Costs following an injury in road traffic accident

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Tue 17 Sep 2019 17:07
Costs following an injury in road traffic accident - Victor Ross

Hello. I am pursuing compensation through an uninsured losses reinsurance scheme following a car accident. The third party's insurer (TPI) has agreed liability. My car has been 'written off' and I sustained injuries. I thought the cost of travelling to a medical appointment to obtain a report and the cost of sourcing a replacement car (ie travel to car dealerships) would be claimable. My solicitors have responded thus :

' However the Courts state that travel to the medical appointment is not recoverable. As you are a Claimant wishing to make a personal injury claim, the only way of proving the injuries sustained is attending the medical.

This is also the same in relation to the travel for the replacement car. Legally the third party insurers are only liable to put you back in the position you was before the accident and as the car was a total loss, this is the total loss valuation. They are not liable for where you decide to choose to buy the replacement vehicle from. '

I would be grateful if someone knowledgeable on these matters could advise if the reply from the solicitors is correct and I am wrong.

Many thanks in advance

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Tue 17 Sep 2019 20:21
Costs following an injury in road traffic accident - Bromptonaut

Neither sounds too far off mark to me.

If you had a problem and needed diagnosis you'd see doctor anyway. Treatment is another kettle of fish.

Certainly no reason why paying party should allow you to gallivant around country looking at replacement cars at their expense.

If you're still in doubt ask solicitors if they can enlarge on 'courts have stated' etc.

They'll probably refer to cases decided in the courts.

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Wed 18 Sep 2019 13:37
Costs following an injury in road traffic accident - Gibbo_Wirral

Certainly no reason why paying party should allow you to gallivant around country looking at replacement cars at their expense.

On the other hand, if this statement is correct:

Legally the third party insurers are only liable to put you back in the position you was before the accident

That position would be with a car on your drive. Time and effort sourcing a replacement should be factored in.

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Wed 18 Sep 2019 08:36
Costs following an injury in road traffic accident - lordwoody

I aways think its a good idea to get professional advice, then come to an internet forum to ask any Tom, Dick and Harry if the professional advice is wrong.

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Wed 18 Sep 2019 09:40
Costs following an injury in road traffic accident - gordonbennet

I suspect some tasty spam will be heading this way shortly.

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Wed 18 Sep 2019 10:27
Costs following an injury in road traffic accident - Avant

Very likely, as 'Direct Solicitors' is the name of a firm: Googling them produces a whole lot of adverts.

But if they are trying to advertise on here, what an inept way to do it. Soliciting in every sense. Rest assured that if a link appears it'll be deleted.

Edit: Today they've changed their nom de clavier to 'Direct Solicitors'. I leave it to forum members to decide whether to seek advice from an outfit who has to ask the question in the original post.

Edited by Avant on 19/09/2019 at 00:30

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Thu 19 Sep 2019 12:33
Costs following an injury in road traffic accident - gordonbennet

TBH i'm surprised the firm concerned haven't already intervened if the poster is part of their operation, instructing them to cease forthwith, maybe they'll make contact or clarify by a post themselves if they believe the person isn't associated with them, doing them no favours.

I fail to see otherwise why someone should use the name of a company or group they are dealing with as an identifier on a public forum, i drive an old Toyota, fine vehicle though it is i wouldn't expect the maker or importer to be any too pleased if i chose the brand name or Toyota UK Ltd, or the company i work for if i posted under the good name of my employer.

Edited by gordonbennet on 19/09/2019 at 12:35

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