Rear ended with a shoulder dislocation

georgem1

Hi all,

Just looking for a little advice here.

I was rear ended 3 weeks ago. Other driver took liability and their insurance have been fine to deal with in regards to my written off car. The problem is I suffered a grade 5 dislocation of my a/c joint and I’m currently waiting on a specialist to see if I’ll need it to be operated on or not. I’ve been in a sling since the accident and we are hoping that I will get most of the range of movement back without need an op. Otherwise I’ll need two operations and there’s still a good chance I won’t get full range of movement back. The pain isn’t too bad atm unless I put my arm over my head but if I don’t need an op I’ll have a permanent 2 inch bump on my shoulder. I’m 28 years of age.

Basically their insurance has offered me €20,000 for personal
Injuries to settle the case now. Does anyone know what the long term prognosis for this injury is or any advice on how I should proceed. I don’t want a long drawn out legal case.

Stanford

Have you advised your own insurance company of the accident?

P2C

I would not make any deal with their insurance company until you have your injury fully assessed by specialist, physio etc and fully understand the layoff and injury. You can go through the injuries board if you want to go solo without a solicitor and they will make an adjudication. I would not be allowed back to work with a dislocation etc so there is potentially loss of earnings, medical expenses and other costs. 20k could be a fair offer but at least have a grasp of your costs

thebiglad

P2C wrote: »

I would not make any deal with their insurance company until you have your injury fully assessed by specialist, physio etc and fully understand the layoff and injury. You can go through the injuries board if you want to go solo without a solicitor and they will make an adjudication. I would not be allowed back to work with a dislocation etc so there is potentially loss of earnings, medical expenses and other costs. 20k could be a fair offer but at least have a grasp of your costs

I agree, this is not going to be a quick one to settle - not suggesting you head off to a solicitor but do register the claim with PIAB ASAP.

Insurance company may work with you whilst you await medical assessment and look after your out of pocket expenses and any loss of earnings (they ultimately have to pay them anyhow so no loss to them) - you are not obligated to accept any final offer from them by working with them now.

Again though, I reiterate lodge it into PIAB so that a formal process is commenced just in case.

I would not expect €20k to be fair but would need a lot more information to judge it - whatever, too soon to consider.

kravmaga

georgem1 wrote: »

Hi all,

Just looking for a little advice here.

I was rear ended 3 weeks ago. Other driver took liability and their insurance have been fine to deal with in regards to my written off car. The problem is I suffered a grade 5 dislocation of my a/c joint and I’m currently waiting on a specialist to see if I’ll need it to be operated on or not. I’ve been in a sling since the accident and we are hoping that I will get most of the range of movement back without need an op. Otherwise I’ll need two operations and there’s still a good chance I won’t get full range

You may have a rotator cuff SHOULDER injury, get it X rayed or CT scan

Wesser

dont be asking random strangers on the internet for the prognosis on yourinjury. some of them think you can see a rotator cuff injury on an xray. see a shoulder specialist.

georgem1

I understand that people here won’t be able to tell me more about the injury but I suppose what I’m wondering is what is a reasonable settlement for something like this? I’d prefer for it to not drag on for a couple of years. Is there any way to engage their insurance properly without them low balling, has there been a similar case with similar injury that I can use as a reference point?

The injury is an acromioclavicular joint separation (grade 5) so it has completely come away from the ligaments and now protrudes on the top of my shoulder by about 2 inches. It’s quite noticeable even in a t shirt or shirt.

Best case scenario is this discomfort settles down and I get 90% of my range of motion back but I’ll still have the bump. Otherwise it’ll be 2 surgeries and I’d no longer have the 2 inch bump but I’d probably be left with best case 90% range of motion. Basically from what I’ve been told I probably won’t get full range of motion back. Thankfully it hasn’t affected my job.

I’d like a ball park figure on what a fair settlement is for this so I can have this not drag out.

McCrack

Nobody can advise you here without seeing medical reports and that would need to be at least 12 months post injury. If surgery is indicated down the line that will increase time to properly assess prognosis

Marcusm

georgem1 wrote: »

I understand that people here won’t be able to tell me more about the injury but I suppose what I’m wondering is what is a reasonable settlement for something like this? I’d prefer for it to not drag on for a couple of years. Is there any way to engage their insurance properly without them low balling, has there been a similar case with similar injury that I can use as a reference point?

The injury is an acromioclavicular joint separation (grade 5) so it has completely come away from the ligaments and now protrudes on the top of my shoulder by about 2 inches. It’s quite noticeable even in a t shirt or shirt.

Best case scenario is this discomfort settles down and I get 90% of my range of motion back but I’ll still have the bump. Otherwise it’ll be 2 surgeries and I’d no longer have the 2 inch bump but I’d probably be left with best case 90% range of motion. Basically from what I’ve been told I probably won’t get full range of motion back. Thankfully it hasn’t affected my job.

I’d like a ball park figure on what a fair settlement is for this so I can have this not drag out.

See p38 of the PIAB Book of Quantum. https://www.piab.ie/eng/forms-guidelines/Book-of-Quantum.pdf


You have an actual definable injury unlike many of the “whiplash” assertions. I commend your desire to put the incident behind you. However, make sure you have all necessary/advisable medical tests first to establish what needs to be done and how best to achieve this.

Kaisr Sose

georgem1 wrote: »

I understand that people here won’t be able to tell me more about the injury but I suppose what I’m wondering is what is a reasonable settlement for something like this? I’d prefer for it to not drag on for a couple of years. Is there any way to engage their insurance properly without them low balling, has there been a similar case with similar injury that I can use as a reference point?

The injury is an acromioclavicular joint separation (grade 5) so it has completely come away from the ligaments and now protrudes on the top of my shoulder by about 2 inches. It’s quite noticeable even in a t shirt or shirt.

Best case scenario is this discomfort settles down and I get 90% of my range of motion back but I’ll still have the bump. Otherwise it’ll be 2 surgeries and I’d no longer have the 2 inch bump but I’d probably be left with best case 90% range of motion. Basically from what I’ve been told I probably won’t get full range of motion back. Thankfully it hasn’t affected my job.

I’d like a ball park figure on what a fair settlement is for this so I can have this not drag out.

Sorry to learn of your misfortune. Take it easy.

Google book of quantum piab and have a look at the range of damages for all injuries.

I cant speculate on how much you should get but it my be more than that offered. I would not accept their first offer. For less than €100 you can go through PIAB yourself. It's relatively straightforward to do without a solicitor (no legal knowledge required) and you don't have to deal with the insurance company directly.

Mrs OBumble

georgem1 wrote: »

. Is there any way to engage their insurance properly without them low balling.

No.

Their job is to maximize their profits. Paying out as little as possible is part of that.

georgem1

georgem1 wrote: »

I’d like a ball park figure on what a fair settlement is for this so I can have this not drag out.

Sorry to hear of your injuries.



But, you're looking at this the wrong way. A PIAB adjudication will take 6-7 months and I would imagine a more favourable outcome than dealing direct with the insurance company.


From what you describe €20k for a life long impact would be low.



You can still get any medical treatment you require done and let the PIAB/Legal case proceed in tandem. The insurance company will pay for these costs separately i.e. in addition to a compensation award.



If it were me I'd be very foolish to accept the insurance company offer based on what is currently known.

Still waters

Hi OP, just some advice on the injury only, I've dislocated my shoulder 5 times over the years, you can expect a weakened shoulder, limited movement, stiffness and soreness but the good news is you should get most of the use of it back, but you'll be looking at minimum 6 months physio and plenty training, if you need an operation you're looking at 12 months before you'll be right, speaking from personal experience only but its an injury that's easily recovered from depending on how you take care of it after.

p15574

Another point about the injury. I had an AC joint dislocation and having my arm in a sling for 6 weeks caused me almost as much problems. I didn’t expect there would be so much muscle wastage and the physio to get back from that was difficult.

Definitely go through PIAB though, and do it yourself - only costs about €50 to lodge the application.

p15574

p15574 wrote: »

Definitely go through PIAB though, and do it yourself - only costs about €50 to lodge the application.

I did the PIAB myself, but just reading down through the OP's posts I think he may benefit from a solicitor at the outset even with the PIAB application.



But know that expense wont be covered by the insurance company up to the point of the PIAB ruling, so get definitive costs in advance.

20/20

georgem1 wrote: »

I understand that people here won’t be able to tell me more about the injury but I suppose what I’m wondering is what is a reasonable settlement for something like this? I’d prefer for it to not drag on for a couple of years. Is there any way to engage their insurance properly without them low balling, has there been a similar case with similar injury that I can use as a reference point?

The injury is an acromioclavicular joint separation (grade 5) so it has completely come away from the ligaments and now protrudes on the top of my shoulder by about 2 inches. It’s quite noticeable even in a t shirt or shirt.

Best case scenario is this discomfort settles down and I get 90% of my range of motion back but I’ll still have the bump. Otherwise it’ll be 2 surgeries and I’d no longer have the 2 inch bump but I’d probably be left with best case 90% range of motion. Basically from what I’ve been told I probably won’t get full range of motion back. Thankfully it hasn’t affected my job.

I’d like a ball park figure on what a fair settlement is for this so I can have this not drag out.

So what you are want here is advice on how to get as much as possible as quickly as possible ???
No wonder insurance costs are so high for honest people.
Have you really just set up an account on Boards to ask the nation how to get the most from the injury. If you have another account on Boards why not use that for this type of question or were you afraid an insurance company might look through your social media questions.

kirving

20/20 wrote: »

So what you are want here is advice on how to get as much as possible as quickly as possible ???
No wonder insurance costs are so high for honest people.

How did you manage to come to that conclusion?

OP has asked what a fair settlement would be for a potentially lifelong limiting injury, and is actively seeking to minimise legal costs by settling quickly and efficiently.

That's about as honest and fair as they can possibly be, and yet you berate them.

20/20

Kevin Irving read his very first sentence that I quoted.

"I understand that people here won’t be able to tell me more about the injury but I suppose what I’m wondering is what is a reasonable settlement for something like this? I’d prefer for it to not drag on for a couple of years."

How could you possibly think anything else. They have set up an account on boards just to ask this question.
I may think different if there were previous comments from the OP.

20/20

20/20 wrote: »

Kevin Irving read his very first sentence that I quoted.

"I understand that people here won’t be able to tell me more about the injury but I suppose what I’m wondering is what is a reasonable settlement for something like this? I’d prefer for it to not drag on for a couple of years."

How could you possibly think anything else. They have set up an account on boards just to ask this question.
I may think different if there were previous comments from the OP.

Person looks for advice doesn't mean they are trying to game the system. If he doesn't get external advice he only has the word of the insurance company to go on. You're not that naive, are you? Someone looking to settle quickly is the opposite of someone trying to max the payout. He has a clear and obvious injury. You're fighting the wrong battle here.

20/20

Chinese whospers are you another acc of the OP.

ardinn

Severe and permanent conditions

These injuries will have required manipulation of the joint back into normal
position and may have included more invasive treatment or even surgery to keep
the joint in position. May also include ongoing pain and stiffness with some loss of
movement and the joint being more susceptible to future dislocation.

€48,400 to €76,700

20/20

20/20 wrote: »

Chinese whospers are you another acc of the OP.

If I was, would I say yes? :rolleyes:

kirving

20/20 wrote: »

How could you possibly think anything else. They have set up an account on boards just to ask this question.

Asking for what a reasonable amount is, is a totally fair question. Equally, despite being injured, many people cannot afford interim treatment while a case drags out for years.

It may be in their interest to settle quickly despite not being fairly compensated for their injuries. €20k may be enough to pay for surgery and get back to work ASAP, despite their quality of life being reduced forever.

The insurance company are baiting the OP with and offer of €20k right off the bat, they know the claim and associated legal/admin would be worth more should it go to court.

Put it this way, would you voluntarily have that injury done to you as part of a medical experiment, for a payment of €20k?

Not a chance I'd even consider it.

georgem1

20/20 wrote: »

So what you are want here is advice on how to get as much as possible as quickly as possible ???
No wonder insurance costs are so high for honest people.
Have you really just set up an account on Boards to ask the nation how to get the most from the injury. If you have another account on Boards why not use that for this type of question or were you afraid an insurance company might look through your social media questions.

No rigging the system 20/20.

Was rear ended 4 years ago but minimal damage to my car, had their mechanic fix and away I went.

Unfortunately this time my acromioclavicular joint has completely ruptured and is in need of minimum 2 surgeries or else a permanent 2 inch bump on my shoulder (which as of right now is very off putting and unsightly) not to mention loss of movement in my left arm. I don't mind the current discomfort as this is life, we're not wrapped in cotton wool and accidents happen. I have no loss of work as my job isn't labour intensive so that's a plus.

The reason I came on here is because someone I know (friend of a friend) was in an accident a couple of years back. It took 4 years to settle and was not worth the heartache caused.

I'm not looking for a quick settlement to rig the system. What I'd like is to not have to deal with something dragging on for years and years. I'd prfer to meet somewhere in the middle, where my medical expenses are paid for and the insurance company can save all the time and effort of legal fees, which I'm sure if it goes on for a few years and involves two seperate legal parties would be upwards of 30k.

The logic I have is it's in everyones interest to not let this drag out

harr

Work colleague of mine was in a fairly bad rear ending a few years and did damage to back and shoulder out of work and bills getting the better of him he took what the other insurance company offered him without seeking advice. Turned out back problem was a lot worse than anticipated and he had to give up his job and needed a number of operations. The €40,000 he settled on wasn’t long disappearing. He lost his house because he couldn’t afford the mortgage after having to give up a good job and not being able to get another job.
Rightly screwed over he was and a lot of his medical issues didn’t materialise for a number of months.
I know the injury the OP has isn’t as serious but definitely get good independent advice.
€20 grand would not be long disappearing if out of work for any period.

Eggs For Dinner

OP, what you are looking for is the practice which public opinion wants to end. Insurers have long taken the approach of weighing up what a claim is worth and what it would cost to bring it to court with all the associated legal costs. What was offered for a quick settlement was somewhere in the middle.

In today's climate, the public want to see more cases tried in court, so I don't think you will be in luck. Your option is to accept the offer or go through PIAB , which is a minimum 9 month process. My opinion is to get yourself extensively checked out by the medics. Only then will you know what the long term effects are likely to be and what level of compensation is adequate

Grolschevik

Short answer? Talk to a feckin' solicitor. Don't take the first insurance company offer. PIAB are not much better than a tool of the insurance industry. You need proper advice, both legal in terms of possible outcomes, and you still don't know what the long-term medical implications are. Go to a solicitor.

Eggs For Dinner

Explain why you think PIAB are a tool of the insurance industry

BattleCorp

My adivce is not to settle with the insurance company right now. You don't know the prognosis for your shoulder and that mightn't be apparent for a year or more. And if you settle now, that's it. You don't get another bite at the cherry no matter what future problems/operations that you may need for your shoulder.

I'm not a big fan of people filling in the PIAB paperwork themselves. I think it's best to get a solicitor to do that sort of thing as they will be more experienced in these things than you.

You said you don't want it dragging out but essentially that's what you have to let happen. Continue your treatment for your injury (which sounds very serious) and contact a solicitor. Lodge your claim with PIAB as soon as you can and take it from there.