what are my entitlements
Submitted by tonyjonestwo on Wed, 01/02/2012 - 19:12
If I've been involved in a car accident, as claimant for personal injury, am I entitled to a copy of the opponents motor engineers report on the car damage? Proceedings are currently under negotiation and i would like to know if I am entitled to a copy of the damage report to use as evidence?
Previously my solicitor categorically tld me that the opponents " had to issue the report by law" but now i am getting messages that I have no entitlement to this evidence, can anyone advise?
Thank you
Anything they intend to rely
Anything they intend to rely on in court will need to be disclosed to you (your solicitor).
so will i need to wait
so will i need to wait until a trial date has been issued, or, does it apply from the moment of proceedings whilst initial negotiations are taking place? At present no date for trial has been set, but proceedings have been issued.
Thanks again for kindly advice.
Presumably you are the
Presumably you are the claimant, so particulars of claim have been issued by you? Have they filed their defence as yet? Once they do so, then it is expected they will file any evidence they wish to rely on. There doesn't seem to be any reasonable reason for them to withhold this information now if they intend to rely on it in court.
I suggest you ask your solicitor to request it from them.