Respondent refused to allow Injuries Board Assess Claim - Confused

Teacup2014

I had neck and back injuries following a rear end incident almost a year ago, the respondents insurance company kept in contact with me and said they wanted to agree a settlement with me (me only, car was ok). As I was still under medical care (Physio) I informed them I would be going the Injuries Board Route. Once Physio etc. finished and I felt reasonably well I input my claim via Injuries Board. Last Friday I received a letter saying that the respondents had refused to allow it to be assessed after earlier requesting my medical reports.

I wasn't expecting a big payout or anything of the sort but expected a settlement to reflect the pain etc. I had gone through and given they had looked to settle it for about 3 months with me.

Now I'm confused as to whether it is worth pursuing through the court, I don't have a solicitor as I am out of work due to being a full time carer for my child and barely holding onto my home. I am well aware of the compo culture that is out there which unfortunately paints most people with the same brush but I spent 5 hours braced down on a back board, needed morphine for pain etc but thankfully after medication etc. I can do almost everything I could prior to this.

Just wondering if anyone knows the success rate for people who have gone the court route, I can't afford to be left with a large bill but also feel there should be some acknowledgement for the injuries/ pain which were not my fault, the driver acknowledged they did not see the traffic stop as they had dropped something. Any advice (not asking for legal) on if its worth going further with it, thanks

Claw Hammer

You will easily be able to find an "no foal, no fee" solicitor. You should ideally check with relatives or friends who have had compensation claims and get a recommendation.

kilp10

Teacup2014 wrote: »

I had neck and back injuries following a rear end incident almost a year ago, the respondents insurance company kept in contact with me and said they wanted to agree a settlement with me (me only, car was ok).

Do you mean your car wasn't damaged at all..?? If it wasn't, then maybe the other party might be disputing that the impact wasn't sufficient to cause damage. They were possibly offering a settlement early as they'd get away with a much smaller amount than if it were to go through the process. Sometimes they might refuse to allow it to be assessed if they want to see how serious you are about pursuing it given there could be a dispute over the amount of damage you suffered. Best to seek legal advice and see if you have a strong enough case to win if you feel strongly enough about it.

As Claw Hammer stated, most solicitors will go on a no foal, no fee, but they'd want to be fairly confident of a win or you could end up with the other party's legal costs.

Pat Mustard

kilp10 wrote: »

most solicitors will go on a no foal, no fee, but they'd want to be fairly confident of a win or you could end up with the other party's legal costs.

The OP says that he was rear ended by a driver who was not paying attention and that there is no Injuries Board assessment to beat. If that's the case, one would think that there should be little difficulty in finding a solicitor.

Unclear if liability is an issue but no doubt that could be cleared up pretty quickly.

Fred Swanson

This post has been deleted.

Pro Hoc Vice

Teacup2014 wrote: »

I had neck and back injuries following a rear end incident almost a year ago, the respondents insurance company kept in contact with me and said they wanted to agree a settlement with me (me only, car was ok). As I was still under medical care (Physio) I informed them I would be going the Injuries Board Route. Once Physio etc. finished and I felt reasonably well I input my claim via Injuries Board. Last Friday I received a letter saying that the respondents had refused to allow it to be assessed after earlier requesting my medical reports.

I wasn't expecting a big payout or anything of the sort but expected a settlement to reflect the pain etc. I had gone through and given they had looked to settle it for about 3 months with me.

Now I'm confused as to whether it is worth pursuing through the court, I don't have a solicitor as I am out of work due to being a full time carer for my child and barely holding onto my home. I am well aware of the compo culture that is out there which unfortunately paints most people with the same brush but I spent 5 hours braced down on a back board, needed morphine for pain etc but thankfully after medication etc. I can do almost everything I could prior to this.

Just wondering if anyone knows the success rate for people who have gone the court route, I can't afford to be left with a large bill but also feel there should be some acknowledgement for the injuries/ pain which were not my fault, the driver acknowledged they did not see the traffic stop as they had dropped something. Any advice (not asking for legal) on if its worth going further with it, thanks

Any good local solicitor will at least talk to you for free, and advice on the likelihood of success. The vast majority of solicitors will take on such a case "no win no fee" .

Be aware of time limits and seek advice sooner rather than later. By the way all you describe is standard practice for an insurance company, remember its in their interests to give you nothing at all.

Teacup2014

Thanks for all the replies, Kilp 10 no damage done to my car as the other driver hit my hitch so there car took the damage (albeit not too much). I am sincere about my injuries or I wouldn't even consider going the court route, I acknowledged that my injuries have improved to almost perfect due to physio and medication, as I said I wasn't expecting a large amount of money but some recognition of the pain I suffered.

kilp10

Teacup2014 wrote: »

Thanks for all the replies, Kilp 10 no damage done to my car as the other driver hit my hitch so there car took the damage (albeit not too much). I am sincere about my injuries or I wouldn't even consider going the court route, I acknowledged that my injuries have improved to almost perfect due to physio and medication, as I said I wasn't expecting a large amount of money but some recognition of the pain I suffered.

Don't you love hitches for that reason :-) don't get me wrong, I didn't mean to come across as implying that you weren't sincere, just that the other side might find a loop hole on it. I'm sympathetic to anyone who suffers after a crash as I've had nearly 18months of pain myself after one. Liability sometimes isn't enough as has been seen in reports recently. But a good solicitor will advise you best & as has been said, very often the initial consultation is free. Best of luck with it.

kennM

Teacup2014 wrote: »

Thanks for all the replies, Kilp 10 no damage done to my car as the other driver hit my hitch so there car took the damage (albeit not too much). I am sincere about my injuries or I wouldn't even consider going the court route, I acknowledged that my injuries have improved to almost perfect due to physio and medication, as I said I wasn't expecting a large amount of money but some recognition of the pain I suffered.

Hi Teacup... speculating here but going through the process myself... a lot further down the road.

IMO the insurance company are playing games. They've also spoken to you directly, so part of that will also be assess how sternly you will pursue this. Ultimately they have one primary goal, to look after the bottom line. I don't recall seeing compassion, understanding, empathy and generosity on any claim handler job specs I've seen. I would think that its a calculated gamble on their behalf on the basis that if they say no & you're not prepared to go down the court route then they've got out of a perfectly valid claim that they are liable for.

Ultimately its your decision... we don't know the circumstances of the accident and can only speculate. The fact that someone hit you from behind would lead me to believe you have a strong case. Best route is legal advice. Chances are it will take time but solicitor is best to advise on that. You've genuinely suffered and have out of pocket expenses and disruption that you deserve to the compensated for.

Hope it helps a little.... know exactly how you feel and what you're going through.

Teacup2014

Thanks again everyone for the feedback, appreciate it