Re-Claiming After Car Accident??

theflash

Just wondering is it possible to reclaim for a car accident. My wife was in a car crash 2 yrs ago (car crashed into the side of her car). The other driver was totally at fault and she settled out of court with his insurance for a small sum.
Problem is she now has major neck problems(disc out of place) and she is getting worse by the week, she had mri scan shortly after crash which didnt show much and a month ago and there is a big difference. She more than likely will need an operation and she is thinking the insurance company got off lightly.
Anyone got any advice? thanks.

godtabh

theflash wrote: »

Just wondering is it possible to reclaim for a car accident. My wife was in a car crash 2 yrs ago (car crashed into the side of her car). The other driver was totally at fault and she settled out of court with his insurance for a small sum.
Problem is she now has major neck problems(disc out of place) and she is getting worse by the week, she had mri scan shortly after crash which didnt show much and a month ago and there is a big difference. She more than likely will need an operation and she is thinking the insurance company got off lightly.
Anyone got any advice? thanks.

Talk to a solicitor

Mar4ix

my wife has disk out without accident. just was working with computer a lot, and wrong sitting position caused that.

talk to solicitor.

theflash

godtabh wrote: »

Talk to a solicitor

We plan to. But looking for some feedback first. thanks.

MugMugs

Did she settle for personal injury initially? If so, had she undergone medical diagnosis first before settling?

AltAccount

No body here can give you any reasonable advise without seeing whatever you wife signed/accepted as part of her settlement, and without a detailed enough knowledge of the law to know how to interpret or fight the agreement she signed...

Hannibal

as far as I know once you settle out of court thats it and you have no comeback hence why insurance companies are always so keen to offer people money and settle rather than go into the court and face the unknown. Your solicitor should have advised you at the time though

theflash

MugMugs wrote: »

Did she settle for personal injury initially? If so, had she undergone medical diagnosis first before settling?

Yeah to both. She was told by doc that it was whiplash at the time.

MugMugs

It's not unknown for somebody to re claim. Firstly, your wife should have been informed about PIAB. Secondly, she should have been told to obtain legal advice pre settlement. Thirdly, if the quantum of the settlement was not sufficient to match the injury suffered it can be ruled to be unfair and she can further the claim receive a reward minus what she already got.... Fourthly, any documentation stating "in full and final settlement" is rubbish.... I've seen courts laugh at certain recently in trouble insurers over that bull. Finally, go to a solicitor and get professional advice.... For all you know, the closest any of the people here have to come to law is watching Judge Judy in our underwear.


Edit: To answer your question, it is possible, yes....

theflash

MugMugs wrote: »

It's not unknown for somebody to re claim. Firstly, your wife should have been informed about PIAB. Secondly, she should have been told to obtain legal advice pre settlement. Thirdly, if the quantum of the settlement was not sufficient to match the injury suffered it can be ruled to be unfair and she can further the claim receive a reward minus what she already got.... Fourthly, any documentation stating "in full and final settlement" is rubbish.... I've seen courts laugh at certain recently in trouble insurers over that bull. Finally, go to a solicitor and get professional advice.... For all you know, the closest any of the people here have to come to law is watching Judge Judy in our underwear.


Edit: To answer your question, it is possible, yes....

Cheers for that. She didnt get a solicitor at the time. Obviously looking back she should have.

nogoodnamesleft

I reckon you should seek professional legal advice.

If it was settled out of court you had to sign a form stating that you are settling for x amount and that the case would be closed from future litigation proceedings.

You would also have to prove that the injury occurred as a direct cause of the road traffic accident and not because of another accident or event since then. This could prove extremely difficult due to the sheer amount of time.

MugMugs

Indeed.... Easy argument, "how was I to know what that medical report meant" Courts are generally sympathetic to the "vunerable" as such, it pays to be ignorant sometimes.... Best of luck anyway.....

Otis Driftwood

To be honest,with the time frames involved,ie 2 years,I really dont think you have a hope in hell.The general rule of thumb is that if there isnt any injury claim within 6 or so months of the settlement being initially made then thats it done and dusted.

Any decent solicitor could argue that she had a degenerative condition prior to the accident and although the accident may have aggravated it,it didnt directly cause it.

MugMugs

Otis Driftwood wrote: »

To be honest,with the time frames involved,ie 2 years,I really dont think you have a hope in hell.The general rule of thumb is that if there isnt any injury claim within 6 or so months of the settlement being initially made then thats it done and dusted.

Any decent solicitor could argue that she had a degenerative condition prior to the accident and although the accident may have aggravated it,it didnt directly cause it.

Assuming her history and medical notes show no previous issues, how could they argue she had a pre existent injury non relevant to the claim. People generally go to the doctor when they are injured....

theflash

Thanks for the input. I guess it could go either way. I will be in touch with a solicitor as soon as.

keithclancy

theflash wrote: »

Just wondering is it possible to reclaim for a car accident. My wife was in a car crash 2 yrs ago (car crashed into the side of her car). The other driver was totally at fault and she settled out of court with his insurance for a small sum.
Problem is she now has major neck problems(disc out of place) and she is getting worse by the week, she had mri scan shortly after crash which didnt show much and a month ago and there is a big difference. She more than likely will need an operation and she is thinking the insurance company got off lightly.
Anyone got any advice? thanks.

Your most likely screwed, talk to a solicitor.

Otis Driftwood

MugMugs wrote: »

Assuming her history and medical notes show no previous issues, how could they argue she had a pre existent injury non relevant to the claim. People generally go to the doctor when they are injured....

Well she now has a slipped disc in her neck and at the time of the accident she had an MRI done and it didnt show anything so if at the time of the accident she had no major symptoms but now has a slipped disc,how can you say the accident caused it directly?

MugMugs

Otis Driftwood wrote: »

MugMugs wrote: »

Assuming her history and medical notes show no previous issues, how could they argue she had a pre existent injury non relevant to the claim. People generally go to the doctor when they are injured....

Well she now has a slipped disc in her neck and at the time of the accident she had an MRI done and it didnt show anything so if at the time of the accident she had no major symptoms but now has a slipped disc,how can you say the accident caused it directly?

I can't, but its not my job too.... If as the OP says, they feel its related to the claim then go for it. It's not unknown for slipped discs not to be picked up on....

kennM

I'd say it will be an uphill battle.... get onto a solicitor. Also bear in mind that there is a 2 year limit from date of accident to file with PIAB..... so be aware of that.

Thats why insurance companies often want to settle personal injuries quickly after an accident, full affects aren't known and person sees X thousand and thinks great. When they have had time to live with the effects and ongoing treatment etc. viewpoints, treatment costs will become more apparent.

Hopefully it works out for you.

shansey

how did this go??

theflash

shansey wrote: »

how did this go??

The solicitor we spoke to said there was very little hope of re claiming. Because of the time since the accident and medical reports etc etc.