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Personal Injury Claim without Solicitor?

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  • 23-07-2019 2:56pm
    #1
    roboc80
    Registered Users Posts: 2 ✭


    Hi people,

    Just a quick one for anyone on here that has experience in how the legal professional works.

    I was recently in an accident. Liability is with the other party. I ended up sustaining a shoulder dislocation that will possibly require surgery ( I need the swelling to go down to see how bad it really is).

    I have spoken to the other parties insurances as they have accepted liability for my vehicle and I'm just wondering what is the best way of approaching this without engaging a solicitor. I had a family relative who was involved in an accident before and when solicitors became involved it ended up becoming a 3 year ordeal that added more stress than it was financially worth.

    I understand solicitors play a great part in getting the best deal for you, but I definitely don't want this to become a long and drawn out ordeal.

    What is the best way of approaching this with their solicitors?


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    #2
    Gloomtastic!
    Registered Users Posts: 8,349 ✭✭✭Gloomtastic!


    Personal Injuries Board

    https://www.piab.ie/eng/


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    #3
    roboc80
    Registered Users Posts: 2 ✭roboc80


    Thanks for that...I heard it can take over a year for the PIAB to have you assessed and a settlement agreed.

    I really don't want the stress of all this.

    ideally I'd like to be open with their insurance company, submit whatever doctors, specialists reports I have, see whatever specialist they recommend and then just come to an agreement. I don't really want the added stress that comes with a drawn out process and it doesn't make sense for the insurance company either to have extra legal fees on top of a settlement.


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    #4
    Miaireland
    Registered Users Posts: 4,063 ✭✭✭Miaireland


    To the best of my knowledge for an Personal Injuries Claim you have to go through the Injuries Board. You do not need a Solicitor to do this.


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    #5
    antix80
    Registered Users Posts: 2,419 ✭✭✭antix80


    You don't want stress, but you don't want to use a solicitor? You know the whole point of a solicitor is he'll do all the leg-work for you? You can tell your solicitor that you don't want this to be drawn out, you want to stay out of court, and what sort of settlement you want. If you try to do it yourself it could be dragged out even longer and you could end up out of pocket at the end of it.


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    #6
    Mr. Incognito
    Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    Hello there

    The reality is that most cases take a while to conclude because the medicals require that the injury is properly assessed which takes time and is subject to healing.

    Once you settle you settle so if you take a sum now (which would not be guided by medical reports) and subsequently that injury turns out to be worse you cannot go back and look for more compensation. The case is closed.

    Get a solicitor. They will save you a LOT of hassle. Mostly from your own ignorance. They are experienced and you are paying for experience.


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    #7
    Eggs For Dinner
    Registered Users Posts: 2,945 ✭✭✭Eggs For Dinner


    You've nothing to lose by going to PIAB directly. You can always reject their assessment if you don't find it adequate and go down the legal route then.


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    #8
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    Eggs For Dinner wrote: »
    You've nothing to lose by going to PIAB directly. You can always reject their assessment if you don't find it adequate and go down the legal route then.

    You can certainly lose by going to PIAB directly. You may well be stuck with something you have written on the form that you shouldn't have put on it or worded it in the way you did. Solicitors are experienced professionals and will know what should be said and not said at each stage.


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    #9
    randomchild
    Registered Users Posts: 886 ✭✭✭randomchild


    The PIAB process is very straightforward and is designed to operate without a solicitor being needed, just fill in the forms and follow the instructions, they have a very good helpdesk that often guides lay litigants through the process.


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    #10
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    randomchild wrote: »
    The PIAB process is very straightforward and is designed to operate without a solicitor being needed, just fill in the forms and follow the instructions, they have a very good helpdesk that often guides lay litigants through the process.

    The process was designed by the Insurance Industry for the Insurance Industry. It often happens that people put a badly worded phrase on the application only later to have it used against them.


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    #11
    randomchild
    Registered Users Posts: 886 ✭✭✭randomchild


    That's no different than putting a badly worded phrase on a personal injury summons and having it used against you.


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    #12
    Claw Hammer
    Registered Users Posts: 6,163 ✭✭✭Claw Hammer


    randomchild wrote: »
    That's no different than putting a badly worded phrase on a personal injury summons and having it used against you.

    If a barrister puts a badly worded phrase on a personal injury summons and loss is caused to the injured person as a result, the instructing solicitor can be sued for the loss. That is why it is better to get an experienced professional to do the job rather than trying DIY.


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    #13
    Eggs For Dinner
    Registered Users Posts: 2,945 ✭✭✭Eggs For Dinner


    Claw Hammer wrote: »
    You can certainly lose by going to PIAB directly. You may well be stuck with something you have written on the form that you shouldn't have put on it or worded it in the way you did. Solicitors are experienced professionals and will know what should be said and not said at each stage.

    The truth is the truth. Give me an example of what a claimant could put on an application and how a solicitor would do it differently


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    #14
    Mr. Incognito
    Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    Eggs For Dinner wrote: »
    The truth is the truth. Give me an example of what a claimant could put on an application and how a solicitor would do it differently

    A solicitor will make sure all your injuries are assessed and there is a final and diagnosis and prognosis

    If your solicitor screws up he has insurance and you can get paid out of that.

    If you screw up - well, by the time you find out it's too late.


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    #15
    Eggs For Dinner
    Registered Users Posts: 2,945 ✭✭✭Eggs For Dinner


    Mr. Incognito wrote: »
    A solicitor will make sure all your injuries are assessed and there is a final and diagnosis and prognosis

    e.

    Seriously, you think that's the role of a solicitor and a claimant can't make an appointment with a consultant?


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    #16
    Mr. Incognito
    Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    Eggs For Dinner wrote: »
    Seriously, you think that's the role of a solicitor and a claimant can't make an appointment with a consultant?

    Off you go. Best of luck with it. You dont even understand the point I was making.


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    #17
    BattleCorp
    Registered Users Posts: 11,758 ✭✭✭✭BattleCorp


    roboc80 wrote: »

    I understand solicitors play a great part in getting the best deal for you, but I definitely don't want this to become a long and drawn out ordeal.


    If you want to get the best possible deal, engage the services of a good solicitor. They know what they are doing, you don't.

    It may have to become a long drawn out ordeal as you don't know the prognosis of your shoulder injury. You say you may need an operation. You may need several as it's too early to tell how bad the injury is and as you have already been advised, once you settle, then that's it. It's done and dusted and you can't revisit the well if you need further treatment.

    I know that the PIAB system was designed to take solicitors out of the loop but you'd be foolish to try do it all yourself. Like you said, solicitors play a great part in getting you the best deal possible.


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    #18
    Eggs For Dinner
    Registered Users Posts: 2,945 ✭✭✭Eggs For Dinner


    Mr. Incognito wrote: »
    Off you go. Best of luck with it. You dont even understand the point I was making.

    There is nothing vague about the part I quoted. Unless you meant a solicitor will ensure you go to the 'right' consultant


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    #19
    Mad_maxx
    Registered Users Posts: 13,505 ✭✭✭✭Mad_maxx


    The other side have claimed liability, that's more than half the battle, I'd apply to the PIAB alone.


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    #20
    Weltsmertz
    Registered Users Posts: 308 ✭✭Weltsmertz


    Engage a solicitor, preferably a compo solicitor.
    One that will be able to direct you to the "right" doctor and the "right" physio.
    If you have a legitimate injury the insurance company will offer to settle. If you don't want it drawn out,, settle. Solicitor will be able to advise as to whether the offer is reasonable.

    If you attempt to do it yourself insurance company much less likely to settle and a lot more hassle for you. If they offer to settle it will be much lower than they would offer through a solicitor. PIAB a tool of the insurance industry and in my opinion you would be foolish to engage with them without a solicitor.

    And be honest. You are after compo.


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    #21
    BattleCorp
    Registered Users Posts: 11,758 ✭✭✭✭BattleCorp


    Mad_maxx wrote: »
    The other side have claimed liability, that's more than half the battle, I'd apply to the PIAB alone.

    PIAB don't consider the issue of liability. It's nothing to do with them.


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    #22
    Mad_maxx
    Registered Users Posts: 13,505 ✭✭✭✭Mad_maxx


    BattleCorp wrote: »
    PIAB don't consider the issue of liability. It's nothing to do with them.

    Beside the point, the key point is the OP is dealing with a co-operative other party


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    #23
    _Brian
    Registered Users Posts: 18,501 ✭✭✭✭_Brian


    OP be open and straight with their insurance, that’s correct.

    But if they get a sniff you don’t want the bother of piab then they will take the piss and offer stupid compensation.


    I had a life changing accident ten years ago, FBD were ringing up at 11:30 at night making stupid “quick settlement” offers if I was stuck. I had to get a solicitor just to stop them hastling me. I later realised that the amount they were offering was the excess the client had to pay on the claim.
    I do understand your fear of stress and dragged out proceedings though. FBD made a huge ordeal afterwards and turned it onto a 5 year deal, only to void the business insurance at a settlement meeting on fourcourts, guy had to cut a business cheque to cover the claim. I was appalled at their carry on.


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    #24
    BattleCorp
    Registered Users Posts: 11,758 ✭✭✭✭BattleCorp


    Mad_maxx wrote: »
    Beside the point, the key point is the OP is dealing with a co-operative other party

    A co-operative other party who will want to pay out as little as possible to settle the claim. They'd co-operatively pay nothing if they thought they could.

    I help solicitors defend personal injury claims and I'm always delighted when someone goes to PIAB themselves and doesn't have a solicitor representing them.

    PIAB is grand if it's a simple cut with four stitches, but if it's a complex injury, people need to be advised with regard to the best course of action.


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    #25
    Mad_maxx
    Registered Users Posts: 13,505 ✭✭✭✭Mad_maxx


    BattleCorp wrote: »
    A co-operative other party who will want to pay out as little as possible to settle the claim. They'd co-operatively pay nothing if they thought they could.

    I help solicitors defend personal injury claims and I'm always delighted when someone goes to PIAB themselves and doesn't have a solicitor representing them.

    PIAB is grand if it's a simple cut with four stitches, but if it's a complex injury, people need to be advised with regard to the best course of action.

    It's irrelevant whether the person liable ( and crucially who has admitted liability) wishes to see as little as possible paid out, if the OP believes that the PIAB recommends an unsatisfactory settlement, they can then approach a solicitor and go to court.

    I'm dealing with the PIAB at the minute but unlike the OP, the person responsible is being utterly Beligerent, won't engage on any level so I have employed a solicitor as the other side have refused to even notify their insurance company as to what happened.

    You have to go through the PIAB first anyway, it's often nothing but a tick box exercise if either liability is a problem or the injuries are complex so inevitably court is required.

    The insurance companies will aim to low ball regardless.


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