What happens next- another question...

[kira000]

Thanks for all the responses to my previous thread (http://www.theanswerbank.co.uk/Insurance/Quest ion762774.html)

If anyone would be so kind, would you be able to answer two final questions?

My solicitor has now written telling me he advises making a Part 36 offer, consisting of General Damages and Financial Loss. The Financial loss consists of the physio treatment, mileage to and from treatment, medication and incidentals (phone and letters).

My questions:

1)I havent paid for the physio- it was recommended and arranged by the insurers. At the time they recommended i went for treatment, they didnt not advise me that if the 3rd party refused liability, i would be paying for it- i suppose i assumed the cost was covered by the insurance if they didnt get it back from the insurers. Reading the letter now telling me it was on credit, after my 8 sessions, seems a bit naughty! Should they have told me this upfront to give me the option? Or is that normal when they are convinced a party is not at fault?

2) Secondly, given that i havent paid for the physio and they are including it in financial loss, i assume that they will actually deduct that proportion from the final amount?

Am i understanding everything correctly?

[wishy123]

1) You mention that 'the insurers' paid for the physio. If this was your own insurers then you are right - they or the solicitors should have told you up front that it was on credit, otherwise the debt is unenforceable against you (or indeed against the TP Insurers). You probably received a vast bundle of paperwork from your solicitors when the claim was first taken on, and this 'detail' is probably hidden in there somewhere.
2) Yes, anything you haven't paid for will be reimbursed to whoever paid for it, not you.