Likelihood of Injuries Board declining assessment

goz83

I was in an RTA in April this year, where I was rear ended. I have a badly slipped disc in my lower spine and 2 slipped discs in my neck, which cause less trouble than the lower back injury. I was unable to drive for 5 months and in the end, had to sell the car (I had purchased a few weeks prior to the accident) and buy a car with automatic transmission, because of loss of power in my left leg, especially when sitting.

I had MRI scans on my lower back and neck, which show the extent of the injuries. The surgeon and two other doctors at the hospital have said I will need surgery, but the surgeon has yet to write to my GP confirming this. They are so slow.

I am waiting to be seen at the pain clinic, but this won't be for 12 months according a letter received today and God knows how long I will be left waiting for surgery . My pain is chronic and medication is increased at each renewal, usually each month. My GP has written an accurate report at the request of my solicitor (though he forgot to add that I hadn't been able to drive, which was a big thing for me). The report stated that a full prognosis was not possible, as my GP was waiting to hear from the pain clinic (even though I won't have an appointment for a year) and the surgeon (who I have written to, requesting he inform my GP of the decision to operate).

My Solicitor has sent the application to the injuries board, with the medical report. My question is, how likely are they to refuse to assess my claim, due to the missing comprehensive prognosis? If they did make a refusal to assess the claim, how soon would I know?

Little CuChulainn

Very likely they will refuse to assess if you are still awaiting treatment.

nuac

As Cú Chulainn above.

Your injury seems serious. Injury Board may pass on it.

Talk to your solicitor

goz83

Little CuChulainn wrote: »

Very likely they will refuse to assess if you are still awaiting treatment.

Would this mean a delay with the injuries board, or would it mean it would be necessary to go to court, moving past the injuries board at an early stage (which would also be a delay, i know)? I will speak to my solicitor, but would be interested in your opinion.

goz83

So, since i opened this thread, my injury has got worse. It is suspected i could also have a slipped disc in my thoracic spine, on top of the other confirmed injuries. I also collapsed a couple of days ago and was taken to A&E and treated. I was unconscious for a period of time.

The injuries board have since sent me a letter to say that they will be assessing the case and informing the other party. I am wondering if they should be informed of the recent events, or if I should just let things move as normal. The insurer has moved out of Ireland, which is of some concern, so I would prefer no delays. Any thoughts?

kilp10

The likelihood is pretty strong that they will pass on assessment, however, how long before they decide this is open. If the other side agree to assessment within the 90day notification window, PIAB have up to a year to decide whether they will assess or not. Whether they will use up all that time is another matter. They might decide early on that the likelihood of recovery within their assessment timelines is unlikely and therefore release it or they might hold out as long as possible.

Best advise, as you have a solicitor to deal with it, is sit back and put it out of your head, concentrate on your recovery and what will be will be in relation to PIAB. You could be waiting months or years for the case to finally settle. Yes, it's frustrating because not only do you have the medical health worry, there's also the financial worry trying to pay for treatment to get yourself right. But patience unfortunately is key, especially given the nature of your injuries. If the other side decline assessment, then it will get kicked out of PIAB after the 90days. Doesn't sound like you would want to be pushing to settle too early either way though. Take the time that is necessary or until you have a clear long term prognosis. Make sure your doctor has it noted on file about the driving so that it will be included if and when an updated medical report is required. I have an open case myself at the moment and review everything through my solicitor before it gets submitted to be sure it's accurate.

PS. feel free to pm if you have any questions. Keeping some kind of sanity is kind of difficult in dealing with all of this sometimes!!

kennM

goz83 wrote: »

So, since i opened this thread, my injury has got worse. It is suspected i could also have a slipped disc in my thoracic spine, on top of the other confirmed injuries. I also collapsed a couple of days ago and was taken to A&E and treated. I was unconscious for a period of time.

The injuries board have since sent me a letter to say that they will be assessing the case and informing the other party. I am wondering if they should be informed of the recent events, or if I should just let things move as normal. The insurer has moved out of Ireland, which is of some concern, so I would prefer no delays. Any thoughts?

Hey Goz,

Completely understand your concerns. Was in a bad motorbike accident back in 2010 and had similar situation regarding ongoing injuries during PIAB timeframe. I can only give you an idea of what happened to me and hopefully that helps, feel free to PM.... I know how difficult all this c%%p can be mentally, never mind physically & financially.

Hard to say what PIAB will do... as you know, they write to the respondent to determine if they are accepting/disputing liability. What the insurance company may do, they did in my case, is simply fail to reply in the 3 month window. PIAB then determine if they are going to proceed or not. I understand it is implied that liability isn't in dispute if the insurance company fails to respond HOWEVER THIS IS NOT BINDING, the still may fight down the line. They did for me, well tried to fight but rolled over the hard way at the 11th hour.

Long story short... was 9 months in PIAB, PIAB decided to extend by a further 6 months (awaiting report from my specialist) then extended by a further 3 months (if memory serves). After all that they decided to decline to make an assessment and gave authorisation to pursue to court and off we went.

I offer the following advice and can't stress it enough.

YOUR HEALTH IS 100% PRIORITY. DO NOT EVEN THINK ABOUT SETTLING UNTIL YOU ARE EITHER 100% RECOVERED OR THE LONG TERM PROGNOSIS IN CERTAIN. For me I had a medico legal report stating that my most serious injury would be fine in 4/6 months. 12/18 months later I was in surgery for it twice, out of work for a further 3 months and left with life long issues. Don't be afraid to get second opinions on medical items too.

I was naive at the beginning medically and legally.... thanks to many helpful folk on here I learned. Just be careful not to say anything that may compromise/jeopardise your case. When you strip it all back it's a big long game of poker/chicken.... stay strong. Feel free to PM if you wish.... hope it helps.

goz83

Thanks for that response kennM. That sounds like a challenging experience alright. I can't see liability being challenged, but I am aware that the other party often delays these things. With all the pain and anguish, I can confidently say that an early settlement is not on the table and I won't be settling a thing until I have a much better of where I am health-wise.

I hope your injury is not too bad. Sorry that it has had complications for you.

Thanks for the offer of PM. I may take you up on that.

kennM wrote: »

Hey Goz,

Completely understand your concerns. Was in a bad motorbike accident back in 2010 and had similar situation regarding ongoing injuries during PIAB timeframe. I can only give you an idea of what happened to me and hopefully that helps, feel free to PM.... I know how difficult all this c%%p can be mentally, never mind physically & financially.

Hard to say what PIAB will do... as you know, they write to the respondent to determine if they are accepting/disputing liability. What the insurance company may do, they did in my case, is simply fail to reply in the 3 month window. PIAB then determine if they are going to proceed or not. I understand it is implied that liability isn't in dispute if the insurance company fails to respond HOWEVER THIS IS NOT BINDING, the still may fight down the line. They did for me, well tried to fight but rolled over the hard way at the 11th hour.

Long story short... was 9 months in PIAB, PIAB decided to extend by a further 6 months (awaiting report from my specialist) then extended by a further 3 months (if memory serves). After all that they decided to decline to make an assessment and gave authorisation to pursue to court and off we went.

I offer the following advice and can't stress it enough.

YOUR HEALTH IS 100% PRIORITY. DO NOT EVEN THINK ABOUT SETTLING UNTIL YOU ARE EITHER 100% RECOVERED OR THE LONG TERM PROGNOSIS IN CERTAIN. For me I had a medico legal report stating that my most serious injury would be fine in 4/6 months. 12/18 months later I was in surgery for it twice, out of work for a further 3 months and left with life long issues. Don't be afraid to get second opinions on medical items too.

I was naive at the beginning medically and legally.... thanks to many helpful folk on here I learned. Just be careful not to say anything that may compromise/jeopardise your case. When you strip it all back it's a big long game of poker/chicken.... stay strong. Feel free to PM if you wish.... hope it helps.

kennM

goz83 wrote: »

Thanks for that response kennM. That sounds like a challenging experience alright. I can't see liability being challenged, but I am aware that the other party often delays these things. With all the pain and anguish, I can confidently say that an early settlement is not on the table and I won't be settling a thing until I have a much better of where I am health-wise.

I hope your injury is not too bad. Sorry that it has had complications for you.

Thanks for the offer of PM. I may take you up on that.

More thank welcome Goz83.... feel free to PM.... trust me, expect anything. It's strategy, posturing and chicken. My solicitor & barristers were shocked that defense TRIED to fight liability. I'll give you more details on PM....

Suffice to say, expect the unexpected