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Back Injury, Company not responding

  • 23-05-2021 11:57am
    #1
    Registered Users, Registered Users 2 Posts: 117 ✭✭


    Hi

    Over 1 year ago I had a back injury where I pulled muscles in Lower back and caused injury to muscles close to spine between shoulder blades. I have to have physio every 3 to 4 weeks to manipulate these areas for relief I also have accupunture. At the time of the accident I saw doctor and was diagnosed with Lower back Trauma, back spasms which lasted 3 days and Injury between shoulders blades which was in spasm also. I did not claim at 1st because I really didn't want too and I just wanted to be paid. After I didn't get paid I simply had no choice but to make a claim because of loss of wages and medical bills ie: medication, physio bills and doctor fees. My claim was lodged through a solicitor with the PIAB about 7 months back. I did receive a letter from Aviva who are the company's Insurance provider but other then this the company have not responded to anything from my solicitors or the PIAB. My solicitor has said that he thinks they might not respond at all and it will possibly end up going to court and is certain it won't enter a courtroom as they will settle beforehand. I have no idea what this type of claim pays out and was wondering is it better for me to have it settled with PIAB or settled outside of courts.

    Any knowledge would be appreciated.


Comments

  • Registered Users, Registered Users 2 Posts: 380 ✭✭Leilak


    i had similar to yourself i received 8k after 4 years, out of court settlement


  • Registered Users, Registered Users 2 Posts: 17,306 ✭✭✭✭banie01


    You have had a response from the company's insurer.
    That is how the company has chose to handle your claim.
    There will be no response from the company at this point as the Insurer will manage the claim.

    Part and parcel of insurance is that they will assume claim management for any liability they cover the insured for.
    Wanting or expecting a response from the company at this point is a waste of time.
    They have passed the claim to their insurer and it is they who will be representing the company at this point.


  • Registered Users, Registered Users 2 Posts: 117 ✭✭tbarry31


    Hi thanks for responding. I should have said that the Insurance company after sending out there details have not responded since. Why would they do that is it a tactic they use ?
    banie01 wrote: »
    You have had a response from the company's insurer.
    That is how the company has chose to handle your claim.
    There will be no response from the company at this point as the Insurer will manage the claim.

    Part and parcel of insurance is that they will assume claim management for any liability they cover the insured for.
    Wanting or expecting a response from the company at this point is a waste of time.
    They have passed the claim to their insurer and it is they who will be representing the company at this point.


  • Registered Users, Registered Users 2 Posts: 1,967 ✭✭✭Sultan of Bling


    You say your climate is with piab for 7 months.

    Has piab notified the respondent yet?

    Did you submit a medical report etc?


  • Registered Users, Registered Users 2 Posts: 117 ✭✭tbarry31


    Yes everybody has been notified and a medical report has been submitted.


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  • Registered Users, Registered Users 2 Posts: 1,967 ✭✭✭Sultan of Bling


    tbarry31 wrote:
    Yes everybody has been notified and a medical report has been submitted.


    Do you know what date piab notified the respondent.

    They have 90 days to respond from the date piab notified them of the claim.

    If they did not respond by the 90 days they are deemed to have consented to piab assessing the claim.

    The next step will be piab arranging a medical appt. There may well be delays in arranging this due to covid.

    I would contact your solicitor and ask have piab confirmed a formal notice has issued to the respondent and if so what date.


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