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personal injuries board inquiry......

2

Comments

  • #32
    kennM
    Registered Users, Registered Users 2 Posts: 603 ✭✭✭kennM


    youtube! wrote: »
    Ah the old eggshell skull theory I am well aware of it, however I still say after a minor enough tip resulting in whiplash there is no way someone can be traumatised to the degree that they wont get into a car again. If they were cut out of the wrecage then fair enough,but come on not this.
    Also you say UK payouts are not way above Irish ones well the average payout for a whiplash injury is 3500 sterling, that is way below the irish average I am sure


    http://www.youclaim.co.uk/whiplash/payouts-for-whiplash-and-thatcham-testing-scores.htm

    Hey Youtube,

    At the end of the day you can't make a statement like based off comparing a single injury.... i.e. whiplash. Thats like saying people in a certain country are paid so much more than another country because a doctor is paid more. Its in no way representative whatsoever....

    Anyway we are diverting away from the original thread so I'll bring it back.

    Micky007.... firstly I'm not a solictor and in no way involved in the legal profession. I am someone in a similar situation. Seriously injured in an RTA last year. Haven't started the ball rolling properly yet with PIAB until I establish an exact prognosis on some remaining injuries.

    What I would personally advise is to seek appropriate medical advise and treatment regarding the issues your wife is facing. The reality is all injuries both physical and psychological will have to be confirmed and a prognosis established before injuries board can effectively assess this. Regarding injuries, time gives clarity regarding long lasting effects..... if you are not in a rush for the money etc. give it time. God willing the psychological effects may ease and resolve completely.


  • #33
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    youtube! wrote: »
    ResearchWill wrote: »
    I remember talking to a claims person in an insurance company recently, had exactly the same view as you about whiplash injuries, until his wife was in an accident, and he saw on a daily basis the pain she went through.



    No you see you havent read what i wrote properly atall have you? Where did I say I had a problem with genuine whiplash injuries being compensated fairly?
    I said that the payments in general are way above the UK and probably knowing this country almost every other country in the western world however that does not mean an appropriate level of payment cannot be awarded, what I do have a problem with however is someone claiming a mental disorder on the back of what is essentially a minor accident.

    I would consider it for a major life threatening accident or a voilent crime for example but please do me a favour if you think someone should be considered a PTSD case after a belt from behind, I mean if that happens you just get over it and get on with your life, phsyically it is troubling but mentally its nothing.

    You said and I quote "But this lady was hit from behind in a car and got whiplash,its not like she was a soldier in the vietman war for gods sake!"

    I never mentioned PTSD, and while I agree that it is possible to over state whiplash and soft tissue injuries it does not take away from the reality of same for a lit of people.

    In relation to the UK it is true that the amounts claimed is usually less but I wonder is that because of specials. In Ireland if you incur 3k of hospital fees even as a public patient the hospital has a right to recover that. And in fact most things are a lot cheaper in the UK why is it a shock then that damages are higher. People earn more here as we are constantly told so loss of earnings are higher.


  • #34
    Robbo
    Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,648 Mod ✭✭✭✭Robbo


    ResearchWill wrote: »
    In relation to the UK it is true that the amounts claimed is usually less but I wonder is that because of specials. In Ireland if you incur 3k of hospital fees even as a public patient the hospital has a right to recover that. And in fact most things are a lot cheaper in the UK why is it a shock then that damages are higher. People earn more here as we are constantly told so loss of earnings are higher.
    A fair point. In 2003 I was in an RTA in England, thankfully nothing more than some cuts and bruises. When they were discharging me from the hospital, I asked how much I owed. They laughed at me and said that as long as I had a National Insurance number, no charge and no forms to fill in.

    I'd imagine the sheer awesomeness of the NHS will also colour awards in terms of medical costs into the future, for as long as the public NHS lasts under Cameron.


  • #35
    micky007
    Closed Accounts Posts: 34 ✭micky007


    Hello
    I think a solicitor would be the best bet for my wife.but would i be wasting my time if i started the ball rolling and sent in the forms/reports when she is still receiving treatment???
    Does the pib send the reports to the other driver once they receive them from the injured party?
    so if they need follow up reports,the driver will keep getting up to date reports from injured party!
    thanks


  • #36
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    micky007 wrote: »
    Hello
    I think a solicitor would be the best bet for my wife.but would i be wasting my time if i started the ball rolling and sent in the forms/reports when she is still receiving treatment???
    Does the pib send the reports to the other driver once they receive them from the injured party?
    so if they need follow up reports,the driver will keep getting up to date reports from injured party!
    thanks

    Remember you have only 2 years to issue proceedings. You also should issue a warning letter. If your wife's symptoms have not settled, it does no harm to issue proceedings. Any good solicitor should be able to advise on all the issues.


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  • #37
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    ResearchWill wrote: »

    In relation to the UK it is true that the amounts claimed is usually less but I wonder is that because of specials. In Ireland if you incur 3k of hospital fees even as a public patient the hospital has a right to recover that. And in fact most things are a lot cheaper in the UK why is it a shock then that damages are higher. People earn more here as we are constantly told so loss of earnings are higher.

    It is mostly because of General damages that the awards are higher than in England.


  • #38
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Jo King wrote: »
    ResearchWill wrote: »

    In relation to the UK it is true that the amounts claimed is usually less but I wonder is that because of specials. In Ireland if you incur 3k of hospital fees even as a public patient the hospital has a right to recover that. And in fact most things are a lot cheaper in the UK why is it a shock then that damages are higher. People earn more here as we are constantly told so loss of earnings are higher.

    It is mostly because of General damages that the awards are higher in England.

    I believe that most insurance companies claim that damages in England and Wales are lower than here. If you are saying that on the other hand that pain and suffering actually pays more across the water, I would love to see the research, to rub the insurance companies nose in it.


  • #39
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    ResearchWill wrote: »
    I believe that most insurance companies claim that damages in England and Wales are lower than here. If you are saying that on the other hand that pain and suffering actually pays more across the water, I would love to see the research, to rub the insurance companies nose in it.

    I made a typo. I have corrected my post. There are no General Damages paid at all in England.


  • #40
    kennM
    Registered Users, Registered Users 2 Posts: 603 ✭✭✭kennM


    micky007 wrote: »
    Hello
    I think a solicitor would be the best bet for my wife.but would i be wasting my time if i started the ball rolling and sent in the forms/reports when she is still receiving treatment???
    Does the pib send the reports to the other driver once they receive them from the injured party?
    so if they need follow up reports,the driver will keep getting up to date reports from injured party!
    thanks

    Hi Micky007.... to be honest I'm not 100% sure on all your above questions but I'll answer to the best that I know.

    1) But would I be wasting my time if I started the ball rolling and sent in the froms/reports when is still receiving treatment - Don't think so. How long ago was the accident? Whats the prognosis looking like? To determine a resolution I would suspect that injuries board needs to know what the long term prognosis is like

    2) Does the pib send the reports to the other driver once they receive them from the injured party? - Not sure. Speaking personally the other insurance company sent me to their own specialist to be assessed. So I would assume that provides them with the information they need. Solicitor or injuries board can probably advise. Ring the injuries board with questions like that perhaps?

    3) so if they need follow up reports,the driver will keep getting up to date reports from injured party! - I don't believe the driver gets these reports. I believe the drivers insurance company gets them. Once liability is NOT in dispute then PIAB/your solicitor will deal with the insurance company. The other driver has no say I believe.


  • #41
    naughto
    Registered Users, Registered Users 2 Posts: 7,507 ✭✭✭naughto


    get a solicitor mickey07 it will give your peace and mind as you seem to be all over the place with this,he/she will tell your ifu have a case or not.dont leave it on the long finger do it to day and get the ball rooling.its over 3 yrs since my accident ive gone to god knows how many doctors,specialst you name it ive see them and iam still no better than the day it happened.

    the piab in my case delayed my case a lot my solicator even told me that it would but we had to go through piab any way.if have any questions pm me and see if ican ans them for you


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  • #42
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    You can update your claim before the final assessment is made. I was recently involved in a collision and have to claim through the injuries board. I decided to retain a solicitor. He is paying for the medical reports and application fee and deducting the cost of them plus a flat fee from the final settlement. It saves me a lot of hassle and worry.


  • #43
    naughto
    Registered Users, Registered Users 2 Posts: 7,507 ✭✭✭naughto


    i decided to pay for all my reports doc,engineers,ect ect on the spot the solicator said i had to option so i did.my case is now in court we are waiting to get a date


  • #44
    Suzette
    Registered Users, Registered Users 2 Posts: 14 ✭Suzette


    Hi Micky007,

    The Injuries Board was originally set up to streamline the process of making a claim for personal injuries and to combat the excessive legal costs associated with same.

    The process works as follows:

    Send in your Injuries Board application and medical report along with a cheque for €50.00 (admin fee). The medical report can be obtained from your own doctor - they wil generally charge you for same (cost approx €250.00) but you will be reimbursed this amount if your claim is successful.

    On receipt of your completed application form, the Injuries Board will write to respondent (person who is responsible for the accident) or their Insurers.

    The respondent has 90 days in which to either consent or not consent to the assessment.

    If the case is straight forward and there is no issue on liability (e.g. your vehicle is rearended by respondents vehicle and you have sustained injuries as a result), the respondent will write to the Injuries Board within the 90 days agreeing to consent to the assessment of the case.

    The Injuries Board will then write to you to advise you that the respondent has agreed to the assessment. The Injuries Board have up to 9 months to complete their assessment. Typically during this time, they will send you for a medical examination (this will cost you nothing, the respondent pays for same).

    On receipt of the up-to- date medical, if the prognosis is favourable (e.g. recovered or recovery expected within a few months), the Injuries Board will assess the matter and make an award for damages.

    They will then write to you and to the respondent giving you details of the amount awarded. You will have 28 days in which to either accept or reject the amount of the award and the respondent has 21 days in which to accept or reject the award.

    if both parties accept the award, the Injuries Board will issue a document called the "Order to Pay" to the respondent and the respondent will then issue the cheque to you (typically within 14 days).

    If either of you reject the award, the Injuries Board will issue an "Authorisation" which will allow you to issue proceedings against the respondent.

    There is no point in going to a solicitor - you are better off going through the Injuries Board process yourself. it is not that difficult. By going to a solicitor at this stage, you will be incurring costs unneccessarily. If the respondent doesn't consent to the assessment or rejects the amount of the award, then go to the solicitor at that stage.

    I have come across hundreds of cases where claimant's have gone straight to a solicitor even though their cases are straightforward, the solicitor will just write to the Injuries Board as I have outlined above and once the money is awarded, they will take a hefty cut (typically €1,500 - €2,000) for very little work!!


  • #45
    a lawyer
    Registered Users, Registered Users 2 Posts: 26 ✭a lawyer


    Suzette wrote: »
    Hi Micky007,

    The Injuries Board was originally set up to streamline the process of making a claim for personal injuries and to combat the excessive legal costs associated with same.

    The process works as follows:

    Send in your Injuries Board application and medical report along with a cheque for €50.00 (admin fee). The medical report can be obtained from your own doctor - they wil generally charge you for same (cost approx €250.00) but you will be reimbursed this amount if your claim is successful.

    On receipt of your completed application form, the Injuries Board will write to respondent (person who is responsible for the accident) or their Insurers.

    The respondent has 90 days in which to either consent or not consent to the assessment.

    If the case is straight forward and there is no issue on liability (e.g. your vehicle is rearended by respondents vehicle and you have sustained injuries as a result), the respondent will write to the Injuries Board within the 90 days agreeing to consent to the assessment of the case.

    The Injuries Board will then write to you to advise you that the respondent has agreed to the assessment. The Injuries Board have up to 9 months to complete their assessment. Typically during this time, they will send you for a medical examination (this will cost you nothing, the respondent pays for same).

    On receipt of the up-to- date medical, if the prognosis is favourable (e.g. recovered or recovery expected within a few months), the Injuries Board will assess the matter and make an award for damages.

    They will then write to you and to the respondent giving you details of the amount awarded. You will have 28 days in which to either accept or reject the amount of the award and the respondent has 21 days in which to accept or reject the award.

    if both parties accept the award, the Injuries Board will issue a document called the "Order to Pay" to the respondent and the respondent will then issue the cheque to you (typically within 14 days).

    If either of you reject the award, the Injuries Board will issue an "Authorisation" which will allow you to issue proceedings against the respondent.

    There is no point in going to a solicitor - you are better off going through the Injuries Board process yourself. it is not that difficult. By going to a solicitor at this stage, you will be incurring costs unneccessarily. If the respondent doesn't consent to the assessment or rejects the amount of the award, then go to the solicitor at that stage.

    I have come across hundreds of cases where claimant's have gone straight to a solicitor even though their cases are straightforward, the solicitor will just write to the Injuries Board as I have outlined above and once the money is awarded, they will take a hefty cut (typically €1,500 - €2,000) for very little work!!

    Cards on table time I think! What field do you work in?


  • #46
    McCrack
    Registered Users, Registered Users 2 Posts: 3,017 ✭✭✭McCrack


    Suzette wrote: »
    Hi Micky007,

    The Injuries Board was originally set up to streamline the process of making a claim for personal injuries and to combat the excessive legal costs associated with same.

    The process works as follows:

    Send in your Injuries Board application and medical report along with a cheque for €50.00 (admin fee). The medical report can be obtained from your own doctor - they wil generally charge you for same (cost approx €250.00) but you will be reimbursed this amount if your claim is successful.

    On receipt of your completed application form, the Injuries Board will write to respondent (person who is responsible for the accident) or their Insurers.

    The respondent has 90 days in which to either consent or not consent to the assessment.

    If the case is straight forward and there is no issue on liability (e.g. your vehicle is rearended by respondents vehicle and you have sustained injuries as a result), the respondent will write to the Injuries Board within the 90 days agreeing to consent to the assessment of the case.

    The Injuries Board will then write to you to advise you that the respondent has agreed to the assessment. The Injuries Board have up to 9 months to complete their assessment. Typically during this time, they will send you for a medical examination (this will cost you nothing, the respondent pays for same).

    On receipt of the up-to- date medical, if the prognosis is favourable (e.g. recovered or recovery expected within a few months), the Injuries Board will assess the matter and make an award for damages.

    They will then write to you and to the respondent giving you details of the amount awarded. You will have 28 days in which to either accept or reject the amount of the award and the respondent has 21 days in which to accept or reject the award.

    if both parties accept the award, the Injuries Board will issue a document called the "Order to Pay" to the respondent and the respondent will then issue the cheque to you (typically within 14 days).

    If either of you reject the award, the Injuries Board will issue an "Authorisation" which will allow you to issue proceedings against the respondent.

    There is no point in going to a solicitor - you are better off going through the Injuries Board process yourself. it is not that difficult. By going to a solicitor at this stage, you will be incurring costs unneccessarily. If the respondent doesn't consent to the assessment or rejects the amount of the award, then go to the solicitor at that stage.

    I have come across hundreds of cases where claimant's have gone straight to a solicitor even though their cases are straightforward, the solicitor will just write to the Injuries Board as I have outlined above and once the money is awarded, they will take a hefty cut (typically €1,500 - €2,000) for very little work!!

    Get off the stage. I have described in previous posts everything that is wrong with the Injuries Board but to summarise:

    It's a pawn of the insurance industry

    It's fundamentally biased against the injured party

    Legislation is against the injured party, specifically the PIAB (A) Act 2007

    I have yet to see an settlement/award lower than an Injuries Board Assessment. That indicates to me that the level of assessment measured by the Injuries Board have always been inadequate.

    To suggest an injured party should not instruct a solicitor and go it alone is ridiculous. The Injuries Board has legal expertise and invariably the Respondent will too as more often than not it's an insurance company indemnifying it. The Injuries Board will do anything it can to keep the matter in to bolster its end of year statistics.

    And if you are connected with the Injuries Board you will know it's more then a solicitor filling out a form on behalf of a client. Instructions have to be taken, medical arranged, correspondence to proposed respondent, many correspondence with Injuries Board, using professional tactics to get the matter in and out as quickly as possible so we can get on with the real business of litigating and achieving a fair result.


  • #47
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Suzette wrote: »
    Hi Micky007,

    The Injuries Board was originally set up to streamline the process of making a claim for personal injuries and to combat the excessive legal costs associated with same.

    The process works as follows:

    Send in your Injuries Board application and medical report along with a cheque for €50.00 (admin fee). The medical report can be obtained from your own doctor - they wil generally charge you for same (cost approx €250.00) but you will be reimbursed this amount if your claim is successful.

    On receipt of your completed application form, the Injuries Board will write to respondent (person who is responsible for the accident) or their Insurers.

    The respondent has 90 days in which to either consent or not consent to the assessment.

    If the case is straight forward and there is no issue on liability (e.g. your vehicle is rearended by respondents vehicle and you have sustained injuries as a result), the respondent will write to the Injuries Board within the 90 days agreeing to consent to the assessment of the case.

    The Injuries Board will then write to you to advise you that the respondent has agreed to the assessment. The Injuries Board have up to 9 months to complete their assessment. Typically during this time, they will send you for a medical examination (this will cost you nothing, the respondent pays for same).

    On receipt of the up-to- date medical, if the prognosis is favourable (e.g. recovered or recovery expected within a few months), the Injuries Board will assess the matter and make an award for damages.

    They will then write to you and to the respondent giving you details of the amount awarded. You will have 28 days in which to either accept or reject the amount of the award and the respondent has 21 days in which to accept or reject the award.

    if both parties accept the award, the Injuries Board will issue a document called the "Order to Pay" to the respondent and the respondent will then issue the cheque to you (typically within 14 days).

    If either of you reject the award, the Injuries Board will issue an "Authorisation" which will allow you to issue proceedings against the respondent.

    There is no point in going to a solicitor - you are better off going through the Injuries Board process yourself. it is not that difficult. By going to a solicitor at this stage, you will be incurring costs unneccessarily. If the respondent doesn't consent to the assessment or rejects the amount of the award, then go to the solicitor at that stage.

    I have come across hundreds of cases where claimant's have gone straight to a solicitor even though their cases are straightforward, the solicitor will just write to the Injuries Board as I have outlined above and once the money is awarded, they will take a hefty cut (typically €1,500 - €2,000) for very little work!!


    Everything you say of course is correct, but I note you leave out one of the main pitfalls in the PIAB process. If a claimant turns down an award and later in court gets less the PZiAB award is treated like a tender and so there are issues related to costs. This is why in my opinion a solicitor can be very necessary.


  • #48
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Suzette wrote: »
    Hi Micky007,

    There is no point in going to a solicitor - you are better off going through the Injuries Board process yourself. it is not that difficult. By going to a solicitor at this stage, you will be incurring costs unneccessarily. If the respondent doesn't consent to the assessment or rejects the amount of the award, then go to the solicitor at that stage.

    I have come across hundreds of cases where claimant's have gone straight to a solicitor even though their cases are straightforward, the solicitor will just write to the Injuries Board as I have outlined above and once the money is awarded, they will take a hefty cut (typically €1,500 - €2,000) for very little work!!

    This is some of the worst advice I have read.

    If the Injuries Board makes an assessment, how will Mickey007 know if it is fair or if it is light? How will he or his wife know whether they should accept it?

    As ResearchWill previously pointed out, if he turns down the assessment, and then goes to court and doesn't do any better, then he won't get his legal costs and he may have to pay the other party's costs.

    Mickey007, you are getting conflicting advice from different people. Some of the advice is wrong.

    I can only say that you should get someone to recommend a competent solicitor so that you can get professional advice for yourself.


  • #49
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    a lawyer wrote: »
    Cards on table time I think! What field do you work in?

    http://www.boards.ie/vbulletin/showthread.php?p=67657822

    Insurance


  • #50
    micky007
    Closed Accounts Posts: 34 ✭micky007


    hello
    Has anyone on here had any dealings directly with the PIB and what are there experiences?
    Do they always stay with-in there time limits or can they be very quick with dealing with them?
    Are there compensation amounts genuine?
    I made an appointment to see a solicitor next week,just want to be up to speed with everything....
    AS some-one pointed out,it all seems a big game and the injured party is the pawn.
    There is no point in going to play a game with our eyes closed..!


  • #51
    micky007
    Closed Accounts Posts: 34 ✭micky007


    ANYONE ??????????????????????


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  • #52
    kennM
    Registered Users, Registered Users 2 Posts: 603 ✭✭✭kennM


    micky007 wrote: »
    hello
    Has anyone on here had any dealings directly with the PIB and what are there experiences?
    Do they always stay with-in there time limits or can they be very quick with dealing with them?
    Are there compensation amounts genuine?
    I made an appointment to see a solicitor next week,just want to be up to speed with everything....
    AS some-one pointed out,it all seems a big game and the injured party is the pawn.
    There is no point in going to play a game with our eyes closed..!

    Hi Micky007.... I have made a couple of calls to them regarding my claim. Only starting the ball rolling. Any advice or experience I have received is straight up, honest and easily understood. My experiences to date are positive.

    Regarding fair settlements etc. I've dug through plenty of forum posts. Some say its comparable with court, others say court is more. The reality is legally it has to go through PIAB. Its then up to you (and the other insurance company) to decide whether they accept the settlement figure or not.

    Regarding timeframes. I believe (according to their literature) they are legally tied to identifying a settlement within 9 months and I understand their running time is in the region of 7 at the moment. Bear in mind.... thats 7 months from the acceptance of the insurance company to allow PIAB to perform the assessment. (F.Y.I. - They have up to 3 months to say yes or no to piab actually performing an assessment).

    I would imagine there are certain circumstances/caveats to the 9 month limit based off identifying long term prognosis etc.

    It is also important to note that sometimes PIAB may not agree to perform an assessment if its particularly complex or complicated.... (from what I've heard). The exception rather than the norm.

    Hope this helps


  • #53
    micky007
    Closed Accounts Posts: 34 ✭micky007


    Thanks KennM
    Its hard to find any real cases to see weather people are happy or not with there compensation and if they used solicitors or not.
    So you sent in your forms/reports and you had to keep ringing them to get the ball rolling?did they not even notify you to say they had received the documents and what they were doing next?
    I think i will use a solicitor for my wifes case.she is not her-self and depressed.the more i think about it,the more comlex i think her case would be and the more help she would need.
    The medication the doc has put her on,she is in no real state to make decessions herself.


  • #54
    kennM
    Registered Users, Registered Users 2 Posts: 603 ✭✭✭kennM


    micky007 wrote: »
    Thanks KennM
    Its hard to find any real cases to see weather people are happy or not with there compensation and if they used solicitors or not.
    So you sent in your forms/reports and you had to keep ringing them to get the ball rolling?did they not even notify you to say they had received the documents and what they were doing next?
    I think i will use a solicitor for my wifes case.she is not her-self and depressed.the more i think about it,the more comlex i think her case would be and the more help she would need.
    The medication the doc has put her on,she is in no real state to make decessions herself.

    I've probably mis-communicated.... I contacted PIAB before I submitted my claim regarding general questions and advice. So I was speaking them before my claim was in.

    My solicitor has submitted the initial application with my initial medico legal report (which I'm not happy with... but there is a section in the form to indicate as much). I'm in the process of getting a revised one together after seeing appropriate experts for various injuries I have.

    I understand a very sizeable percentage of PIAB applications are submitted by solicitors. "Typical" fees I've heard are usually in the range of €1500/€2000 (from what I've read... so please don't flame if over or under).

    From my own personal experience I'd use a solicitor. If an insurance company comes to negotiate a settlement and offer you X, how do you know if X is actually fair? This is where your solicitor can set your expectations etc.

    Regarding depression/psychological impacts naturally PIAB etc. would need appropriate psychologist diagnosis etc. etc. etc. While physical injuries its more straight forward. Broken arm, operation, cast for 6 weeks.... physio. End of story. Black and white. Psychological..... different kettle of fish.

    Hope that clarifies?


  • #55
    micky007
    Closed Accounts Posts: 34 ✭micky007


    Thanks KennM.


  • #56
    micky007
    Closed Accounts Posts: 34 ✭micky007


    Hello kennM
    so if your not happy with your doctors report from the start,you can change it???
    Do they contact you after you send in the documents or do you have to wait the 3 months to get word from the insurance company?


  • #57
    kennM
    Registered Users, Registered Users 2 Posts: 603 ✭✭✭kennM


    micky007 wrote: »
    Hello kennM
    so if your not happy with your doctors report from the start,you can change it???
    Do they contact you after you send in the documents or do you have to wait the 3 months to get word from the insurance company?

    Anything I say is going to be anecdotal on my experiences so far so I may be open to correction, they are to the best of my understanding.

    1) Regarding being not happy you probably need to quantify that. In my case I had certain injuries that were not listed on the medico legal report (which there is evidence for... probably overlooked given the size of my file at this stage) and some other injuries I sought a second opinion from experts in that specific area to allow a more specific prognosis be garnered.

    2) Don't know the exact specifics regarding document sending and acknowledgement. I'd assume they acknowledge receipt. I understand you are allow more up to date medical reports prior to final assessment.

    Regarding the first 3 month period. Not sure how long this is typically. 3 months is the upper limit that the insurance company has to respond to accept PIAB performing an assessment. i.e. liability is not in dispute.


  • #58
    micky007
    Closed Accounts Posts: 34 ✭micky007


    Hello
    you explained it the best,its just iam new to this type of thing.Its great that the medical reports can be up dated.i suppose that is why it is a good idea to have a solicitor on your side, so they can send you to the proper specialists and get the reports.what would happen if you had,nt a solicitor,alot of your injuries would be over looked??


  • #59
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Without a solicitor, the chances are higher that there would be an assessment at a level lower than a court would award in damages. If the injury is complicated and there are ongoing symptoms it would be even more the case.


  • #60
    kennM
    Registered Users, Registered Users 2 Posts: 603 ✭✭✭kennM


    micky007 wrote: »
    Hello
    you explained it the best,its just iam new to this type of thing.Its great that the medical reports can be up dated.i suppose that is why it is a good idea to have a solicitor on your side, so they can send you to the proper specialists and get the reports.what would happen if you had,nt a solicitor,alot of your injuries would be over looked??

    Regarding sending you to the proper specialists etc. you are better off driving that through your GP. They are best suited to know and be able to refer you to the appropriate specialist for a certain type of injury.

    In my case I was always going through a solicitor. Regarding injuries being overlooked etc. The medico legal report is sent to you/your solicitor so naturally you can review it. In my case I'll simply have to get a more up to date medico legal report done up with prognosis and reports from appropriate specialists in certain areas & this material will essentially supersede the first medico legal report gone in.

    Its probably not advisable for it to be seen that the solicitor is driving your medical care..... not appropriate. Your care and well being should ideally be driven by your GP or the hospital/out patients scheme.... if still applicable in your case. And it'll be up to yourself to drive this through with your GP.


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  • #61
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Medical care is one thing. Expert witness in court is quite another. Some experts in their field are not at all comfortable or convincing in court. The may be very good practitioners and give excellent care but the tactics of some defence barristers, hassling them and harrying them can upset them. Some people are much more capable of dealing with cross examination than others.Solicitors will know who can be depended on in court.


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