We had left one byway and were on a Tarmac road heading for the next muddy section when a tractor driving from the opposite direction just hooked a right in front of me. I literally had no time and nowhere to go, and hit the side of the tractor, breaking my leg and pelvis.
The tractor driver literally couldn’t give a monkey’s and wanted to chip off. However, my three mates hopped in and forced him to wait until the Police and ambulance arrived. Thereafter, the tractor driver got done for careless driving, his insurer admitted liability, and my solicitors obtained rehabilitation funding and a couple of interim payments that broadly matched my loss of income.
So far, so simple, insofar as the legal side of things are concerned. However, I have just had a letter from my solicitors telling me that as I failed to issue Court proceedings, the tractor driver’s insurer does not have to pay any more money (I had just requested another interim payment as I had been unable to work since the accident) and I needed to take legal advice.
I was flabbergasted. Surely that is their job!!! I phoned up to speak to my solicitor, only to find she had left (who knows when?!) and a ‘litigation caseworker specialist’ (whatever that is?) had been in charge of my case for six months. He then refused to talk to me and told me to get legal advice. Help.
Answer
I am genuinely sorry you have been put in this position. First things first, this is not your fault, it is your solicitors’. Secondly, unless someone is called a solicitor they aren’t, and your ‘litigation caseworker specialist’ may not even have any legal qualifications (scary, especially in a case as serious as yours).
Reading between the lines, I suspect what has happened is your qualified solicitor left the firm, it got palmed off on to an unqualified person, and they have missed what is known as ‘Limitation’.
In simple terms, under the Limitation Act 1980, you had three years from the date of your accident with the tractor to have either settled your claim, or to have issued Court proceedings. As that has not happened, the tractor driver’s insurer no longer has to pay you compensation.
I appreciate you may now have fallen off your chair, however, all is not lost. From what you describe, this is your solicitor’s fault for missing ‘limitation’ and not issuing Court proceedings on your behalf.
So if it’s their fault, you can sue them for negligence because: 1. You were owed a duty of care by your solicitors; 2. Those solicitors breached the duty of care; and 3. The breach caused you to suffer a loss.
So long story short, as this was a liability-admitted case and on the basis your solicitor has cocked up, they will now have to pay the compensation the tractor driver’s insurers would have had to.
My advice is get some legal advice ASAP from a solicitor who deals with ‘professional negligence’ claims. If your solicitors have cocked up and missed limitation, you will win and you will get compensation.
Andrew ‘Chef’ Prendergast
More Bikes – March 2024
