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Title: How can I get an interim payment for new accommodation?

Date: 05 August 2015

Question

I came off my bike just over two years ago and suffered a serious spinal cord injury which left me in hospital for months and has left me in a wheelchair. I agree with my rehabilitation expert (paid for by the third party insurer) that my home is not suitable considering my limitations. I am unable to get access to upstairs due to the stairs but I cannot afford to move. I have mentioned this to my solicitors but they have offered me no help.

Liability has been admitted by the other side but they are unwilling to pay any further money at this time. I need money to find alternative accommodation and as the expert has recommended a house move I don’t understand why its not happening. Is there anything else that my solicitors can do to move things forward? Surely there is a way of forcing the other side to pay more?

John Balfrey

Answer

Your solicitor could issue court proceedings and make an application to the court for a substantial interim payment to fund the house move. If the court approves the payment the Defendant would have no choice but to pay.

If court proceedings have not been issued your solicitor should discuss with the other side the reasons for the refusal to make a substantial payment. You have not provided me with details of the interim payments of damages that you have received to date but given the severity of your injuries you will be receiving a very large settlement and judges will consider the likely total award when considering applications for substantial interim payments.

Your solicitor should ensure that insurance is in place to protect you from the risk of having to pay the Defendant’s costs if you lose your application. Your solicitor should instruct an accommodation expert to prepare a report for the court justifying the move and costing it.

Sometimes a suitable property in Claimant’s area is not available and in such cases an architect can be instructed to draw up plans for either adapting an existing property or dealing with the costs of designing and building a suitable property.

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