Part 36 offer payment

[Stella66]

I received a part 36 payment offer 2 weeks ago from a third party insurer following a car accident last June. I accepted the offer within the required time limit, does anyone know what will happen next? When am l likely to receive the payment? Will it be paid through the court or should l expect a cheque through the post? The offer was for the injury element of the claim, they have not made any offer for my loss of earnings claim. Does accepting the injury claim nullify my loss of earnings claim?

[BertiWooster]

If you have solicitors acting for you or a claims handling firm , then they will advise you .
Without knowing the full facts of the matter , it is difficult to give you a definitive answer .

However , i will make some assumptions

1. You have one or other of the above mentioned , representing you
2. You mentioned the court - so presumably the claim was the subject of litigation .
3. You are not a minor ( i.e under 18 years of age )


You should receive your payment from the other party's insurer , via your representative , subject to the directions of the court .

If you have a loss of earnings claim , which was not included as part of a schedule for special damages in the court papers , then you wont be able to pursue that head of claim now ( unless your representative had an agreement with the the other party's insurer to deal with that aspect of the claim , outside of the court proceedings )

There are circumstances where you can apply to he court to have an additional head of claim included in the procedings - but that would only be at the descretion of the court .

I have just noticed that you mentioned last June - if you have not received your damages yet , I can only assume that the claim is still ongoing .

Incidentally , a ' Part 36 offer' is a mechanism under the Civil procedure Court rules , which is design to have costs consequenses if you do not accept the offer , and you the recepient of the offer fails to beat that offer in court , should the matter proceed - or if it is accepted out of time .

I think I will stop there

If the foregoing doesn't answer your question - if you care to provide some more information , i will try and assist further