I Am Struggling To Cope Financially Since The Accident.  Can Anything Be Done?

I Am Struggling To Cope Financially Since The Accident. Can Anything Be Done?

Naturally, if you are off work for a long period of time, or have to undergo medical treatments, buy equipment and so forth, this can strain the finances to the limit.

If your claim is disputed by the Defendant insurer, then there is very little that can generally be done, although it may be worth asking advice on the subject.

However, where liability is accepted by the insurer, then in most cases it is possible to persuade them to make an interim payment, on account of your losses, and there is also provision within the Civil Procedure Rules (of Court) to make an application to a Judge for an Order, if the insurers do not comply.

It is fair to say that insurers generally do not like making interim payments if they can avoid it, but if you have, or think you are likely to have, severe financial problems, do mention it at the earliest possibly opportunity. Do not leave it to the last minute, as these things do take time.

To make a formal application, you must have a written admission of liability, or a Judgement from the Court, in support of your case.

Also, generally speaking, the insurers (or the Court) will require medical evidence showing the nature and extent of your injury, and that it is related to the accident in question. Whilst the Court does not have to determine how you are going to spend the money, it is a very good idea to support a request for interim payment with evidence of earnings loss (payslips or a letter from your employer), receipts for items you have spent, quotes for things you are going to have to pay for, and so forth. Provide us with the information and documentation, in good time, and hopefully we will be able to secure some interim funds for you.

Obviously, credit for any interim payments made must be given at the end of the case when settlement is reached.

Even if we are not in a position to apply for an interim payment to the Defendant, if you are being pressured by your bank or building society, in relation to mortgage payments etc, tell us. We may be able to write a suitable letter to your bank manager, or creditor setting out the position, our thoughts on what the likely outcome is going to be, and where appropriate an indication that funds will be available. It may be that they will be prepared to accept an undertaking, that they will be paid as soon as funds are received. It might provide some help.

If the situation is one where you are now prevented from doing things around your home, and require care or assistance, again it may be possible to obtain an interim payment to pay for a carer, cleaner or so forth. Mention it to us, and we will consider what we can do in this regard.

Also, if your injury is so serious that you cannot gain access to parts of your home (for example cupboards, lifting food into and out of the oven, getting into and out of the bath, and so forth), we may be able to find some way to assist with this, possibly by obtaining a report from an occupational therapist or care expert, who will visit you at home, and ascertain the difficulties you face, and what you need to overcome them.

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