Injured disabled person

rootedhaggis

Hi,
I am permanently disabled with multiple conditions and have a full time carer. I was recently a passenger in our family car when we were hit from the rear and I was hurt. Mainly neck and knee, all soft tissue injury, but this severely exacerbated my condition. Saw my GP, have to take a lot more meds. My question is really about what to expect from the other party's insurance assessor who is coming to our home soon to 'talk'. The fault has obviously been accepted on their part as we have been given the go ahead to fix the car and were given a hire car. Mainly I am worried they might use my existing disability to avoid paying my injury claim and I don't know whether to just go straight to the Injuries board or wait to see if I get a fair offer. Will it affect my rights if I see what they offer first? I don't like solicitors, I'd prefer this settled quickly to avoid stress and further strain on my conditions. All advice greatly appreciated.

Cody Pomeray

Very sorry to hear that.

There is no apparent reason why a pre existing disability, presuming it i already well documented, should be a barrier to the PIAB in assessing further injuries.

Moreover, hearing an offer does not negate your route through the injuries board.

By all means listen to what they have to say, but seek legal advice. If you cannot afford legal advice, be (cautiously) mindful of an estimating tool on the PIAB website. This might be of no help, depending on the complexity of your injuries.
http://www.injuriesboard.ie/eng/How-to-make-a-claim/Estimate-your-claim/

Pat Mustard

Options:

1. Go to a solicitor who does this every day and get proper advice, or,

2. Go it alone. Although no legal advice is allowed here, you will receive practical advice which will vary from good to bad. There are people who post on this forum who are knowledgeable lawyers or experienced practitioners. Some posters simply have excellent common sense and general knowledge. There are other posters who are complete muppets. The single thing that all of these people have in common is that they won't take any responsibility for anyone else's problems. Insurance companies employ experienced claims handlers who are happy to settle quickly, at a discount. Therefore, it may not be a fair fight.

You mentioned that you are aware of a complicating factor regarding your previous injury. You should bear that in mind when you make your decision regarding the above options.

kennM

Good advice already above but one thing I'm surprised that hasn't been mentioned is: TAKE YOUR TIME.

The accident has only recently occurred and you are still symptomatic and haven't recovered to your normal condition. Naturally an insurance company is happy to settle as quickly as possible. If you do have long lasting issues because of the accident then they will not have manifested as yet.

There is absolutely no harm in having a chat to them, the big risk is the temptation to settle early assuming everything will recover fine.

They cannot use your existing disability as a reason to not pay your claim.

Hope this helps

McCrack

Go to a solicitor. Don't deal with the insurer yourself.

My opinion and not advice is id expect the Injuries Board would kick it out anyway because of your condition/complexity of injuries vis a vis your disability which would be great because the Injuries Board is essentially in the pockets of the insurance industry and I've yet to see injured people get a fair assessment from them.

Also the Injuries Board has a 12 month window to make their Assessment. 12 months is too short a time to make a fair Assessment on injuries that haven't settled and a prognosis known which is generally the case in these matters.

Coopaloop

Have a good read of the drivers insurance policy,they may have an add on for legal protection and assistance,you should be able to avail of the service as you were a passenger. This cover offers free legal advice and assistance with claiming through the injuries board and it won't cost you or the driver a thing.
Best of luck.

kennM

McCrack wrote: »

Go to a solicitor. Don't deal with the insurer yourself.

My opinion and not advice is id expect the Injuries Board would kick it out anyway because of your condition/complexity of injuries vis a vis your disability which would be great because the Injuries Board is essentially in the pockets of the insurance industry and I've yet to see injured people get a fair assessment from them.

Also the Injuries Board has a 12 month window to make their Assessment. 12 months is too short a time to make a fair Assessment on injuries that haven't settled and a prognosis known which is generally the case in these matters.

Hey Rootedhaggis,

Just to put your concerns at ease here.... what McCrack means here is that they will issue authorisation to pursue through the courts. Not kick it out saying you're not entitled to compensation.... I'd tend to agree with McCrack also based on my own personal experience. Not in legal/insurance industry, just going through the process myself.

Santa Cruz

Existing condition should not be an issue once you have evidence of medical attention which was necessary as a result of the incident.
"You take your victim as you find him" is an old legal saying. e.g. if a person with a serious heart condition is assaulted and dies as a result in circumstances where a healthy person would have survived it does not give any dispensation to the culprit or lessen his culpability

scotgirl

Thanks for all your advice guys, The other insurers have obviously assessed we aren't at fault as they have told us to get a quote for the car repairs and gave us a hire car (which strangely, charged us 80 Euro for!?) Plus their 'field operative' wants to visit us on Monday...I don't know why as some dude already took pics of the car etc. I will just have to hear him out and take it from there, even though I really dislike solicitors!! lol

Pro Hoc Vice

scotgirl wrote: »

Thanks for all your advice guys, The other insurers have obviously assessed we aren't at fault as they have told us to get a quote for the car repairs and gave us a hire car (which strangely, charged us 80 Euro for!?) Plus their 'field operative' wants to visit us on Monday...I don't know why as some dude already took pics of the car etc. I will just have to hear him out and take it from there, even though I really dislike solicitors!! lol

You really dislike solicitors, but would take legal advice from total strangers on the Internet, you are willing to meet a claims handler from an insurance company who's only interest is buying you off cheap, but you dislike all solicitors. Why do you dislike solicitors have all solicitors treated you badly in the past?

naughtyfox

Please seek advise from a solicitor, best option by far and alot less stressful for you.