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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47354
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I had an accident on 18th October 2013 and I have made a

Customer Question

I had an accident on 18th October 2013 and I have made a claim for compensation. I am still waiting for the other party to make an offer, but they are delaying. I am worried that the three years are up soon and do court proceedings need to be issued before that time to get the claim settled?
Submitted: 12 months ago.
Category: Law
Expert:  Ben Jones replied 12 months ago.

Hello you say you have already made a claim? Is that a claim in court?

Customer: replied 12 months ago.
No, it is being handled by our solicitors
Customer: replied 12 months ago.
It is not clear to me what the procedure is
Customer: replied 12 months ago.
I have already made a claim, and that claim is not in court. It is three years in October 2016 since the accident which occurred on 18-10-13. My solicitors are handling the claim, but the other party have not yet made an offer. I think that my solicitor hasn't put the right pressure on them to make an offer in a timely manner. My worry is that there isn't sufficient time for negotiation before the three years is up, and that if court proceedings are not started soon to complete the claim within the three years, I could lose my compensation. Can you advise me on the procedures for negotiation to get my claim settled? Thank you.
Expert:  Ben Jones replied 12 months ago.

Thank you. There is a 3 year time limit from the date of accident to issue legal proceedings. This means that a formal claim must have been issued in cut by that date. If the case is with solicitor but they have not yet issued a formal court claim then the deadline would not have been satisfied yet. So you can continue negotiating with the other side in the meantime but come October you would seriously need to be thinking about issuing a claim to ensure you are not left in a position where you can no longer pursue this further. If you miss the deadline it means that they no longer have to negotiate with you as you cannot take any formal action against them. So you need to consider your options soon.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to issue a claim, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 12 months ago.
Hello Ben, I did make a 5 star rating, and I was directed to another page where I asked an additional question. You say you have steps for me to follow, could you give them to me, please? I see that I have been charged £47 for this question (and I left you a £10 tip), but my account says it is £18 for the additional question, free if a member. I did sign up for membership at £56 month with a free week's trial - how does that work? Thanks, Olga
Expert:  Ben Jones replied 12 months ago.

Hi there, unfortunately I do not deal with with membership queries and do not know how the membership system works, for that please contact***@******.***.

I only deal with the legal side of things so if you could please reply to my quesiton on the follow up query page then I can continue with my responses, many thanks

Customer: replied 12 months ago.
You said you had some steps to discuss with me...
Expert:  Ben Jones replied 12 months ago.

Yes I am discussing these on the other question you opened because I first need some more information from you

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