Injuries board without a solicitor

caniask86

Hi I recently put a claim through injuriesboards.ie, I submitted the claim a year ago. I have on going issues and thats why medical report took so long. I only submitted medical report last week.

I had to notify the insurance company that i submitted claim and they have got back to me and said that they want a copy off the medical report and they will offer compensation.

Is it wise to settle directly with the insurance company or do i proceed to go through injuriesboard?

Also injuriesboard told me it could take 3 months for the insurance company to respond to notification, do they normally take 3 months? I guess i want to avoid court if possible. Because they have contacted me so quick, does this mean that they will respond to injuriesboard and avoid court?

Will injuriesboard.ie send me to an independent medical assessment?

antoinolachtnai

Sorry to hear about your injury.

This is a very serious matter because of your ongoing difficulties.

There is very little we can say on a forum, because we don't (rightly) know your circumstances or the extent of the issues.

As a general observation, the insurance company wants to avoid court too, as long as that is the best way to minimise their loss. That is obviously not the reason you want to avoid court.

I think you should give serious consideration to engaging a solicitor.

Pat Mustard

caniask86 wrote: »

Is it wise to settle directly with the insurance company or do i proceed to go through injuriesboard?

The insurance company is motivated to save money. It's their job to pay you as little as possible. In other words, they'll scalp you if they can get away with it.

The wise move is to find out what your claim is worth. The only way to do this accurately is to get professional legal advice.

There are several options but the wise move is to see a solicitor.

_Brian

Having been through the injuries board I can tell you that the insurance company has legal representation and is taking legal advice every step of the way.
You will be disadvantaged if you donnot get proper advice and representation. Remember any settlement outside the IB will have legal fees in addition but if you have a solicitor and accept the IB assessment you will pay the solicitor yourself.

The insurance company do not have your best interests at heart, their goal is to get out with paying as little as possible and if that includes cutting your medical bills short then so be it.

Get a solicitor!!

caniask86

Thanks for all the replies. I thought that I could go through the Injuriesboard.ie without legal help?

I am still suffering the affects of concussion and a back and neck injury. The back injury means I cannot lift one of my legs properly so I cannot climb stairs or do certain things so its has had a profound affect on my mobility. This will probably affect me long term. As it hasn't improved much since the year and been too many doctors and they couldn't physically move my leg past a certain point and my back is damaged. I now walk a little funny (almost with a limp as my foot goes slightly sideways) and has left me self conscience. Walking it painful too.

Concussion has left me with vertigo and floaters. i take medication for the vertigo but its a horrible thing to be left with. The whiplash was horrible as i had it at the front of my neck as well as the back but it has improved with physio.

The car overturned and flipped a few times at high speed and i had miner injuries too, like road rash, scratches and bruise, hurt my my face and knee etc but they have seemed to heal. The worse being the concussion and the back injury I think.

I know a lot of people are worse off and have had worse injuries as well.

antoinolachtnai

You are in an extremely serious situation.

You have had a life changing injury.

Just because you can go to injuriesboard.ie without legal help (which you can) does not mean it is a good idea.

You do not have the expertise to deal with the situation, and even if you did, you are not well enough to serve as your own counsel. In my view you would greatly benefit from the advice and guidance of a solicitor. (This is definitely not legal advice, which is not permitted here, but is general advice for dealing with a situation where the stakes are high and which requires special knowledge.)

The insurance company is not your friend.

injuriesboard.ie is not your friend.

Please give serious consideration to engaging a solicitor.

Pat Mustard

caniask86 wrote: »

I thought that I could go through the Injuriesboard.ie without legal help?

There is no obligation to hire a solicitor to make an Injuries Board application on your behalf.

However, there are several reasons why not hiring a solicitor is unwise. See above.

caniask86

I understand that the insurance company want to save as much money as possible but the Injuriesboard.ie go by the book of he book of quantum, surely they arrange a fair amount?

I really wanted to avoid solicitor as much as possible and court. I was hoping for a simple process when I applied to the injuriesboard.ie.

Now the insurance company want to settle directly but because of the book of quantum I kinda know what will be a bad offer and i dont need to accept their offer directly. I do however have to accept the injuriesboard recommendations offer if I wish to avoid court?

Pat Mustard

You hope that the Injuries Board assessnent will be fair. Sometimes it is fair. Other times it does not reflect the value of the claim. However it would be a mistake to assume that the Injuries Board will get it right, especially considering that it is a creature of the Insurance Industry, using Insurance company doctors to inform its assessments.

There is no obligation to accept an Injuries Board assessment of damages.

antoinolachtnai

The Injuries board does a whole lot of activity. But it does not act in your interest. It is not their job to act in their interest. Books of quantum or great, but benefit from expert interpretation.

There is just nothing simple about your case.

Have you thought about your lifestyle and livelihood for the long term? You need to be sure that what you end up with is adequate. The settlement will be final. You will not be able to revisit it later.

The insurance company is not obliged to accept the 'recommendation' of the Board (it is called an 'assessment').

hullaballoo

The other aspect worth bearing in mind is that the injuries board are only capable of assessing the physical injury itself. There are usually other heads of damage that they cannot (even if they wanted to) factor in.

This means that for more complex injuries, the injuries board is hogtied and redundant. It can be a nuisance as it unnecessarily adds time and costs in these situations but it's a necessary evil where there is a popular objective of removing lawyers from disputes!

I also recommend that you seek legal advice as to the full value of your claim and take things from there. You will be surprised by how little money your lawyers get paid for this kind of work, and you may not end up footing that bill to add to the value of obtaining legal advice now.

Sue Pa Key Pa

You can go through the Injuries Board without a solicitor. Obviously, the insurer wants to avoid the legal fees everyone here is suggesting by making you an offer now. That doesn't mean you will be 'low-balled'. Remember, if you are not happy with the award the Injuries Board come up with, you can reject it and go down the litigation route with a solicitor.

caniask86

Yeah I understand the insurer wants to avoid court costs. I also hate the thought of going to courts and dragging on years. That just seems really stressful for a figure that might not be that much higher than an offer from injuriesboards and then paying legal fees. I was also worried about rejecting an offer from injuriesboards aswell as then I am liable for fees in court if they offer a lower sum, is that correct? That just feels very uncertain and stressful.

antoinolachtnai

caniask86 wrote: »

That just seems really stressful for a figure that might not be that much higher than an offer from injuriesboards and then paying legal fees.

This is what it really hinges on. You don't really have enough knowledge or experience to decide whether the figure you will be offered by the insurer or assessed for by injuriesboard.ie is a reasonable figure or whether you would get more in court. This is one area where you would benefit from advice from a reputable practitioner who specialises in the area.

One of the other posters has brought up the limits on what Injuriesboard can assess compensation for. This is something you would benefit from advice on.

Most cases settle out of court. The solicitor wants to deal with the matter quickly too, for the simple reason that the solicitor generally ends up not getting paid until near the very end.

Just because you engage a solicitor doesn't mean you have to go to Court. The solicitor's job would be to advise you on the prospects of the case and whether he thinks the insurer's offer is worth taking. Ultimately it is your decision.

caniask86

Does anyone know if you are definitely sent for an independent medical? Is that always the procedure?

I have had a legal medical done with my doctor but I assume insurers company or injuriesboard will want an independent one or both?

goz83

caniask86 wrote: »

Does anyone know if you are definitely sent for an independent medical? Is that always the procedure?

I have had a legal medical done with my doctor but I assume insurers company or injuriesboard will want an independent one or both?

Yes, you will likely be required to attend a number of medical professionals for the other side. This will be at their expense, but you will have the inconvenience and travel costs. Keep all expense receipts and log mileage if you are driving longer distances.

You don't need a solicitor for the IB process. However, I strongly suggest you engage with one. The insurance company deal with this every day of the week and they will do their best to pay you as little as possible. Your injuries are not minor, so don't underestimate the representation you need. I have been through the process three times. Once before the establishment of the IB and twice in last 6 years, both rear endings. The first was a whiplash injury and settled with the IB, but the second resulted in a permanent back injury which needed surgery and it settled out of court, for what I would consider to be less than the "value" of the claim, but you also have to consider how long you are willing to wait before it's put behind you.

You are likely talking another 2-3 years, but that's better than getting buttons for a life long injury.

caniask86

goz83 wrote: »

Yes, you will likely be required to attend a number of medical professionals for the other side. This will be at their expense, but you will have the inconvenience and travel costs. Keep all expense receipts and log mileage if you are driving longer distances.

You don't need a solicitor for the IB process. However, I strongly suggest you engage with one. The insurance company deal with this every day of the week and they will do their best to pay you as little as possible. Your injuries are not minor, so don't underestimate the representation you need. I have been through the process three times. Once before the establishment of the IB and twice in last 6 years, both rear endings. The first was a whiplash injury and settled with the IB, but the second resulted in a permanent back injury which needed surgery and it settled out of court, for what I would consider to be less than the "value" of the claim, but you also have to consider how long you are willing to wait before it's put behind you.

You are likely talking another 2-3 years, but that's better than getting buttons for a life long injury.

Is it the injuriesboard that arrange medical or the insurance companies?

goz83

caniask86 wrote: »

Is it the injuriesboard that arrange medical or the insurance companies?

The IB arrange a medical. If it goes beyond the IB, the insurance can arrange for you to see other doctors/specialists and they can request a search for previous relevant medical history. So, if you had previous back pain, that would be relevant. Your visit to the doctor for a chesty cough when you were 5 isn't.

caniask86

I applied a year ago but only recently sent in my medical form from the doctor. Is it 3 to 6 months from when I send in my own medical before they send me to their doctors?

goz83

caniask86 wrote: »

I applied a year ago but only recently sent in my medical form from the doctor. Is it 3 to 6 months from when I send in my own medical before they send me to their doctors?

The average is 7 months from applying, but as I said, this can take longer.....and often lasts for more than a year. Once medical reports are sent in, they need to be checked and this adds time.

Pat Mustard

caniask86 wrote: »

I applied a year ago but only recently sent in my medical form from the doctor. Is it 3 to 6 months from when I send in my own medical before they send me to their doctors?

How did you make the application without a medical report?

_Brian

Another option here OP is that depending on the severity of your injuries the IB do not always make a determination.

In my own case, similar to yourself I was left with life altering injuries following an RTA.
After attending the medical arranged by the IB they decided the case was too complex for them to make a decision on and referred it on for a court date anyway.

I don't envy the path you are on OP, it can be long and awfully stressful and I found few people actually appreciate what having life altering injuries is really like.
I had a great solicitor and I'd also recommend counselling as the combination of the stress of the case and the effects of a changed life do take their toll.

The insurance company really really dragged things out and my final settlement was 8 years after my accident.

caniask86

Pat Mustard wrote: »

How did you make the application without a medical report?

You can submit the medical report at a later time once its within the 2yrs of course.

caniask86

_Brian wrote: »

Another option here OP is that depending on the severity of your injuries the IB do not always make a determination.

In my own case, similar to yourself I was left with life altering injuries following an RTA.
After attending the medical arranged by the IB they decided the case was too complex for them to make a decision on and referred it on for a court date anyway.

I don't envy the path you are on OP, it can be long and awfully stressful and I found few people actually appreciate what having life altering injuries is really like.
I had a great solicitor and I'd also recommend counselling as the combination of the stress of the case and the effects of a changed life do take their toll.

The insurance company really really dragged things out and my final settlement was 8 years after my accident.

What injuries do they not deal with? I know they dont think with psychology issues but i wasnt aware some injuries were too complex?

Pat Mustard

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