Motor Injury

Clonbuchaill

I was involved in an motor accident recently, the problem is I have hurt my neck in this accident. I have quite a bit of pain in the morning and again at night. Some nights it keeps me awake. During the day it's fine, it seems to be whenever my neck has been in a resting position for a while it becomes stiff and then causes pain. I've had an MRI which thankfully didn't show up anything so it can only be soft tissue damage.

It doesn't effect me in my line of work and so has no bearing on my earnings. My wife has told me this could be an issue down the line and that I should put in a claim with the insurance company. I was under the impression that you could only claim against loss of earnings? I don't know if it's worth getting involved in a long legal issue with an insurance company if all I'm entitled to is to recoup my expenses for the MRI.

Anyone have any knowledge on this?

hullaballoo

You need to speak to a solicitor about what you can claim for in your case, as legal advice cannot be given here.

However, in general, you can claim for pain and suffering (general damages) in any personal injuries action together with out-of-pocket expenses and loss of earnings (special damages).

DvB

Sorry to Hijack this thread but whats the normal standing with respect to hospital fee's after a collision?

I was rear ended a few weeks back & was taken to hospital as a precaution due to my neck being injured at the time, thankfully it was minor & i was fine a few days later, got the car damage repaired with no real issues thankfully. Now though I've received a bill from the hospital for €100 saying I need to pay this myself unless I'm making a claim for personal injuries... which I'm not. But surely the third party (or their insurer) is responsible for paying this bill or at least reimbursing me if I pay it? My understanding was as the accident was not my fault I shouldn't be out of pocket because of it?

coylemj

That sounds like the regular A&E charge and you are correct that in principle you shouldn't have to pay it when the accident wasn't your fault but have you signed anything in acceptance of the money paid by the other side? If you have already accepted money from the other guy's insurance, I assume that they asked you to sign a document whereby you agreed to accept that money 'in full and final settlement' of all claims against him/her, did you sign such a document? If you did then it's case closed and you will have to pay the hospital yourself.

DvB

coylemj wrote: »

That sounds like the regular A&E charge and you are correct that in principle you shouldn't have to pay it when the accident wasn't your fault but have you signed anything in acceptance of the money paid by the other side? If you have already accepted money from the other guy's insurance, I assume that they asked you to sign a document whereby you agreed to accept that money 'in full and final settlement' of all claims against him/her, did you sign such a document? If you did then it's case closed and you will have to pay the hospital yourself.

I've signed nothing to that effect.
All I've signed was at the garage that repaired the car, their own paperwork saying I was happy with the works as carried out by them.

In fact I'd made it clear to the other party's insurer when speaking on the phone that I'd likely have a hospital fee that I expected to have covered also, they said at the time to forward it (which I have) but it was the wording of the HSE letter that asked for solicitors details if I wanted the insurer to cover this that threw me to be honest. Before I chase this up with them was wondering if I paid it & then went to the insurer have i messed it up or would it normally be acase of paying it yourself & then submitting the receipt to the insurer?

Little CuChulainn

It's your bill because it was you that was treated. You can ask the other side to pay for it or pay it and claim it off them. It's not really up to the hospital to pursue compensation on your behalf.

As to the original op, you can pursue the matter yourself by visiting injuriesboard.ie or you can go to a solicitor. You can generally claim for pain and suffering if it exists as a result of the injury.

Clonbuchaill

Little CuChulainn wrote: »

As to the original op, you can pursue the matter yourself by visiting injuriesboard.ie or you can go to a solicitor. You can generally claim for pain and suffering if it exists as a result of the injury.

This is why I'm reluctant to pursue a claim. My wife thinks I'll have problems down the road as I've problems sleeping now because of the pain but in general pain is quite vague! How can I prove it was because of the accident! To an insurance company or a court I could have hurt myself doing anything before or after the accident! I had an mri and nothing abnormal showed! So it's a soft tissue issue and there's no way of proving that!

Little CuChulainn

Clonbuchaill wrote: »

This is why I'm reluctant to pursue a claim. My wife thinks I'll have problems down the road as I've problems sleeping now because of the pain but in general pain is quite vague! How can I prove it was because of the accident! To an insurance company or a court I could have hurt myself doing anything before or after the accident! I had an mri and nothing abnormal showed! So it's a soft tissue issue and there's no way of proving that!

Then you should probably consult a solicitor and see if he thinks you have a case.

goz83

Clonbuchaill wrote: »

I was involved in an motor accident recently, the problem is I have hurt my neck in this accident. I have quite a bit of pain in the morning and again at night. Some nights it keeps me awake. During the day it's fine, it seems to be whenever my neck has been in a resting position for a while it becomes stiff and then causes pain. I've had an MRI which thankfully didn't show up anything so it can only be soft tissue damage.

It doesn't effect me in my line of work and so has no bearing on my earnings. My wife has told me this could be an issue down the line and that I should put in a claim with the insurance company. I was under the impression that you could only claim against loss of earnings? I don't know if it's worth getting involved in a long legal issue with an insurance company if all I'm entitled to is to recoup my expenses for the MRI.

Anyone have any knowledge on this?

The only way to solve that pain is with a fist full of fifties pressed against the area of suffering :pac:

No, but seriously, either you can deal with the insurance company directly to settle the out of pocket expenses, or you can lodge a claim with the PIAB, with or without a solicitor. Be sure that you are OK. Whiplash injuries are very common in car accidents and vary in intensity and recovery periods. Most people will thankfully be ok within days, or weeks. But sometimes the pain lasts much longer. Yours is likely the former in my non expert opinion.

DvB wrote: »

Sorry to Hijack this thread but whats the normal standing with respect to hospital fee's after a collision?

I was rear ended a few weeks back & was taken to hospital as a precaution due to my neck being injured at the time, thankfully it was minor & i was fine a few days later, got the car damage repaired with no real issues thankfully. Now though I've received a bill from the hospital for €100 saying I need to pay this myself unless I'm making a claim for personal injuries... which I'm not. But surely the third party (or their insurer) is responsible for paying this bill or at least reimbursing me if I pay it? My understanding was as the accident was not my fault I shouldn't be out of pocket because of it?

The A&E fee is much higher if the hospital know you are making a claim. They ask for solicitor details, because they would then put the bill on hold until any claim is settled. Otherwise the person treated (you in this case) pays the bill as normal and may try to have it reimbursed by whoever is supposed to cover it.

Sue Pa Key Pa

Clonbuchaill wrote: »

This is why I'm reluctant to pursue a claim. My wife thinks I'll have problems down the road as I've problems sleeping now because of the pain but in general pain is quite vague! How can I prove it was because of the accident! To an insurance company or a court I could have hurt myself doing anything before or after the accident! I had an mri and nothing abnormal showed! So it's a soft tissue issue and there's no way of proving that!

You have said that you hurt yourself in a motor accident but haven't clarified if someone else was at fault. What are the circumstances?

hullaballoo

Sue Pa Key Pa wrote: »

You have said that you hurt yourself in a motor accident but haven't clarified if someone else was at fault. What are the circumstances?

This is a highly sinister question considering your position.

ravima

Why is the question 'sinister'?

if poster was the culpable party then he has no claim against anybody. If he is the innocent party, he has. If blame is apportioned between two parties, then his claim is apportioned as well.

Sue Pa Key Pa

hullaballoo wrote: »

This is a highly sinister question considering your position.

What the hell is 'my position'? I asked the OP for clarification in the hope I could give advice.

Sue Pa Key Pa

Sue Pa Key Pa wrote: »

What the hell is 'my position'? I asked the OP for clarification in the hope I could give advice.

Bump

brian_t

Sue Pa Key Pa wrote: »

Bump

Why don't you send the Mod a PM.

Sue Pa Key Pa

brian_t wrote: »

Why don't you send the Mod a PM.

Because this is an open discussion forum. I'm just looking for clarification on the comment. No biggie!

hullaballoo

I may have the wrong end of the stick but I thought you were asking for details that could potentially identify the OP. I apologise if my use of the words "highly sinister" alarmed you or anyone else, that wasn't quite what I was aiming for.

I simply question the intent behind your request for more information from the OP.

Sue Pa Key Pa

hullaballoo wrote: »

I may have the wrong end of the stick but I thought you were asking for details that could potentially identify the OP. I apologise if my use of the words "highly sinister" alarmed you or anyone else, that wasn't quite what I was aiming for.

I simply question the intent behind your request for more information from the OP.

Clarification much appreciated.

As another poster pointed out, the OP only advised that he was in an accident. If there was no culpable other party, then he would have no action. If there was, your original advice of contacting a solicitor would be the best course to take