Hi everyone,
Car accident May 2006 between me and woman driver.
Photos taken of the accident scene by me, which put me in the right. (my
opinion)
Insurance sorted it all out and i paid my £250 excess.
I got a no win no fee solicitor.
Was seen by a dotor for whiplash and all that stuff.
Along the way my solicitor pulls out stating he thinks he could not win the
case.
This solicitor rang me up one day to tell me that the other partys
solicitors have offered me £2500
Rings me up 3 days later and says it was all a mistake ive been offerd
nothing!
The other party and her solicitors has continually been telephoning my
insureres at that time threating legal action.
My insurers at that time pass the case onto top firm of solicitors who i
shall call big K
Big k communicate with the other party.
Big K contact me for chat and ask for photos which i email to them.
Big K telephone me up and say would i be willing to go court.
I tell them yes.
Big K telephone me and say that they fed up with threats from the other
partys solicitors and on the strength of my statement and photos issue court
proceedings against the other side. (cool)
Big K tell me that they cannot represent me for the personal injuries claim
though.
They tell me that if i put in claim for personal injuries claim myself (free
because i am on income support (i am disabled) then should Big K win in
court then I automatically win personal injuries claim.
Its coming towards the three years personal injuries claim limit ,so Big K
advise me to get my claim in now.
I once took garage to court over car gearbox so have understanding of
process.
So can you tell me how i word the summons and stuff like that.
Once i have issued proceedings and I actually get in court, how do I tell
the judge that i want to link it to the other case by Big K.
In other words, I have to wait till Big K win the case (3,6,9,12,18 months
from now) then show my claim judge the judgement.
Is that how it will go or have i got to do this a different way.
I have all paperwork including medical that i had and other solicitors
letters etc.
Solicitors made me sign a clause that should i win then i must pay them
there costs incurred upto the date they walked away from my claim.
Thay charged me £30 for copies of all paperwork.
A bit lost here so hence the questions.
cheers in advance.

"Anon"  wrote in message 
news:9_oEk.58986$FS.39934@newsfe11.ams2...
> Hi everyone,
> Car accident May 2006 between me and woman driver.
> Photos taken of the accident scene by me, which put me in the right. (my
> opinion)
> Insurance sorted it all out and i paid my £250 excess.
> I got a no win no fee solicitor.
> Was seen by a dotor for whiplash and all that stuff.
> Along the way my solicitor pulls out stating he thinks he could not win 
> the
> case.
> This solicitor rang me up one day to tell me that the other partys
> solicitors have offered me £2500
> Rings me up 3 days later and says it was all a mistake ive been offerd
> nothing!
> The other party and her solicitors has continually been telephoning my
> insureres at that time threating legal action.
> My insurers at that time pass the case onto top firm of solicitors who i
> shall call big K
> Big k communicate with the other party.
> Big K contact me for chat and ask for photos which i email to them.
> Big K telephone me up and say would i be willing to go court.
> I tell them yes.
> Big K telephone me and say that they fed up with threats from the other
> partys solicitors and on the strength of my statement and photos issue 
> court
> proceedings against the other side. (cool)
> Big K tell me that they cannot represent me for the personal injuries 
> claim
> though.
> They tell me that if i put in claim for personal injuries claim myself 
> (free
> because i am on income support (i am disabled) then should Big K win in
> court then I automatically win personal injuries claim.
> Its coming towards the three years personal injuries claim limit ,so Big K
> advise me to get my claim in now.
> I once took garage to court over car gearbox so have understanding of
> process.
> So can you tell me how i word the summons and stuff like that.
> Once i have issued proceedings and I actually get in court, how do I tell
> the judge that i want to link it to the other case by Big K.
> In other words, I have to wait till Big K win the case (3,6,9,12,18 months
> from now) then show my claim judge the judgement.
> Is that how it will go or have i got to do this a different way.
> I have all paperwork including medical that i had and other solicitors
> letters etc.
> Solicitors made me sign a clause that should i win then i must pay them
> there costs incurred upto the date they walked away from my claim.
> Thay charged me £30 for copies of all paperwork.
> A bit lost here so hence the questions.
> cheers in advance.
I think I may see a big problem here. Both the property damage and the 
personal injuries arise from the same cause of action - the road accident. 
You can't bring two actions on the same cause of action.

Unless I have seriously misunderstood, some has gone seriously wrong here, 
either in what big K have done or in what the OP has understood.

Clarification needed, IMO

Re: clarification:
Big K are suing the other driver but they will not act for me on the 
personal injuries side of things.
They are being paid by my former insurers who will pay them to sue the woman 
driver for damages ie cost of repairs to my car and my £200 excess but will 
not pay big K to pursue my "whiplash claim.
If big K win then technically i do not have to prove liability in my 
"personal injury claim as big K will already have done so.
It will just be a matter of a judge putting a value on my injuries.
If big K were to go to court and win say in the next three months then i 
would think that i could go to court to pursue the personal injuries claim 
knowing liabilty has been proved.
But as there is a three year personal injuries claim limit i do not want to 
lose by not putting my claim in in time.
Its all a matter of timing
Very weird all that has gone on with solicitors and insurers keep changing 
there minds.
Hence the advice that i need.
hope this clears things up





"Andrew McGee"  wrote in message 
news:8--dndX9Ht_HuH_VnZ2dnUVZ8rOdnZ2d@bt.com...
>
> "Anon"  wrote in message 
> news:9_oEk.58986$FS.39934@newsfe11.ams2...
>> Hi everyone,
>> Car accident May 2006 between me and woman driver.
>> Photos taken of the accident scene by me, which put me in the right. (my
>> opinion)
>> Insurance sorted it all out and i paid my £250 excess.
>> I got a no win no fee solicitor.
>> Was seen by a dotor for whiplash and all that stuff.
>> Along the way my solicitor pulls out stating he thinks he could not win 
>> the
>> case.
>> This solicitor rang me up one day to tell me that the other partys
>> solicitors have offered me £2500
>> Rings me up 3 days later and says it was all a mistake ive been offerd
>> nothing!
>> The other party and her solicitors has continually been telephoning my
>> insureres at that time threating legal action.
>> My insurers at that time pass the case onto top firm of solicitors who i
>> shall call big K
>> Big k communicate with the other party.
>> Big K contact me for chat and ask for photos which i email to them.
>> Big K telephone me up and say would i be willing to go court.
>> I tell them yes.
>> Big K telephone me and say that they fed up with threats from the other
>> partys solicitors and on the strength of my statement and photos issue 
>> court
>> proceedings against the other side. (cool)
>> Big K tell me that they cannot represent me for the personal injuries 
>> claim
>> though.
>> They tell me that if i put in claim for personal injuries claim myself 
>> (free
>> because i am on income support (i am disabled) then should Big K win in
>> court then I automatically win personal injuries claim.
>> Its coming towards the three years personal injuries claim limit ,so Big 
>> K
>> advise me to get my claim in now.
>> I once took garage to court over car gearbox so have understanding of
>> process.
>> So can you tell me how i word the summons and stuff like that.
>> Once i have issued proceedings and I actually get in court, how do I tell
>> the judge that i want to link it to the other case by Big K.
>> In other words, I have to wait till Big K win the case (3,6,9,12,18 
>> months
>> from now) then show my claim judge the judgement.
>> Is that how it will go or have i got to do this a different way.
>> I have all paperwork including medical that i had and other solicitors
>> letters etc.
>> Solicitors made me sign a clause that should i win then i must pay them
>> there costs incurred upto the date they walked away from my claim.
>> Thay charged me £30 for copies of all paperwork.
>> A bit lost here so hence the questions.
>> cheers in advance.
> I think I may see a big problem here. Both the property damage and the 
> personal injuries arise from the same cause of action - the road accident. 
> You can't bring two actions on the same cause of action.
>
> Unless I have seriously misunderstood, some has gone seriously wrong here, 
> either in what big K have done or in what the OP has understood.
>
> Clarification needed, IMO