niceandfluffy2: (eye)
This is a general Court overview and can be used for any Small Claims litigation. Your insurance company needs to agree to it as they will generally be paying! :D

Please note that this is a Civil court rather than the criminial and details are for Small Claims only (under £5,000, no PI). Claims above this amount and/or with PI are listed in the Fast Track claim route. Incidentally, it's not fast at all. I think there was a bit of optimism in that name...

Very few PI cases get to court simply because your solicitor can put in their expenses as well whereas with the Small Claims it is a fixed rate. This is why all those PI solicitors advertising on the television do not charge you - they put in their costs at the end which can often be more than your own. Insurers are well aware of this and will therefore avoid it! However, do not think this is a good way to threaten to get your claim sorted - if you hint at PI then they will move your case to another case handler. Files which are in transportation limbo are often the main reason why delays occur, especially as future correspondence normally goes all over the place for a while.

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niceandfluffy2: (eye)
Usual things to reclaim and what evidence is required. These are uninsured losses - ie, your personal losses. Your insurer's loss is called an outlay and they will be looking to recover it from the other party insurer as well. It take AGES for the outlay docs to come through. Seriously. So even if you think it's all done then you may suddenly find a year down the line that the outlay docs have come through, the TPI are refusing to pay and you're asked some weird questions. Occasionally you may even be asked to go to court over the matter.

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niceandfluffy2: (eye)
There are a couple of friends who are going through motor claims at the moment with insurance companies and occasionally a company itself. One of the main things I hear is mostly that people don't know what's going on or what to expect - I've written up a very basic guide for following your claim and knowing your own responsibilities to ensure that any difficulties are kept to a minimum. This will include litigation (court) as well.

This guide can be used for Small Claims (up to £5000 and no personal injury). For the most part you can use this for Personal Injury (PI) cases as well but be prepared for it to take up to about two years before you're finished. Make sure your solicitor requests interim payments throughout if liability has been accepted to avoid unnecessary financial hardship.

Please note this guide applies to UK readers only and does NOT cover Scotland. Scottish laws are different and if you have an accident within the Scottish borders you will need to speak to a solicitor based there. Also please note that I do not work for an insurance company and therefore I can't help with things like indemification fine details and some of the more weird and wonderful decisions that they come out with. However, I have had many many years of dealing with their waffle and odd decisions so at least I can find a solution that normally works.

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November 2013

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