Personal injury claim...advice

Busymom18

Hi

I am new to posting but read the forums all the time. I had a car accident two weeks ago where I rear ended at a pedestrian crossing, a young guy came around a corner in a jeep and hit me. Because he hadn't slowed down at the yield sign he was going quite fast and the impact was hard. My car had a lot Of damage and was written off. that has all been sorted thank god. We both have same insurance company so was fairly straight forward. I visited my doctor that day as I felt next pain and was in a lot of shock after it. She signed me off work for a few days and gave me pain relief. Two days later and I was in a lot more pain shoulders and neck and pain radiating down my left hand. Went back to doctor more pain relief and told to get mri scan. I have seen physio twice who has helped a bit and will have to continue seen her. Mri came back clear thank God but because I am out of pocket for doctors fees. Physio and painkillers I enquired with insurance company about claiming that back. They said someone will call out to me....I got a call for a guy the other night saying he was representing insurance company and would arrange to meet me once mri results were back. He mentioned he could offer a settlement amount?.. I'm very confused and worried about all this. Is it normal someone calling to house, what will it involve? I'm still off work and in pain but not in agony. any advice on how to proceed

goz83

Speak to a solicitor.

Any settlement accepted will be final. Be sure your health is top priority and you have a clean bill of health, or full prognosis before making any decision. If you accept a settlement and injuries are discovered, or are worse than first thought, you have no come back. Insurance companies aim to make a profit and pay out as little as possible. Keep this in mind and get legal advice.

MarkAnthony

When you had pain why did you not simply google it? Perhaps rub a doc leaf on it?

I'm being flippant to illustrate the point that you know when to seek professional advice. This is another of those times; speak to a solicitor. A solicitor is just like any other professional, there to do a job for you. Go with your gut, shop around and get someone you're happy with. Ideally get a recommendation from friends or family.

While the doctor is bound by medical ethics and insurance rep is simply there to minimise the potential loss to the insurance company. Make sure you're properly advised and have someone working in your corner.

Pat Mustard

Busymom18 wrote: »

I'm very confused and worried about all this. Is it normal someone calling to house, what will it involve? I'm still off work and in pain but not in agony. any advice on how to proceed

It's normal for insurance companies to settle claims for as little money as they possibly can. If you are unrepresented, they know that you don't know the value of the claim. They are aware of the value but they have no reason to divulge the information. You mentioned that the same insurance company is on both sides. This is a complicating factor rather than being a particularly good thing. I don't think that this is a case to attempt to handle by yourself, without legal advice. It's not a fair system so get a solicitor to advise you.

Busymom18

Thanks for all the replies. I am very much aware I need to talk to a solicitor but just wanted to find out how normal it was for some one form an insurance company to call to see you. I returned his call yesterday to say I had mri results and was available to meet and he didn't answer nor had he returned my call so obviously he not too interested in talking to me. I really want to get my out of pocket expenses sorted as we are struggling at the min. I have physio Today another 45 and today my arm and shoulder are really bothering me so may need another trip to doctor.

ford2600

Busymom18 wrote: »

Thanks for all the replies. I am very much aware I need to talk to a solicitor but just wanted to find out how normal it was for some one form an insurance company to call to see you. I returned his call yesterday to say I had mri results and was available to meet and he didn't answer nor had he returned my call so obviously he not too interested in talking to me. I really want to get my out of pocket expenses sorted as we are struggling at the min. I have physio Today another 45 and today my arm and shoulder are really bothering me so may need another trip to doctor.

Get the medical care you need now. You can see the reason for that.

If you don't get good legal advice now, and settle when some lad calls to your door, you may not have funds for medical costs into the future.

On the basis of your OP, liability shouldn't be an issue. Get a recommendation for a good solicitor to act on your behalf.

Some people can handle this on their own, you don't sound like that person to me. Good luck

Busymom18

Thanks again for advice and I will get a solicitor but I was going to wait until after I meet this guy from insurance company who over he is and see what he says. He contacted me to say he would meet me either today or tomorrow but so far no other contact about exactly when. He sounded so disinterested on the phone was very annoyed.

Should I contact insurance company directly now and ask them what the story is. Obviously, I won't mention a claim but I want to find out about the out of pocket expenses. I'm down 400 on 3 weeks already and can't keep it up......I would like to find out a little more about who this person is and what he actually does.

Anyone Any advice apart from get a solicitor. Anyone similar dealings with someone from insurance calling

goz83

Advice other than seeing a solicitor would be "don't sign anything".

You would be well advised to see a solicitor first though. That way, the insurance rep cannot deal with you directly and there is no messing around.

What part of the country are you based?

Busymom18

God no, I a, very much aware not to sign a thing. I am just interested to meet him to see if I can get any decent offer. I know chances are slim but I have heard of a few people getting a decent offer.

I am in Munster.

pixbyjohn

Just check 1 other thing. Did your insurance compensate you for your car damage on YOUR policy and will seek recovery on the other guy's policy in the future. If you have comprehensive cover this is usually what happens. Even though it is same insurance company this can take time ( a lot of time) especially where injuries are a part of the claim. Just a point to check. Hope you feel better soon.

Busymom18

as far as I am aware I was compensated from his policy. But I am not 100%. No correspondence ever mentioned my policy. It all had his name on it. I have received the money for the car so,that was fairly straight forward thank god.

I know the injuries part will take time I suppose I'm being a bit hopeful that it might be settled quickly but I will ring my solicitor today.

Thanks feeling ok but def not out of the woods yet

Pat Mustard

Busymom18 wrote: »

Should I contact insurance company directly now and ask them what the story is.

No, you shouldn't.

It is not advisable to meet the insurance company, unrepresented. Not even to see if there is an offer on the table.

There is no point in asking people to tell you what you want to hear when that would be a mistake.

You request advice other than 'see a solicitor' but that is exactly what you should do now.

sharkfox

Be very careful with your insurance company. An old woman crashed into me nearly 2 years ago, admitted liability then an hour later tried to say it was my fault. We had the same insurance company and they tried everything to not pay out. It took over 6 months of me ringing constantly to find out anything or even get talking to the right people. Definitely get legal advice and hopefully it'll save you some money and time

Busymom18

Thanks have rang my solicitor and waiting on a call back. When this guy from insurance rings should I Just tell him I've gone to my solicitor and il leave them deal with it

Sharkfox.....would you mind me asking what was the outcome of your claim? How did it proceed in the end

Cookie_Dough

Busymom18 wrote: »

Thanks have rang my solicitor and waiting on a call back. When this guy from insurance rings should I Just tell him I've gone to my solicitor and il leave them deal with it

Sharkfox.....would you mind me asking what was the outcome of your claim? How did it proceed in the end

If you are intending to have your solicitor act on your behalf from now on I would recommend telling the insurance rep this & that way you can deal through your own solicitor who will be acting in YOUR best interest. Also would be worth visiting the injuries board website for info on how to proceed with a personal injury claim. Remember you're the injured party so it should be dealt with on your terms & not the insurance company's.
Best of luck.

kennM

Busymom18 wrote: »

Thanks again for advice and I will get a solicitor but I was going to wait until after I meet this guy from insurance company who over he is and see what he says. He contacted me to say he would meet me either today or tomorrow but so far no other contact about exactly when. He sounded so disinterested on the phone was very annoyed.

Should I contact insurance company directly now and ask them what the story is. Obviously, I won't mention a claim but I want to find out about the out of pocket expenses. I'm down 400 on 3 weeks already and can't keep it up......I would like to find out a little more about who this person is and what he actually does.

Anyone Any advice apart from get a solicitor. Anyone similar dealings with someone from insurance calling

Allow me to chime in, hopefully it helps - this is my story: http://www.boards.ie/vbulletin/showthread.php?p=93328566

You may not like what I have to say but it's in your best interest.

Your health is your number 1 priority bar none, forget out of pocket expenses (I know easier said than done, I understand this far more than a lot... I was out of pocket several €K until my case settled). I would advise you NOT TO EVEN THINK ABOUT SETTLING UNTIL YOU ARE PAIN FREE OR THERE IS AN ABSOLUTE CAST IRON DIAGNOSIS LONG TERM.

The insurance company are delighted to try and settle early because they know that typically the longer the duration the more expensive the claim will cost to settle. They also know that climanets haven't had an opportunity to assess the health implications and the actual value of the compensation they are ENTITLED to.

As mentioned already the insurance company have a single interest, not your health, not your well-being, not empathising with you (although the better claims handler may be good at demonstrating this, the simple reality is their one and only interest is to get out of the claim as cheaply as possible.

If you pursue the issue they know you'll settle for less....

Hope this helps.... have a read of my thread. Feel free to PM if you wish.

goz83

Take the advice from KennM. I had a client with me yesterday, who mentioned she was in an accident in 2012 and had slipped discs in her back as a result. I didn't allow her to get into details (as it was not related to her treatment), but she mentioned that the claim settled and I could tell that it was for less than it should have been. I would confidently guess that she took a lowball offer from the insurer, for quick cash and what seemed like a good deal at the time.

kennM

goz83 wrote: »

Take the advice from KennM. I had a client with me yesterday, who mentioned she was in an accident in 2012 and had slipped discs in her back as a result. I didn't allow her to get into details (as it was not related to her treatment), but she mentioned that the claim settled and I could tell that it was for less than it should have been. I would confidently guess that she took a lowball offer from the insurer, for quick cash and what seemed like a good deal at the time.

Huge danger out there.... insurance companies getting to people quickly before their either (a) realise the seriousness of their injuries (b) think the offer is "generous" but have not looked into the nature/extent/longevity/impact of their injuries.... insurance company laughing off into the distance and poor injured party left to pick up the pieces.

How many times has anyone ever heard of an insurance company settling for more than PIAB or court would have awarded???? I would speculate the answer is exactly zero

conorh91

I'm having a brain freeze here at the moment, but there was that case where a settlement offer or maybe a lodgement of 300k was put forward, and the High Court subsequently awarded something like 20k?

edit: actually i got my figures totally wrong and it wasn't PI but it's worth noting
superwood holdings plc v sun alliance and london insurance plc. Plaintiff rejected 3 million euro lodgment and got judgment for 155k.

Busymom18

Thanks everyone much appreciate. Contacted my solicitor who advised me to meet insurance guy and just listen to what he says and then report back. He came and was here for about 5 mins. Took a few details date of birth what injuries I had how many doctors and physio visits and my doctors details. Said he could offer me 5000 max without a medical report but thought my injuries were worth more so asked could he request a medical from my doctor and they would pay for it. Saiid then he would come back with a higher offer. Told me I should wait a month or two so how my injuries heal. I will still go through solicitor and will wait until I'm finished physio before doing anymore. Keeping a diary as suggested

goz83

Busymom18 wrote: »

Thanks everyone much appreciate. Contacted my solicitor who advised me to meet insurance guy and just listen to what he says and then report back. He came and was here for about 5 mins. Took a few details date of birth what injuries I had how many doctors and physio visits and my doctors details. Said he could offer me 5000 max without a medical report but thought my injuries were worth more so asked could he request a medical from my doctor and they would pay for it. Saiid then he would come back with a higher offer. Told me I should wait a month or two so how my injuries heal. I will still go through solicitor and will wait until I'm finished physio before doing anymore. Keeping a diary as suggested

Some of them are very good at their jobs. They make it look like they are on your side and against the people who put the food on their table. Maybe some genuinely want the best result for the injured party, but they still have a job to do; get you to settle for less than they woukd pay through the injuries board or through court. It costs the insurance company several hundred euro to allow the injuries board to proceed. I wouldn't personally see it being an issue if they pay for your medical report, but check with your solicitor before doing anything.