Personal injury claims

miklo · 18-08-2018 06:03AM #1

I had a car accident and a neck injur for which I’m still doing physiotherapy treatments. Therefore I hired a sollicitor to make a claim. The insurance is offering 7000€ and the sollicitor asked if I would like to accept the offer or submit the case to the injury board. I do not have experience and he Is not providing enough advice. I’m afraid that the case could end up in the court cousing more stress and costs( I have already a 3800€ bill from the sollicitor). Does anyone have experience? Should I accept or go ahead with the injury board claim?

everlast75 · 18-08-2018 06:08AM

miklo wrote: »

I had a car accident and a neck injur for which I’m still doing physiotherapy treatments. Therefore I hired a sollicitor to make a claim. The insurance is offering 7000€ and the sollicitor asked if I would like to accept the offer or submit the case to the injury board. I do not have experience and he Is not providing enough advice. I’m afraid that the case could end up in the court cousing more stress and costs( I have already a 3800€ bill from the sollicitor). Does anyone have experience? Should I accept or go ahead with the injury board claim?

1) he should advise you on how much you may be entitled to
2) it is generally considered unwise to settle your case unless your symptoms have settled. What does your doctor's report say? How many reports do you have?
3) have the other side admitted liability
4) that fee for your solicitor is excessive given the stage the case is at

liam7831 · 18-08-2018 06:16AM

You don't need a solicitor, waste of money unless you go to court. Just send your claim to injuries board, easy to do just fill out the forms, you will get an offer back from them. Either accept or go to court.

not yet · 18-08-2018 06:19AM

Not always the case...

If the other side refuse to engage with Piab you have no choose but to use a solicitor.

liam7831 · 18-08-2018 06:22AM

not yet wrote:

Not always the case...

not yet wrote:

If the other side refuse to engage with Piab you have no choose but to use a solicitor.

Ah ya true enough but most insurance companies or individuals will try and avoid court if their in the wrong. Last move imo is getting a solicitor

miklo · 18-08-2018 06:26AM

-I have a medical report stating that I had neck injury and contraction of the trapezoids muscle and I need physiotherapy.
- I found excessive the solicitor bill but he send it only few weeks ago even if I asked about his fee since the first meeting. He first told me to do not worry as the other party will pay for it and then he send me the expenses report, after submitting the claim to the insurer. I am not happy with it but I don't think there is any way to avoid it at this stage.
- the other side admitted the liability and they have already paid to fix my car

miklo · 18-08-2018 06:28AM

I have already started the process with the solicitor and at this stage I cannot go back unless I pay his expensive bill

everlast75 · 18-08-2018 06:34AM

miklo wrote: »

I have already started the process with the solicitor and at this stage I cannot go back unless I pay his expensive bill

If the other side have admitted liability then there may be no harm in going through the PIAB.

When does the medical report say your injuries will subside, ie how long will your symptoms last?

TG1 · 18-08-2018 06:34AM

How much has your injury cost you? Will you be out of pocket after receiving the settlement amount? Surely that's what should guide you, not a how much can I get mentality?

liam7831 · 18-08-2018 06:34AM

miklo wrote:

I have already started the process with the solicitor and at this stage I cannot go back unless I pay his expensive bill

What's he done for you that you could have not done yourself?

SeeMoreBut · 18-08-2018 06:39AM

Is it a clear cut case? Like rear ended?

Have you spoke to yours or their insurance company?

Have you comp insurance? As you can get yourself sorted and they’ll chase other company.

No need to speak to a solicitor as of yet as mentioned above. Just get yourself better and keep receipts and then worry about claim. You don’t need to open a personal injury claim straight away. Get your car fixed first.

To many people listen to others and straight onto solicitor when really they don’t do much while you’re getting treatment bar billing

miklo · 18-08-2018 06:40AM

I know but not having experience and time I went to the solicitor for consultation.Now I know I made a bad decision.

miklo · 18-08-2018 06:44AM

I have already got fixed and I have already passed all the paper to the solicitor who started the claim with the insurance. Therefore I do not think I can go back and do everything by my own, unless I pay the expensive bill to him.

_Brian · 18-08-2018 06:45AM

I think it’s important to remember that if you proceed to PIAB that the award will not cover the solicitor fees and you will be left with that bill to pay.

You have two years from the moment of the accident to lodge your claim with PIAB so you shouldn’t feel pressured into making a decision. I waited until the week before my two years expired as we wanted to see exactly where my injury was going.

My advice is keep up treatments, wait and see how your recovery goes. Keep your options open, it’s a plus that liability has been settled.

My overall case went on for five years and not once did my solicitor mention my bill.

argentum · 18-08-2018 06:45AM

The solicitor's fees are not paid for by The PIAB therefore you're going to have to cover the cost of that.Its in his interest and yours now to only go to court so that the fees are covered.Its a bad idea to use a solicitor unless the process with The PIAB offers you something you're not happy with.

miklo · 18-08-2018 06:48AM

TG1 wrote: »

How much has your injury cost you? Will you be out of pocket after receiving the settlement amount? Surely that's what should guide you, not a how much can I get mentality?

I do not know for how long I will have the pain and need physiotherapy. I still suffer of neck pain and headache. each physio costs 60€

miklo · 18-08-2018 06:59AM

TG1 wrote: »

How much has your injury cost you? Will you be out of pocket after receiving the settlement amount? Surely that's what should guide you, not a how much can I get mentality?

_Brian wrote: »

I think it’s important to remember that if you proceed to PIAB that the award will not cover the solicitor fees and you will be left with that bill to pay.

You have two years from the moment of the accident to lodge your claim with PIAB so you shouldn’t feel pressured into making a decision. I waited until the week before my two years expired as we wanted to see exactly where my injury was going.

My advice is keep up treatments, wait and see how your recovery goes. Keep your options open, it’s a plus that liability has been settled.

My overall case went on for five years and not once did my solicitor mention my bill.

My solicitor is dealing with the insurance and they offered 7000€ to settle the case outside the Piab. If I refuse and I do not proceed with the claim I still have to pay the solicitor fee.

Also he said that the longest the case will take to settle the higher the fee will be.

I am stressed about all this situation, probably I choose the wrong solicitor he has never been clear.He gives very vague answer to my questions.

liam7831 · 18-08-2018 06:59AM

miklo wrote:

I do not know for how long I will have the pain and need physiotherapy. I still suffer of neck pain and headache. each physio costs 60â‚¬

Headache ? Hardly linked to the incident is it ?

_Brian · 18-08-2018 07:05AM

miklo wrote: »

My solicitor is dealing with the insurance and they offered 7000€ to settle the case outside the Piab. If I refuse and I do not proceed with the claim I still have to pay the solicitor fee.

Also he said that the longest the case will take to settle the higher the fee will be.

I am stressed about all this situation, probably I choose the wrong solicitor he has never been clear.He gives very vague answer to my questions.

Is the €7000 exclusive of legal fees ??

I can’t see why waiting is going to balloon solicitor fees as nothing will be happening.

You know this already but your solicitor is being a pain, to me it sounds like they are looking to cash in on this and move on.

I’d still be telling both solicitor and insurance company you want more time to see where the injury goes. And get clarification on the €7000, if you have to pay legal fees.

everlast75 · 18-08-2018 07:05AM

miklo wrote: »

My solicitor is dealing with the insurance and they offered 7000€ to settle the case outside the Piab. If I refuse and I do not proceed with the claim I still have to pay the solicitor fee.

Also he said that the longest the case will take to settle the higher the fee will be.

I am stressed about all this situation, probably I choose the wrong solicitor he has never been clear.He gives very vague answer to my questions.

You can challenge his or her fee.

Do not think that because you are presented with a bill you have to pay it in full

listermint · 18-08-2018 07:09AM

not yet wrote: »

Not always the case...

If the other side refuse to engage with Piab you have no choose but to use a solicitor.

But the other side offered money.

People often make he mistake of going to a solicitor after an accident when often just engaging with the insurance companies is the best and first step. You pay for this service that's what some of the premium is for.

The op may now have had to give a solicitor a bunch of cash for nothing .

Solicitor should be the last option

_Brian · 18-08-2018 07:13AM

listermint wrote: »

But the other side offered money.

People often make he mistake of going to a solicitor after an accident when often just engaging with the insurance companies is the best and first step. You pay for this service that's what some of the premium is for.

The op may now have had to give a solicitor a bunch of cash for nothing .

Solicitor should be the last option

It depends.
My case was against FBD and they were very unprofessional, I was getting calls from their settlement team a week after the accident at 11:30 at night offering me silly settlements. I asked them to stop and they didn’t.
First thing the solicitor did was get this stopped and all correspondence sent to them, I’d never have had the success I had without my solicitor.

miklo · 18-08-2018 07:15AM

everlast75 wrote: »

You can challenge his or her fee.

Do not think that because you are presented with a bill you have to pay it in full

how can I do it? I found the fee not honest for what he is doing and I am not happy about his vague attitude when asking advises and information.

miklo · 18-08-2018 07:20AM

liam7831 wrote: »

Headache ? Hardly linked to the incident is it ?

I have a medical report stating that it is related due to the muscle tenderness. I need to keep doing physiotherapy

listermint · 18-08-2018 07:20AM

_Brian wrote: »

It depends.
My case was against FBD and they were very unprofessional, I was getting calls from their settlement team a week after the accident at 11:30 at night offering me silly settlements. I asked them to stop and they didn’t.
First thing the solicitor did was get this stopped and all correspondence sent to them, I’d never have had the success I had without my solicitor.

They were engaging to settle with you.

You could have made the decision yourself . Tbh instead you chose to hand over more money to someone else to handle it for you

You paid for a service granted but you could equally have handled yourself but chose not to.

In your case sounds like it was unnecessary it was a choice.

miklo · 18-08-2018 07:37AM

listermint wrote: »

They were engaging to settle with you.

You could have made the decision yourself . Tbh instead you chose to hand over more money to someone else to handle it for you

You paid for a service granted but you could equally have handled yourself but chose not to.

In your case sounds like it was unnecessary it was a choice.

Now know,i made a wrong choice.As I cannot change things now, my question is , do I accept the offer or I refuse and submit it to the PIAB? how many chance there are that the case will end up to the court causing more stress and costs? is t worth?
I wish I could change solicitor has I do not fully trust him and I am not happy with the lack of information he is providing. I wrote him many email but he never replies and when I call him he is very unclear and vague.

I am tempted to accept and close the case just because it is stressing me too much. On the other side I am afraid I am making another mistake.

Eggs For Dinner · 18-08-2018 08:01AM

SeeMoreBut wrote: »

Have you comp insurance? As you can get yourself sorted and they’ll chase other company.

Your own insurance company will not pursue a 3rd party for an injury claim on your behalf

not yet · 18-08-2018 10:37AM

liam7831 wrote: »

Ah ya true enough but most insurance companies or individuals will try and avoid court if their in the wrong. Last move imo is getting a solicitor

Don't agree, The rate of interaction with Piab is only about 50%. Insurance companies tend to think, 'Ah sure they might just drop it' if we don't engage that point.

Motor

72%

PL

18%

EL

10%

not yet · 18-08-2018 10:41AM

liam7831 wrote: »

Headache ? Hardly linked to the incident is it ?

How so..? Headaches are very common when dealing with neck/shoulder muscle injury..

not yet · 18-08-2018 10:42AM

Has you solicitor covered your medical bill etc to this point ? If not that amount is excessive.

liam7831 · 18-08-2018 11:14AM

_Brian wrote:

You know this already but your solicitor is being a pain, to me it sounds like they are looking to cash in on this and move on.

_Brian wrote:

I canâ€™t see why waiting is going to balloon solicitor fees as nothing will be happening.

not yet wrote:

Don't agree, The rate of interaction with Piab is only about 50%. Insurance companies tend to think, 'Ah sure they might just drop it' if we don't engage that point.

not yet wrote:

How so..? Headaches are very common when dealing with neck/shoulder muscle injury..

not yet wrote:

Has you solicitor covered your medical bill etc to this point ? If not that amount is excessive.

I think the person doesn't need anyone elses advice now your here, An expert on piab claims (giving stats with no backup), medical issues and legal bills.

Personal injury claims

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