RTA - Hit and Run

Hesthea

If someone could give me some advice i would really appreciate it since i do not know what to do.

I got hit by a car 3 months ago while i was crossing a road (1 way direction). The driver hit me from behind while driving on the wrong way.
I have witnesses.
Even thought they asked the driver for details, the driver refused and left the scene without waiting for the police while i was being taken to the hospital.
I stayed out of work for 6 weeks due to soft tissue injuries, concussion and knee injury. I am still in pain since that day.

On the day after i got hit by the car i made a statement to the police. They were only able to find the driver because a witness took a photo of the car and its driver.
The driver is uninsured and a learner.
The driver is going to be prosecuted by the police.

I went to get free legal advice about what to do and was told to talk a solicitor and then, later on, after the talk, was told that i should just fill a form to PIAB.

i talked with a solicitor and was informed that if they take my case said i would be getting around 5k and they would be charging around 2k with vat (which i can't afford)
I was also informed that its a no win - no fee.
I informed them that if they accept to take my case, i would want a written document mentioning the values they would charge me with, when they send the documents for me to sign. (I have received documents to sign to give permission to ask hospitals and such for copies regarding my case but they didn't send anything about what they will be charging me.)

Meanwhile, some people told me to apply for free legal aid. I can't find if they accept RTA cases on their website.

I really don't know what to do. Do you have any advice?
Thanks in advance.

punisher5112

You can file yourself.

You don't need a solicitor but I would suggest contacting citizens information and maybe speak with someone on their legal side as they do have them in at certain times or days.

You will basically be claiming out of the uninsured driver's fund.

Levy already in place on all policies and has been for years.

Hesthea

My fear is that, since i got hit by the car and i already had a certain health condition which got worse due to it, requires that i might have to make treatments that i cant and wont be able to afford. What should i do?

Victor

Hesthea wrote: »

My fear is that, since i got hit by the car and i already had a certain health condition which got worse due to it, requires that i might have to make treatments that i cant and wont be able to afford. What should i do?

https://en.wikipedia.org/wiki/Eggshell_skull

Hesthea

Victor wrote: »

https://en.wikipedia.org/wiki/Eggshell_skull

Thank you

nuac

Mod
You should discuss fully with your solicitor and counsel after considering all relevant reports
Will leave open for some general discussion for now
Watch time limits.

drunkmonkey

My mum got hit by a car and she never claimed as it wasn't really the done thing years ago. She really regrets it as she's been dogged with pain as a result of it for the last 30 odd years.
Someone saying ya you might get 5k, I'd get fully checked out first if your still in any kind of pain. 5k is nothing if it doesn't come right. Not all injuries are apparent even a few weeks afterwards could take months.
My only advice is don't jump the gun and take the quick buck.

hullaballoo

I would consider getting a second opinion from a different solicitor (in a different town to the solicitor you have seen).

It's somewhat unusual to tell you at your initial consultation how much your case is worth, particularly where you're still symptomatic. It is also unusual not to tell you that if you win, most of the costs are paid by the defendant. (There will be out of pocket expenses and certain fees you may have to pay in addition but these have to be clearly set out in a letter called a section 68 letter. If you are told counsel have to be paid by you, their fees in estimate must also be set out and again, most of it should be paid by the defendant if you win.)

If you are successful in resolving the claim at the PIAB stage, only a small amount is given in PIAB assessments for legal fees so you may have to pay a larger proportion of the solicitor's fees.

But crucially, all of this should be made as plain as day to you before you proceed.

4ensic15

There is no free legal aid for civil cases such as this. The best you can get is a no foal no fee solicitor. The costs of the PIAB application will not be covered by any fess the other side might be ordered to pay. The best thing to do is get a well-recommended solicitor who is experienced in these cases. Anyone who suggested free legal aid should be avoided. They don't have a clue.

Hesthea

Thank you all for your time in answering me and for your advice.

@Victor I understand what you meant by the link, still the headaches, back pain and neck pain i didn't have before haven't healed/ gone away.

The condition i talked about is one that affects me on my right leg but it was bearable most of the time. Since i got hit by the car both of my legs hurt. I am taking far more medicines, using heat patches and so on. Some days it makes it extremely hard to be able to work due to the pain and reduces my movement which is a bad thing for the type of work i do which requires me to move constantly. I have no quality life atm. I can't even pick up my child or play in certain ways like we did before the accident due to the pain. But i do understand what you mean. Thanks.

@drunkmonkey I am sorry for what happened to your mother. Its a pity that she is suffering from it even after 30y. I have been in pain for 3 months and i can't even imagine how it will be if i have to endure it for that long. At this point in my life i feel like i am the only one being punished for something it wasn't even my fault. The good thing about all this is that if my child was with me on that day it would have been far worse. I still have nightmares in which she is the one getting hit and i wake up scared and have to go to her room to make sure she is alright. This might sound silly to some of you but even though i know i'm in my bed i still need to check on her to know that she is alright. This accident even affected my child in a way or another in the 1st weeks.

@hullaballoo Thank you. I didn't know that. I will try to look for a solicitor in another city and see how it goes. Can you tell me if i have to pay the 1st time i meet with them?

hullaballoo

It depends on the solicitor in question whether you have to pay for initial consultation but most personal injuries solicitors will offer a free initial consultation, I believe.

I would ring a few places and ask what fees are charged for an initial consultation and see what responses you get. I'd avoid using words like "is it free" etc as some may take this to mean you might be trouble when it comes to the bits you do have to pay for.