1. I was on the main road driving home while the other driver failed to stop and give way and hit my car that was traveling on the main road.
2. No. They are saying I was part of setting up this accident for claim, but never did that and the accident investigator report proves that. It seems the part that crashed in to my car has being doing this many times to make claims. I had nothing to gain by this as I was earning over £100k p/a to be doing silly stuff like this for few thousand pounds.
3. 1st solicitors just took the word of Tesco lawyers and said yes he is involved and never even bothered to contact me for over few months. Then when I did finally call them they stated that they are not taking my case forward.
So I went with 2nd solicitors and they were very good and took the time to send out specialist to determine if the accident could have been a set up and then they send me to another specialist in sports injury to examine my back. Her report stated that now I am suffering form pain syndrome and there is no evidence of the hairline fracture. It has healed. Now this solicitor did not want to take on Tesco in court as there is no sign of the fracture and wanted to just take the easy route of just whiplash or I take Tesco to court my self as they will not be able to recover costs if they loose.
So I have decided to go to another solicitor or take the case to court my self, but I need help in getting the correct documentation in place. I have never had anything to hide or had a criminal offence and have worked all my life and have got invited to join companies rather than having to go through interviews.
Hope that answers your questions. Do let me know if you have any other questions.
Yes I was rushed to hospital in ambulance and was shown a x ray which showed the hairline fracture.
Then I had many treatments and therapy over the years.
Yes there was a CFA agreed.
The first one was none responsive even to the point it was appointed by Admiral insurance and I was going back and forth with Admiral to the New Law solicitors who just said we are not covered to take on a case like this so I must find another solicitor at my own costs. So I went with Irwin Mitchell solicitors. They did take a long time to get things moving but just last month they realised that to go after a claim of over £200k it will take more time and its more difficult to win against a pain syndrome case. Their view was that if the fracture was still on play then its a easy win. Although I went to see one of the partners of the company at the start as I wanted his expertise on the case I was pointed to a junior position to take on the case after the meetings... IM final view was that I find a another solicitor quickly who can help me or got o court my self and file proceedings as most of the pain syndrome cases based up on victims honesty and credentials.
How ever they were happy to go after a whiplash case which would be around £10k and that did not cover my loss of earnings for the last two years and me having to look for alternative employment last year as now I can not sit in front of a laptop for more than 20 to 30 mins without moving about to relax my back.
Nevertheless I am now without a solicitor and almost out of time.
What are the steps I have to take if I am to file proceedings? Is there a website that I can download forms or how do I take the steps to file proceedings?
I can see now why they said that they want to step out of this case. Before this time they were all go go go and all of a sudden they found lot of excuses to kick me out of their offices. I am now clear why.
1. it is very difficult to prove the pain syndrome and win a case
2. 5% Fees on the claim amount
3. Loosing this claim to them is a large loss
So is the fees pay up front or pay when you have won or loss the case?
Can the claim be a lesser amount even though the actual loss of work pay slips prove otherwise?
I have spent all my savings in trying to get better by going to private doctors and specialist rather than waiting on NHS and even travelled abroad for help.
I will go through the links you sent me and will come back to you if I need some help in filling in the particulars.
Many thanks for your help so far...