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Compensation claim

  • 05-05-2014 6:00pm
    #1
    inisor
    Registered Users Posts: 16 ✭


    i was in an accident a few months ago and was 100 per cent not at fault, the other driver took 100 per cent responsibility, long story short they are now trying to make us take 50/50 responsibility and we're refusing so it look like a legal battle will commence, in terms what type of procedure will i have to go through for the injury claim is it just a physical examination or does it consist of other tests etc? thanks


Comments

  • #2
    maccydoodies
    Registered Users, Registered Users 2 Posts: 368 ✭✭maccydoodies


    Do you have an injury?


  • #3
    inisor
    Registered Users Posts: 16 ✭inisor


    maccydoodies wrote: »
    Do you have an injury?

    yes to my neck and shoulder and have had ongoing physiotherapy for 7 months


  • #4
    maccydoodies
    Registered Users, Registered Users 2 Posts: 368 ✭✭maccydoodies


    inisor wrote: »
    yes to my neck and shoulder and have had ongoing physiotherapy for 7 months

    Sorry to hear that.

    A compo claim usually involves you submitting your own drs report and more than likely you will have to go for a medical with a dr of choice from the respondents insurance company. A physiotherapists report would do no harm either , that's if you are willing to pay the outlay and claim it back. You should get proper legal advice as soon as possible.


  • #5
    kennM
    Registered Users Posts: 603 ✭✭✭kennM


    inisor wrote: »
    i was in an accident a few months ago and was 100 per cent not at fault, the other driver took 100 per cent responsibility, long story short they are now trying to make us take 50/50 responsibility and we're refusing so it look like a legal battle will commence, in terms what type of procedure will i have to go through for the injury claim is it just a physical examination or does it consist of other tests etc? thanks

    Will try and keep this as short as possible, I presume accident was reported to your insurance company and their insurance company.

    Tell them (their insurance company) that you intend on making a personal injuries claim... presume this is already done.

    All personal injuries claims legally have to go through the Personal Injuries Assessment Board (there are some other minor categories that don't but this case does). So whats involved? You can do it yourself but given the question over liability the best bet is probably getting a solicitor. Solicitor will take you through the process.....

    At the most basic level: Plaintiff (you) outlines the injuries that were suffered (including medical report I believe) and identify the respondent (person you identify as responsible for causing those injuries). The respondent (i.e. their insurance company) has up to 90 days to respond to the injuries board to indicate whether they are accepting or rejecting liability. If liability is in dispute they say so and the Personal Injuries Assessment Board provide authorisation for you to pursue your claim through court.



    Going through PIAB process - Assuming they accept liability its likely that PIAB will send you to their own independent medical professional to review injuries suffered, symptoms, etc. etc. etc. This medical professional then submits the report to PIAB for their deliberations.


    Going through court process the defence are entitled to have you seen & reviewed by a defence medical professional, again for the same purpose.

    Regarding tests, radiology etc. etc. etc. I don't know what is legally required. In my situation all my radiological material was reviewed to confirm nature of injuries suffered and allowing medical professionals to arrive at long term prognosis etc.

    Hope this helps, there is a lot to this area and just answering question at hand.

    Not in legal profession, just going through the process myself...


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