assured me that it's more or less cut and dry, that I should look forward to it as the facts are in full support of my case. But the cynicist in me keeps popping up and suggesting that I may just lose. More so, I keep wondering what happens if they decide to try and settle out of court - which in all honesty is very likely as I do have a particularly strong case against them. If they try this, at what point do I consider accepting it? It's all very confusing.
I hope that in a month's time, I can sit down and look back on this blog with a smile on my face and a glass of plonk in my hand. The car accident topped off an extraordinary period of bad luck for my family and I; for three Tuesdays in a row, we suffered a sudden and tragic bereavement, followed by my father's industrial accident (he lost two fingers) and finally, my car accident. It was an extremely difficult time for me as I was fighting battles on all fronts - trying to secure appropriate accommodation to suit my daughter's needs (that took 2 years), trying to get my daughter's treatment moving (still no further ahead) and taking care of a sixteen year old girl and all the baggage that came with her (I did so willingly). To anyone else, it might seem like just a car accident, but to me it represents so much more. Getting a little bit of justice for that crash would help me feel like I've finally overcome that terrible period in my life. And, to be frank, the financial element would bring me out of a very tight spot and allow me to pay for a decent holiday for my children, as they've never been on one. I'd love to bring them somewhere special before the youngest begins what is likely to be a long, repetitive string of invasive surgeries and treatments.
So, here I am wondering to myself, ''How will it all end up?''
Hopefully, when I come back to read this, the answer will be a good one and I can begin enjoying my life again without so much stress and aggravation.
This day next month, on March 8th, I go to court with my car insurance company. I had a nasty accident last year which resulted in a painful neck and shoulder injury, meaning that I couldn't look after my children for almost a month and still struggle at times to carry my disabled daughter. The worst thing about the whole episode was how my insurance company dealt with it. They started by assuring me that I wasn't at fault, promising me compensation for my injury and speedy repair for my car. However, when I sought legal advice to be sure that everything was above board, they turned on me. As I wasn't prepared to accept 'cash under the table' with a nudge and a wink, they decided the accident was completely my fault based on the testimony of the other person's mother, who wasn't even present at the time of the incident. They also failed to take a statement from my father, who arrived at the same time as the other person's mum. I contested this, so they backed down and said, ''Ok, we'll do 50/50.'' I said that wasn't good enough - I had been driven into by a young boy who was driving at speed in a residential area and failed to stop at a junction before smashing into me. I'd had right of way and I was not prepared to accept half the blame. So began a lengthy year of solicitor's appointments, note taking and general headache.
Finally, over a year later, I'm due to face them in court. My greatest concern is that I win the case purely to protect my driving record, which is flawless. Compensation, of course, is a bonus. I've started to feel incredibly nervous especially as the date seems to be approaching at an alarming speed and I've never, ever been in court before. I have no idea what to expect. My solicitor has assured me that it's more or less cut and dry, that I should look forward to it as the facts are in full support of my case. But the cynicist in me keeps popping up and suggesting that I may just lose. More so, I keep wondering what happens if they decide to try and settle out of court - which in all honesty is very likely as I do have a particularly strong case against them. If they try this, at what point do I consider accepting it? It's all very confusing.
I hope that in a month's time, I can sit down and look back on this blog with a smile on my face and a glass of plonk in my hand. The car accident topped off an extraordinary period of bad luck for my family and I; for three Tuesdays in a row, we suffered a sudden and tragic bereavement, followed by my father's industrial accident (he lost two fingers) and finally, my car accident. It was an extremely difficult time for me as I was fighting battles on all fronts - trying to secure appropriate accommodation to suit my daughter's needs (that took 2 years), trying to get my daughter's treatment moving (still no further ahead) and taking care of a sixteen year old girl and all the baggage that came with her (I did so willingly). To anyone else, it might seem like just a car accident, but to me it represents so much more. Getting a little bit of justice for that crash would help me feel like I've finally overcome that terrible period in my life. And, to be frank, the financial element would bring me out of a very tight spot and allow me to pay for a decent holiday for my children, as they've never been on one. I'd love to bring them somewhere special before the youngest begins what is likely to be a long, repetitive string of invasive surgeries and treatments.
So, here I am wondering to myself, ''How will it all end up?''
Hopefully, when I come back to read this, the answer will be a good one and I can begin enjoying my life again without so much stress and aggravation.
11 Comments
I used to work on personal injury cases, and on the basis of what you've siad, it sounds as though you have a reasonable claim. Unfortunately these days insurance companies try to be clever rather than just getting on and settling - a trend that was beginning in my last year or so of dealing with them - on the basis that people will just give up and go along with them. However, I'd be surprised if they'd have paid for your injuries as that would be something you'd have to claim from the other driver, who was at fault, rather than being covered on your own policy.
I can understand your apprehension - no case is ever'cut and dried', but you should be reasonably confident. If they do try to settle outside court, this often happens at the last minute, and your solicitor will advise you whether it's a reasonable offer. It's important to go on that advice rather than feel the need to push on for your day in court, which a lot of claimants can feel emotionally inclined to - and can end up with them being worse off. If your solicitor's given you good advice so far, go with that. Unfortunately these claims do drag on - at least it's nearly over. Presumably there's been a medical report to assess the damages for your injuries?
Try to think of other things rather than let it niggle away at you, so the time passes less slowly.
Good luck. You never know, you might even get a story out of it.
R xx
Thankfully I did have several medical reports done, including further xrays in December. Thankfully they came back clear - I say thankfully as the last thing I need is some sort of problem with my bones due to being a carer. My pain is largely muscular and is affected by excess strain (hah! this happens all the time, carrying around a 2 and a half year old as she can't walk) and also cold weather. I was completely honest with the examiner - I explained that I have good days and bad days. Good days, I'm pretty much pain free whereas on bad days, I'm permanently attached to a hot water bottle and painkillers and can't sleep properly. It's mainly caused me huge problems with caring for my daughter properly, if I'm in pain then I'm useless to her. It's extremely frustrating as I'm only approaching 26 and sometimes feel like the digits are the wrong way around according to how I feel physically.
Thankfully, I do have an excellent solicitor. I'll be seeing him within the next couple of weeks for a run-through of what will happen. I kept meticulous notes throughout the last year and especially throughout my dealings with the insurance company, their behaviour was absolutely appalling on many levels far beyond what I mentioned in the blog. Upon finding out that I had sought legal advice, my assessor called me and tutted, saying ''I thought I could trust you; if I'd known you go and get a solicitor I wouldn't have arranged your courtesy car so quickly''. He even tried to cancel my courtesy car, which would have left me with no transport for my daughter's appointments. I got that on record from the vehicle hire company, who happily verified it. Anyway, I won't go into the rest of it as it's too lengthy!
As for settlement - I wouldn't dream of doing anything other than taking my solicitor's advice. He has assured me of a certain amount, that being 50% of my overall entitlement as a worst case scenario, due to the fact that the insurance company ruled 50/50 liability. So, I know what I can expect at the very least. Anything else that might happen remains to be seen!
Fingers crossed...
I also hope it brings closure for you - when life deals you a hand like this, it often seems its never going to sort itself out! I totally sympathise with you on this one (the arrival of our daughter has been the most wonderful and also the most frightening thing to ever happen to us, given her problems) and I wish you all the luck in the world with your daughter's treatment... I don't know how you cope with that, I really don't!
*hugs*
Thanks, I'll be glad to get it over with but I'm definitely hopeful. Common sense should prevail, all going well! We'll soon see. I'll not be able to sleep for a week before it though. I've got my dad's birthday and my own birthday to keep me occupied in between times, February is normally a very short month (except when there's a 29th and I've got a flipping real birthday - when it's a leap year time crawls!).
And as I said to my boyfriend, if it goes well, a massive bottle of champagne will be bought! He's booked the day off work to come with me, he says it'll be over before it even starts. It'd be great if he's right.
And more importantly I hope the series of operations your daughter has to face go smoothly and have a positive outcome on both your lives.
Cazza x
There are a common truth about going to court. Your own lawyer is usually confident (otherwise he'd stop you) but you are always taking a risk. There are some very strange decisions made sometimes.
It sounds like you have right on your side and I certainly hope you prevail. But if you don't then it seems to me you have more important things to spend your time and energy on. So whatever happens, fill that glass, drink it down and put this all behind you.
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