Was rear-ended, unsure what's next

dulpit

Hey all,

We were rear-ended a few weeks ago. Slow enough speed, but a hefty shunt all the same. The lad who hit us helpfully drove off, but we had his number plate (and it was outside a big garage with plenty of CCTV) so the guards were able to get insurance details the following day.

Have engaged with insurance so far, car is currently getting sorted (minor damage to rear bumper should be it). There were 3 of us in car (me, my wife, my son). My son was thankfully in a high backed child seat and had no ill effects. I've been uncomfortable in my neck/shoulders since (2+ weeks ago), have been to GP, have tablets and have been told to wait another week or so and hopefully all will be right. My wife, on the other hand, must have been turned in her seat (she was front-seat passenger) and is in a lot more pain. Her left hand is not working great at the moment (nerve damage in neck due to swelling apparently) and she has had to go to GP (twice), A&E and physio (twice). The physio is confident that all will be okay in a few weeks, but that's still a few weeks from now, which is a pain.

We have engaged with the insurer, and they were quick to arrange for the car element to get fixed. They have been less forthcoming regarding injuries, and I don't know what exact process will be from here. They said that once the car payment is released to garage (I assume now) they will be in touch. My understanding is that they can offer something, we can go to PIAB and ultimately go to court if needed. But what I am wondering specifically is what happens in the meantime. My wife can't work (she does some freelance work) and can't care properly for our child, and from the sounds of it she'll be going through the process with physio/etc for another while yet. Do we have to wait for all of that to be sorted before payouts/etc are calculated? Or is there a way to claim the expenses paid back first and leave the other elements work out later?

I am waiting on insurer to advise on same, but they keep telling me the personal injury side of things is a different department who will be in touch with us, but they haven't been yet. So I thought I might ask here first.

Also - if we were to ultimately end up going down the PIAB route or further, would you need to engage with a solicitor at an early stage? Or can you go through the process yourself and then get a solicitor if unhappy later?

Lastly, I have never dealt with solicitors in the past, is there any easy way to find recommendations (I'm in Cork if that helps)?

nuac

Mod
We don't do solicitor recommendations here, but most practices will be able to advise on this

p15574

Why not just stick with your GP for now and see how you both get on? You have 2 years to open an injuries case, and you don't need a solicitor to do that.

Claw Hammer

If you're going to get a solicitor, make sure to get one who was recommended and has done similar cases and find out on what terms.

An experienced solicitor can be very helpful at the outset as they will be able to foresee issues that may arise into the future. Even if you have 2 years to initiate a claim, you are still required to write a letter within 8 weeks of the incident. You also need advice as to what kind of evidence to gather. You can of course wait until the day before the 2 years is up and then make a claim to PI AB, which may take a number of months to proceed. You may then have to engage a solicitor to issue proceedings. It will then be almost 3 years since the incident and valuable evidence may not have been obtained and may no longer be available. A lot can turn on getting good medical reports in the early stages from a doctor who will make a good witness. It is also important that all symptoms are documented as close to the time of the incident as possible. It's going to be no good turning up in 4 years time saying that you were an awful pain first 6 months after the incident if it is not documented anywhere.

You can of course DIY but like any DIY exercise, it's all very well when things go smoothly but if they don't, it may well turn out that it was a false economy.

dulpit

p15574 wrote: »

Why not just stick with your GP for now and see how you both get on? You have 2 years to open an injuries case, and you don't need a solicitor to do that.

Think that's our plan in the short term anyway. Oddly (or at least I thought oddly) Axa told us that they don't start engaging with any sort of injury issue until it's more or less resolved. I asked what about the likes of doctor visits/physio visits/loss of earnings/etc, they said they wait until the injury is more or less resolved. I asked what if that takes months/years, he continued to say the same. So you could end up being out of pocket for quite some time if I am understanding him correctly, and they only pay out once at the end. I think?

Claw Hammer

dulpit wrote: »

Think that's our plan in the short term anyway. Oddly (or at least I thought oddly) Axa told us that they don't start engaging with any sort of injury issue until it's more or less resolved. I asked what about the likes of doctor visits/physio visits/loss of earnings/etc, they said they wait until the injury is more or less resolved. I asked what if that takes months/years, he continued to say the same. So you could end up being out of pocket for quite some time if I am understanding him correctly, and they only pay out once at the end. I think?

They pay out at the end. The important thing is to have proper documentation and receipts from the start. Getting specialist reports year after the incident will lead to allegations that the injuries were not caused by the incident. You have already been talking to the Defendants insurance company, were the very last people you should be taking advice from.

dulpit

Claw Hammer wrote: »

They pay out at the end. The important thing is to have proper documentation and receipts from the start. Getting specialist reports year after the incident will lead to allegations that the injuries were not caused by the incident. You have already been talking to the Defendants insurance company, were the very last people you should be taking advice from.

To be fair, they are our insurer too, but point taken.

So far we have:

• Been to out of hours GP day after accident (wife)
• Been to A&E day after accident (wife)
• Been to out of hours GP a few days after accident (me)
• Been to GP a week after accident, on recommendation of A&E (wife)
• Been to physio 3 times, first on recommendation of GP, next 2 because physio need to keep seeing her (wife).

I have been told to go to GP if I am still not right after the medication I was prescribed runs out, so I think we have done everything that we can have done so far. Anything obvious I have missed?

frozenfrozen

go to solicitor and stop talking about it on the internet

Claw Hammer

dulpit wrote: »

To be fair, they are our insurer too, but point taken.

So far we have:

• Been to out of hours GP day after accident (wife)
• Been to A&E day after accident (wife)
• Been to out of hours GP a few days after accident (me)
• Been to GP a week after accident, on recommendation of A&E (wife)
• Been to physio 3 times, first on recommendation of GP, next 2 because physio need to keep seeing her (wife).

I have been told to go to GP if I am still not right after the medication I was prescribed runs out, so I think we have done everything that we can have done so far. Anything obvious I have missed?

If you've missed anything, whether obvious or not, there might be trouble. Don't think, either you know or don't know.

QueenMTBee

Claw Hammer wrote: »

Even if you have 2 years to initiate a claim, you are still required to write a letter within 8 weeks of the incident.

Just an FYI - I'm almost certain this has now been reduced to one month instead of two months/eight weeks. *I work in law and am sure I saw it as an objection on a Defence recently.

CoBo55

frozenfrozen wrote: »

go to solicitor and stop talking about it on the internet

Best post. See a solicitor pronto. Was the charmer who hit you insured?

dulpit

CoBo55 wrote: »

Best post. See a solicitor pronto. Was the charmer who hit you insured?

Yes, just took 24 hours to get his details.

Re. solicitor - apparently recommendations can't be given here, but how does one find one? Is there a register or something? Or do you just have to go and find local ones and take it on trust that they're good?

frozenfrozen

pick one at random and ring them and see how they are on the phone, you can always ring around and go with whoever you prefer

Jade2015

Just Google 'injury claims solicitors' and find one in your area and ring around. Just make sure they specialize in personal claim injuries. It may be your wife that has to contact them, or whomever the claim is for

Claw Hammer

always get recommendations. Do not ever engage a solicitor by flicking through a phone book or google. The vary widely in the quality of service and charges.

CoBo55

Going to a firm is better as they'll have a solicitor especially for personal injury.

In theory you can do it yourself but I would advise against and pay the solicitor their fee.

Do however get a clear outline of fees in advance and recommendations. Someone, even your own solicitor to use to move house, can provide a name.

There's a certain crowd who I will not name that will never get my business or a recommendation from me after the way they handled my wife's case.

dulpit

Niner leprauchan wrote: »

In theory you can do it yourself but I would advise against and pay the solicitor their fee.

Do however get a clear outline of fees in advance and recommendations. Someone, even your own solicitor to use to move house, can provide a name.

There's a certain crowd who I will not name that will never get my business or a recommendation from me after the way they handled my wife's case.

If they're in Cork and you don't mind, can you ping me their name so I can avoid them. If they're not, no worries.

And yes, I think I'll go researching solicitors over the weekend.

dulpit

dulpit wrote: »

If they're in Cork and you don't mind, can you ping me their name so I can avoid them. If they're not, no worries.

And yes, I think I'll go researching solicitors over the weekend.

In Dublin for both the good and the bad. Sorry

dulpit

Niner leprauchan wrote: »

In Dublin for both the good and the bad. Sorry

That's cool.


Random one today, they sent an assessor out to take a look at the car after it was repaired. Not sure why benefit there is to that, but there you go. Can anyone in the know explain? I assume it's to check that the garage did what they said they would, but it was their garage anyway, so not sure...

dulpit

dulpit wrote: »

That's cool.


Random one today, they sent an assessor out to take a look at the car after it was repaired. Not sure why benefit there is to that, but there you go. Can anyone in the know explain? I assume it's to check that the garage did what they said they would, but it was their garage anyway, so not sure...

The assessor will check for thread depth on your tyres, safety belts etc. to see if you are complicit in the accident.

CoBo55

Deleted User wrote: »

The assessor will check for thread depth on your tyres, safety belts etc. to see if you are complicit in the accident.

Absolute rubbish... Apt username.

CoBo55

CoBo55 wrote: »

Absolute rubbish... Apt username.

Sorry, what?


Thats what they do. Do you find it hard to believe an insurance company might want to apportion blame.


Btw, I have a bridge for sale, going cheap.

dulpit

CoBo55 wrote: »

Absolute rubbish... Apt username.

He did check tyre depth. Didn't see him check seat belts, checked milage on car too.

wandererz

Happy days. Congratulations OP.

You're buying drinks when the pubs open up again.

dulpit

wandererz wrote: »

Happy days. Congratulations OP.

You're buying drinks when the pubs open up again.

Not sure why I'm being congratulated? Also, non-drinker here but cool...

Eggs For Dinner

dulpit wrote: »

Not sure why I'm being congratulated? Also, non-drinker here but cool...

The poster is reflecting the common belief in Ireland that being involved in an accident is akin to a lottery win.

dulpit

Eggs For Dinner wrote: »

The poster is reflecting the common belief in Ireland that being involved in an accident is akin to a lottery win.

I'm thinking more that its a pain in the hole, and my wife has been unable to use her left arm since, but sure. Lottery.

hullaballoo

Anyone who has a clue knows the vast majority of people would give back all the money if it meant never having been injured.

Eggs For Dinner

hullaballoo wrote: »

Anyone who has a clue knows the vast majority of people would give back all the money if it meant never having been injured.

100%, for long term injuries. However, for minor injuries where full recovery is expected, it can be lucrative

CoBo55

Deleted User wrote: »

Sorry, what?


Thats what they do. Do you find it hard to believe an insurance company might want to apportion blame.


Btw, I have a bridge for sale, going cheap.

He was rear ended by a hit and run driver, you can't get more clear cut than that, zero blame on the Op's side.

FanadMan

hullaballoo wrote: »

Anyone who has a clue knows the vast majority of people would give back all the money if it meant never having been injured.

Close friend was involved in a serious RTA about 15 years ago. Two people were killed in the other car (they were completely at fault).
Friend had severe spinal injuries and was awarded a very large sum. But says he'd give every cent back if he didn't wake up every night to have to take painkillers, or walk with a very pronounced limp or have to have a metal frame in his back.

Some claims should be thrown out of court and the claimants prosecuted.

*Not saying that the OP is one of those type BTW......best of luck OP*

SeeMoreBut

There’s no need to get a solicitor.

Go get everyone sorted by whatever means possible. Keep a record of what happened and all receipts for medical stuff.

After all that go open an injury claim and send it through piab. They’ll send you to see a specialist. It’s not to make sure you didn’t make it up. After that they’ll make an assessment. You’ll get all your vouched expenses back and some compensation.

You can accept it and case closed. If not they you could go down the court road and you might want a solicitor but it’s up to you.

Main thing is get yourselves sorted and worry about the claim later