Advice welcome on exacerbated injury from minor RTA

S31

So a couple of weeks ago I was involved in a low speed rear end type accident, I was stationary in traffic and the car behind impacted with my rear bumper. I heard and felt the impact.
So I pulled my car in onto the kerb as I was conscious of holding up main street traffic any further and the car that hit me also pulled over slightly. The lady who was driving approached my window and asked if she had hit me, I replied yes she had, she said 'oh I was'nt sure because my brakes are quite loud so I thought the noise was my brakes', I politely replied that there was an impact and I both heard and felt it. I started to get the feelinh this wasnt going to be straight forward. She said 'well your car is fine', I said 'well that sounds good but I'll take your name and number and get it checked just to be sure'. I'm still sitting in my car at this stage and this woman has her head practically stuck in my open window. She said 'no Im not giving you my name your car is fine'. I was feeling like she almost did'nt want me to get out of my car because she was'nt backing up from my window, so I began to open the xar door and thought well I need to look at my car. As I got out the woman made her way back to her car an began getting into the driver seat, luckily I had taken my phone in my hand and managed to get a photo of her reg plate and discs in the windscreen literally nanoseconds before she took off.
The street was busy but I was so taken aback I didnt think to ask for witness details. I was stunned that she had such a bad attitude and took off from the scene.
So I looked at my own car and saw what I would describe as minimal paint damage. I suppose I'm lucky to have a strong heavy car that absorbed the impact well. (I had it checked at a garage a few days later and it was confirmed that there was no structural damage thankfully).
I checked the photos I took and then realised that all the discs displayed in the other car's windscreen had expired a few months ago.
So off I went to the Garda Station to report the incident. Unfortunately the Garda was less than helpful but did take down the information and that was more or less the extent of it.
I started to feel sore that evening, but the back story here is that I am still receiving intermittent treatment for a serious injury sustained 2 years ago in which I had multiple fractured vertebrae. During that time I developed some other muscle/tendon problems which seem to stem from the accident coupled with the affects of the type of work I do. Since this rear end jolt Ive had neck stiffness which is not something I have experienced as part of my original injury. I also have an ache down my arm on the same side as the neck strain. So I guess I'm curious if I am entitled to make a personal injuries claim, considering my unfortunate past medical history.
Also bearing in mind that the other driver may not even have valid insurance (I have reported the matter to my own insurers and the MIBI- but am yet to receive advice)
So I'm wondering if anyone out there has been in a similar situation and has any advice to offer.
Apologies for the long post- I wanted to try include as much background info as possible
Thanks guys

Sligo1

Firstly you need to go to your doctor and get a check up. You will need some sort of statement from your doctor to say whether this impact could have caused more damage or exacerbated your previous condition. But you defo need to see your doctor first.

Then you need to talk to your insurance company. There is a system in Ireland (can't remember name sorry) them at will compensate for accidents or injuries caused by drivers without insurance. Get the details from your insurer. You will probably need a solicitor aswell.

Sligo1

You could also put a short post on the motors forum to get info or others experiences of claims when the other party has no insurance. They are very helpful on the motors forum. Alternatively try legal issues?

dudara

Not a PI. Moving to Legal Discussion.

dudara

S31

Sligo1 wrote: »

Firstly you need to go to your doctor and get a check up. You will need some sort of statement from your doctor to say whether this impact could have caused more damage or exacerbated your previous condition. But you defo need to see your doctor first.

Then you need to talk to your insurance company. There is a system in Ireland (can't remember name sorry) them at will compensate for accidents or injuries caused by drivers without insurance. Get the details from your insurer. You will probably need a solicitor aswell.

Thanks- the organisation here is the MIBI and I notified them a few days ago. I'm really not sure if its worth the headache of pursuing but also feel quite frustrated that it happened.

Grolschevik

You might be interested in this article on low-velocity impacts. Your solicitor should certainly be aware of these issues, but no harm mentioning it to her/him...

https://www.lawsociety.ie/Documents/Gazette/Gazette%202016/April-16-Gazette.pdf#page=37

Sue Pa Key Pa

S31 wrote: »

Thanks- the organisation here is the MIBI and I notified them a few days ago. I'm really not sure if its worth the headache of pursuing but also feel quite frustrated that it happened.

The MIBI will trace the last insurer of the vehicle through internal arrangements with insurers (out of date documents doesn't necessarily mean no current insurance is in place). In the meantime, get to a doctor, then a solicitor and on to the PIAB (see their website)

Shocking attitude from the auld dear that hit you. Probably gives out non-stop about young drivers on the road

Sligo1

S31 wrote: »

Thanks- the organisation here is the MIBI and I notified them a few days ago. I'm really not sure if its worth the headache of pursuing but also feel quite frustrated that it happened.

Well if I were you I would see my doctor first and then take your time to make the decision. That way, if you do decide to follow it up you will have a record of seeking medical advice/assistance post the accident. Otherwise they may just think you are trying to pull a fast one. I hope you're feeling better soon. Back pain is a b!tch and your sounds very bad considering its radiating to different parts of your body. Best of luck.

S31

Sue Pa Key Pa wrote: »

The MIBI will trace the last insurer of the vehicle through internal arrangements with insurers (out of date documents doesn't necessarily mean no current insurance is in place). In the meantime, get to a doctor, then a solicitor and on to the PIAB (see their website)

Shocking attitude from the auld dear that hit you. Probably gives out non-stop about young drivers on the road

Thanks for that- yeah it was pretty unbelievable at the time, and I would guess this woman was early to mid 40's, Im 33 🙈

S31

Sligo1 wrote: »

Well if I were you I would see my doctor first and then take your time to make the decision. That way, if you do decide to follow it up you will have a record of seeking medical advice/assistance post the accident. Otherwise they may just think you are trying to pull a fast one. I hope you're feeling better soon. Back pain is a b!tch and your sounds very bad considering its radiating to different parts of your body. Best of luck.

Thank you so much, I did telephone my GP and she noted it on my file, but as I already have strong painkillers that I usually only take rarely she recommended that I start to take these as precribed now for the time being, thanks for your well wishes

NUTLEY BOY

The principles for assessment of damages in this situation are clear. The application of the principles is not always easy and much turns on the medical evidence.

1. If you have a pre-existing condition which is symptomatic at the time of the second accident the defendant is only liable for the degree of supervening injury imposed in that second accident.

2. If you have a pre-existing condition which is quiescent at the time of the second accident but which predisposes you to suffer greater injury for any given trauma the plaintiff is entitled to recover damages in full.

2 above is one of the exceptions to the foreseeability rule relating to the extent of a defendant's liability, aka as the "eggshell skull" case.

BTW full marks for your presence of mind at the scene.

P.S. For clarity on re-reading your post, you are also entitled to damages for any new injuries caused in this accident which are apart from the pre-existing ones.

seagull

So you have someone causing an accident, leaving the scene of the accident, driving without insurance or tax, and the guards aren't interested? There should be a nice criminal record coming out of that little lot.

S31

seagull wrote: »

So you have someone causing an accident, leaving the scene of the accident, driving without insurance or tax, and the guards aren't interested? There should be a nice criminal record coming out of that little lot.

I know- it amazes me the lack of interest that was shown!