Back in 2011 I was involved in an accident where my car suffered rear end damage from a car coming up too fast behind me. I reported the accident to my insurer (Hastings) and they talked me into pursuing my claim with Helphire (Albany) so that I wouldn't initially need to pay my excess out before getting any judgement (This is a world of pain and I would advise against anyone doing this). They advised me that I was involved in a 'No Fault Accident' and as such, in no way responsible for the crash and this would be taken up by Helphire. I had to sign a 'no fee' credit agreement to pay any costs that may arise out of the claim and to cover me, should any issues arise (I should have smelt a rat). I am covered by this agreement only If I tow the line and accept to follow their advice, otherwise I would be liable for all my costs.
This is a basic timeline of events
1. Dec 2011 - Hire car supplied and repairs done to my vehicle. Took excessive time on repairs and I had to visit repair centre to demand car back. (approx 8 working days for a dink in the boot and a new bumper)
2. April/May 2012 - County Court Judgement was apparently obtained around this time and a letter was served to the 3rd party. I find out later that he wriggled out of this due to the latter being served to an address that he was no longer living at (convenient).
3. September 2012 - Helphire solicitors tell me that this may now go to court and they go over the case with me once again from start to finish. I was told that this may not go all the way and the 3rd party may accept liability before the court hearing.
29th May 2013 - One week before the court case comes up I get a call from my legal rep who tell me that I have no chance of winning this case and I should try for a 50/50 with the other party. I was obviously livid and asked them to email me the details to review.
I then find out that the 3rd party has added the passengers of his vehicle as "witnesses" in his defence, but this in itself seemed to be a bit of a joke as I could have done the same if I thought the were admissible in court?
Well the final straw came when my legal side said that If I didn't accept to follow their line then I would be left to fend for myself and I would be left to pay all costs, if I went alone in this matter.
A couple of days later, my legal side say that I have to accept 100% liability for the accident. I have no option but to accept due to the credit agreement terms and although the costs should be paid, my no claims bonus will be affected.
I feel that I've been well and truly done up like a kipper and I want to know where I should go to take up the fight.
Any suggestions or assistance would be welcome.
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