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Jenny
Jenny, Solicitor
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I had a traffic accident in 2014 and it has been settled. 50/50

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i had a traffic accident in 2014 and it has been settled. 50/50 now the third parties insurance failed to pay there bit of the hire charges and my insurance companies out lays.
and this has now gone to court. i had a phone call today from the solicitor dealing with it saying they want my bank statements for the 13 weeks leading to the accident and and profit and loss accounts for 3 years before. this is not the sort of thing i want to give out. am i legally obliged to send them ?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. What reason have they given for requiring these?
Customer: replied 1 year ago.
To prove that i couldn't afford a new vehicle or a hire vehicle of my own. the Motor bike was my only transport so the hire bike was the only way to get to work. I don't see why i should have to give them these details i have been paid out as i invoked my fully comp policy and then when liability has been decided and agreed 50/50 they paid out for personal accident and kit. The third parties insurance company were very bad all the way through not sticking to the set times for investigations and not replying to offers we were close to going to court to settle the claim.
Expert:  Jenny replied 1 year ago.
Do you know why this went to court yesterday. It's a bit odd if has settled for it to 'go to court'
Customer: replied 1 year ago.
The liability has been settled 50/50 and the payment for my personal injury has been paid
but i am told that the third parties insurance haven't paid the amount due for my hire vehicle or insurance out lay costs (something like that )
So i was told they have a trial date for April if the third parties insurance don't reach a settlement. apparently the document the want are to be with them to be in court on the 29 of December.
Expert:  Jenny replied 1 year ago.
Is the solicitor who was dealing with the original issue still involved in the matter now?
Customer: replied 1 year ago.
its the same firm the solicitors who were appointed by my insurance company
Expert:  Jenny replied 1 year ago.
Ok, it seems as though something has gone awry here. If the entire claim was settled then there should not be a dispute regarding the hire costs. This should have been dealt with in the original settlement. If it was not then the solicitor has possibly been negligent in failing to deal with this aspect of the claim.
You need to speak to the solicitor to clarify the position on this and potentially you can raise a complaint about the fact that they have not finalised the matter correctly.
In the event that there is an ongoing dispute as to whether the other party is liable for the hire costs then it would be appropriate for them to ask for records of your earnings in the weeks preceeding the accident.
I think this is a case where you have a complaint against the solicitor/ insurance company for failing to handle your claim correctly in the first place.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Expert:  Jenny replied 1 year ago.
Hello is there anything further you would like to know about this as I can see you have not yet rated my answer.
Customer: replied 1 year ago.
Thanks for your help i have picked up a couple of points in your last replyThe costs that are unpaid which is causing this dispute were agreed as far as i am aware with the third party they just haven't paid them.
Expert:  Jenny replied 1 year ago.
well in that case there is no need to provide the information as liability is not in dispute.
You need to clarify this with your insurer's solicitors.
I would be grateful if you would now take the time to rate my answer. Thank you and all the best.
Jenny and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks you have been a great help

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