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Query re Injuries Board Claim & Solicitor advise pls

  • 27-11-2012 11:11am
    #1
    Registered Users, Registered Users 2 Posts: 8


    Hi,
    I am hoping someone could assist me. Without giving too much info I was in a cycle incident recently. Basically I was cycling and had an accident with a car - I was in the right and there are witnesses. At the time I was a bit shaken and embarassed (although not my fault) and thought I was ok except for some sore ribs and bruising but over the next number of days I got sorer and sorer and am now in almost constant pain. I am off work. I am on alot of expensive meds and have started seeing a physio (85 euro a pop and have 2 visits this week). My dr apts and meds came to close on 200 euro and now with the physio I am going to have to make a claim to try to recoup the cost as I just cannot afford to be out of pocket this much. The Physio says that my type of injury has a recovery time of between 3 months & 3 years so I really don't know how long this will continue for. So I have looked up a bit and see that I need to submit a claim to the Injuries board. Could anyone advise how best to go about this - should I get a solicitor to do this for me or should I do it myself? I reported it to the guards and still have to make a statement. I wouldnt be the type of person to pull the p and my family tell me I am silly but I do feel really bad thinking about claiming but I just cannot afford to be out the money it's costing me. So I suppose I would like some pointers on how I should do this - If I should get a solicitor should I go with the 'no win no fee' solicitors or just go with a solicitor I know myself?
    Thanks in advance.


Comments

  • Registered Users, Registered Users 2 Posts: 8 Phlux


    The guard has asked for a medical report - I read on here that gp's charge in excess of 200 euro - Is this normal? Sounds crazy. Should I get the GP & Physio to fill this in. Just wondering as although I have been to the GP a few times and he has alot of my history, the Physio knows more about the actual injury I sustained. TIA


  • Closed Accounts Posts: 11,255 ✭✭✭✭Esoteric_


    I don't know if this will be any use, but I'll explain what I did with the Injuries Board.

    I got a form online, filled it in and sent it away. This cost me 45 euro.

    They requested a medical report, which they sent me the forms for. I went to my GP to have it filled out. This cost 250 euro.

    The Injuries Board then contacted the respondent and three offers were made in quick succession, the last of which I took. I'm not 100% sure how it works if the respondent doesn't co-operate, though.

    I wouldn't get a solicitor IF you choose to go through the Injuries Board. They're there so that you don't need a solicitor!

    As for the medical report for the Gardaí, yes you will be charged for it, but IF you win a case, once you have receipts for everything, you should be able to claim expenses if the other party is found to be liable.

    I'm sure you'll get some better advice than that from other posters, but that's how I did things. Good luck.


  • Registered Users, Registered Users 2 Posts: 8 Phlux


    Thanks a mill Lynda. That sounds very straightforward. I was a bit shocked by the 250 for a medical report. There are just so many expenses between docs, meds and now even making a claim to try to recoup. So do you claim expenses as a seperate process? Can I ask how long the whole process took for you?
    Thanks a mill


  • Closed Accounts Posts: 11,255 ✭✭✭✭Esoteric_


    Phlux wrote: »
    Thanks a mill Lynda. That sounds very straightforward. I was a bit shocked by the 250 for a medical report. There are just so many expenses between docs, meds and now even making a claim to try to recoup. So do you claim expenses as a seperate process? Can I ask how long the whole process took for you?
    Thanks a mill

    Yeah, my expenses ran up into the thousands so I really feel your pain! On the form for the injuries board, you can claim expenses, but seriously keep all of your receipts!

    My case didn't get to the final stages because I settled after a few offers from the respondent, but in all, it took me from the start of May til the end of July, so only a couple of months. That's extremely unusual though, it can usually take around a year.


  • Registered Users, Registered Users 2 Posts: 2,992 ✭✭✭McCrack


    If you don't wish to get shafted by the insurance company of the driver that caused your injuries or indeed by the Injuries Board who are a pawn of the insurance industry and in their pockets then seek professional and independent advice from a solicitor. Simples.


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  • Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Not putting the right thing on the form can be used to destroy the claim afterwards. It is essential that a claimant does not leave themselves open to an accusation of exaggeration or fabrication. Claims where this happens are being thrown out every day of the week. A recommended "no foal, no fee solicitor" should be consulted right away.


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    LyndaMcL wrote: »
    I don't know if this will be any use, but I'll explain what I did with the Injuries Board.

    I got a form online, filled it in and sent it away. This cost me 45 euro.

    They requested a medical report, which they sent me the forms for. I went to my GP to have it filled out. This cost 250 euro.

    The Injuries Board then contacted the respondent and three offers were made in quick succession, the last of which I took. I'm not 100% sure how it works if the respondent doesn't co-operate, though.

    I wouldn't get a solicitor IF you choose to go through the Injuries Board. They're there so that you don't need a solicitor!

    As for the medical report for the Gardaí, yes you will be charged for it, but IF you win a case, once you have receipts for everything, you should be able to claim expenses if the other party is found to be liable.

    I'm sure you'll get some better advice than that from other posters, but that's how I did things. Good luck.

    Can I ask how you knew the third offer was full value for your injury.


  • Closed Accounts Posts: 11,255 ✭✭✭✭Esoteric_


    Can I ask how you knew the third offer was full value for your injury.

    It wasn't, and I knew it wasn't. A friend who is a solicitor with experience in personal injuries told me what to expect, and from looking at the book of quantum, I know that what was offered to me was a lot less than what I would have gotten had it gone further. However, due to mental health implications from the accident (let's just say I wasn't treated very nicely after the accident), I was in no fit state to continue with the case and was advised by my doctor to settle for the sake of my mental health.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Phlux wrote: »
    Could anyone advise how best to go about this - should I get a solicitor to do this for me or should I do it myself?
    It is possible to complete the forms yourself, without using a solicitor. I don't think that this is advisable.

    A solicitor may cost somewhere in the region of €1800 or so, but those costs are a matter between you and the solicitor. You should check what the fees are likely to be.

    If you have a solicitor, you are paying to get value for your claim and proper advice. The solicitor will deal with the insurance company if it makes a settlement offer or offers, and will advise you on whether or not those offers represent good value. If an assessment is made by the Injuries Board, you will need professional advice on whether it should be accepted. Again, you should have a solicitor to advise you, as accurate, up-to-date information is not easily available to the public.
    Phlux wrote: »
    If I should get a solicitor should I go with the 'no win no fee' solicitors or just go with a solicitor I know myself?
    Thanks in advance.
    Most general practices will deal with these matters on a 'no foal no fee' basis. Some may ask you to discharge the costs of medical reports as they arise. You should ask this question.

    In my opinion, when you engage any trade or professional services, you are probably better off to go with somebody that you know and trust, or to get a recommendation from somebody that you know and trust.


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    LyndaMcL wrote: »
    It wasn't, and I knew it wasn't. A friend who is a solicitor with experience in personal injuries told me what to expect, and from looking at the book of quantum, I know that what was offered to me was a lot less than what I would have gotten had it gone further. However, due to mental health implications from the accident (let's just say I wasn't treated very nicely after the accident), I was in no fit state to continue with the case and was advised by my doctor to settle for the sake of my mental health.

    I'm not here to push business towards solicitors at all, but I would just point out that having a good agent deal with anything will often lessen the stress of it for you - whether its by giving you a shoulder to cry on, providing neutral advice uninfluenced by external pressure etc.

    Basically, litigation can be stressful, for some more than others, and having a decent solicitor look after it should minimise that as much as possible - it would be a shame if people were getting less than they should because they felt unable to handle the personal impact of pursuing their claim, in circumstances where getting someone else to do it for them could ultimately give them the necessary support to get what they are entitled to.


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  • Registered Users, Registered Users 2 Posts: 8 Phlux


    Firstly I would like to apologise for my late reply - had a sick baby and sick husband over the past week so on top of my injuries I was off the radar.

    Thanks to everyone who responded - the replies certainly gave me food for thought and I think I will make contact with a solicitor we know. I am in a lot if pain and its mentally draining so I could really do without having to deal with it myself and I really don't have the knowledge to go about things myself anyway. Lynda, I understand why you did and having a solicitor friend was a great benefit. I was diagnosed with post traumatic stress - didn't realise that was it until a week later I was constantly crying and very depressed and the doctor explained its totally normal after an accident so taking that into account I am probably in no state to have to handle things myself.

    I appreciate the info - thanks a mill


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