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RTA. Claim process? Dash cam footage of other party in the wrong.

  • 21-01-2020 1:51pm
    #1
    Registered Users Posts: 27


    Hi
    I was in a RTA couple of weeks ago. Travelling as a passenger while working on a mini bus.
    Head on collision with another vehicle. Dash cam footage shows other party completely in the wrong. Went to a and e with chest and back pain after accident. Sent home that night with valium amand d painkillers.
    I am off work at the minute. My job is very physical, i tried to go back one day last week but went home as my back and neck started to really hurt i didn't give myself enough time to recover after the accident.
    I am now out of work for the next two weeks at least. Painkillers for the pain. Trying to rest it with two small children to mind isnt easy. Going to look into physio.
    I'm unsure whether to contact a solicitor or address the injury board myself.
    Thanks for replies


«1

Comments

  • Registered Users Posts: 2,339 ✭✭✭seagull


    Have you been in contact with the insurers?


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    You need to speak with insurance company if they fob you off then get a solicitor.

    I would advise getting physio for sure as I left it in a crash and I paid for not doing it.

    Which insurer have you contacted if any?

    Does work pay if out?

    Go to the doctor I'm sure you have get signed off till you're ready and put the social welfare forms in asap that the doctor will fill out.

    Keep receipts for everything including pain killers and doc visit as you will get this back.


  • Registered Users Posts: 27 cuddlebutt


    seagull wrote: »
    Have you been in contact with the insurers?
    No I have not yet. Should I?


  • Registered Users Posts: 27 cuddlebutt


    You need to speak with insurance company if they fob you off then get a solicitor.

    I would advise getting physio for sure as I left it in a crash and I paid for not doing it.

    Which insurer have you contacted if any?

    Does work pay if out?

    Go to the doctor I'm sure you have get signed off till you're ready and put the social welfare forms in asap that the doctor will fill out.

    Keep receipts for everything including pain killers and doc visit as you will get this back.

    Thanks for reply.
    Work have been great. They have reimbursed us for doctor and a and e fees. Only 4 weeks payed sick leave, after that its the social welfare.
    Yes seeing doctor thursday and will back date forms to the day if accident.
    Just want to get back on my feet. I don't want to file a claim against work, just the other driver.
    I contacted a solicitor today who advised telling my doctor this week that I am filing a claim and also to ask for a mri scan.


  • Registered Users Posts: 3,817 ✭✭✭Darc19


    cuddlebutt wrote: »
    I contacted a solicitor today who advised telling my doctor this week that I am filing a claim and also to ask for a mri scan.

    Mri scan?

    Let the doctor decide not some insurance chasing solicitor who has no medical experience.

    All the solicitor is thinking of is how much they can get out of it


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  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    cuddlebutt wrote: »
    Thanks for reply.
    Work have been great. They have reimbursed us for doctor and a and e fees. Only 4 weeks payed sick leave, after that its the social welfare.
    Yes seeing doctor thursday and will back date forms to the day if accident.
    Just want to get back on my feet. I don't want to file a claim against work, just the other driver.
    I contacted a solicitor today who advised telling my doctor this week that I am filing a claim and also to ask for a mri scan.

    MRI scan is jumping ahead there.

    I have been unfortunately been in quite a few crashes driving and passenger over the years.

    Get physio and try get walking etc but only once your doctor advised you to do so.

    Take your time and don't rush as if there is any serious damage you don't want to make it worse.


  • Registered Users Posts: 27 cuddlebutt


    Darc19 wrote: »
    Mri scan?

    Let the doctor decide not some insurance chasing solicitor who has no medical experience.

    All the solicitor is thinking of is how much they can get out of it
    My exact thoughts an MRI scan seems excessive🀦*♀️


  • Registered Users Posts: 27 cuddlebutt


    MRI scan is jumping ahead there.

    I have been unfortunately been in quite a few crashes driving and passenger over the years.

    Get physio and try get walking etc but only once your doctor advised you to do so.

    Take your time and don't rush as if there is any serious damage you don't want to make it worse.
    Thanks. So do you think theres any need for a MRI scan? Where do I go from here in your experience.


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    cuddlebutt wrote: »
    Thanks. So do you think theres any need for a MRI scan? Where do I go from here in your experience.

    MRI is sort of last resort if issues persist....

    Obviously I'm no doctor so can't comment but neither can a solicitor as they can advise of course but a doctor would decide that.

    I'd get the physio and go with someone that has credentials for it and are certified.

    I've gone through the process and it really depends on how well you heal and process you know you've made.

    Insurance is there for this exact reason and if you're down wages this will be also fixed.

    Don't hesitate to pm or whatever if you have any issues.


  • Registered Users Posts: 36,161 ✭✭✭✭ED E


    Its worth noting your boss needs to report this to the HSA if you've missed three days work, if your boss is you then you need to report it.


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  • Registered Users Posts: 27 cuddlebutt


    Thankyou for all your advice
    MRI is sort of last resort if issues persist....

    Obviously I'm no doctor so can't comment but neither can a solicitor as they can advise of course but a doctor would decide that.

    I'd get the physio and go with someone that has credentials for it and are certified.

    I've gone through the process and it really depends on how well you heal and process you know you've made.

    Insurance is there for this exact reason and if you're down wages this will be also fixed.

    Don't hesitate to pm or whatever if you have any issues.


  • Registered Users Posts: 28,005 ✭✭✭✭AndrewJRenko


    Is the mini-bus and driver part of your organisation, or is it contracted in? I'm presuming that you were travelling on the bus under your employer's instructions?


  • Registered Users Posts: 27 cuddlebutt


    Is the mini-bus and driver part of your organisation, or is it contracted in? I'm presuming that you were travelling on the bus under your employer's instructions?

    Yes, mini bus and driver part of the organisation.
    Yes travelling on the bus during working hours under employer's instructions.


  • Registered Users Posts: 2,911 ✭✭✭Eggs For Dinner


    cuddlebutt wrote: »
    Yes, mini bus and driver part of the organisation.
    Yes travelling on the bus during working hours under employer's instructions.

    That is not important if the other driver is at fault. It is a standard RTA and your right of redress is directly against the other driver.

    Your employer would only be involved if the driver of their minibus was in some way negligent


  • Registered Users Posts: 27 cuddlebutt


    That is not important if the other driver is at fault. It is a standard RTA and your right of redress is directly against the other driver.

    Your employer would only be involved if the driver of their minibus was in some way negligent
    The other driver was at fault. The driver of the mini bus was not.


  • Registered Users Posts: 2,911 ✭✭✭Eggs For Dinner


    cuddlebutt wrote: »
    The other driver was at fault. The driver of the mini bus was not.

    That's my point


  • Registered Users Posts: 28,005 ✭✭✭✭AndrewJRenko


    cuddlebutt wrote: »
    The other driver was at fault. The driver of the mini bus was not.
    I'd get a solicitor's advice on this. There may be reasons for taking action against the employer and/or the minibus insurance company, and leaving them to take action against the other driver/insurer.



    If you do end up being out of pocket due to loss of earnings, this could become a very substantial claim.


  • Registered Users Posts: 2,911 ✭✭✭Eggs For Dinner


    I'd get a solicitor's advice on this. There may be reasons for taking action against the employer and/or the minibus insurance company, and leaving them to take action against the other driver/insurer.



    If you do end up being out of pocket due to loss of earnings, this could become a very substantial claim.

    How do you consider the OP's employer to have breached his duty of care to his employee?


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    I'd get a solicitor's advice on this. There may be reasons for taking action against the employer and/or the minibus insurance company, and leaving them to take action against the other driver/insurer.



    If you do end up being out of pocket due to loss of earnings, this could become a very substantial claim.

    What????

    It's up to the person's at faults insurer.

    We have established this from the original post where the op states the other party was at fault.

    Any out of expense items or wages lost will be compensated but how long is the only question.


  • Registered Users Posts: 28,005 ✭✭✭✭AndrewJRenko


    How do you consider the OP's employer to have breached his duty of care to his employee?
    What????

    It's up to the person's at faults insurer.

    We have established this from the original post where the op states the other party was at fault.

    Any out of expense items or wages lost will be compensated but how long is the only question.

    There isn't enough information here, but there could be questions about;

    - how the employer recruits and trains the driver
    - how the employer maintains the bus
    - what seat belts are available, and what procedures are in place to ensure they are worn

    You don't want to get caught up in a legal dispute about liability and blame for the collision. If you're injured at work, your employer should (in theory) look after you.


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  • Registered Users Posts: 27 cuddlebutt


    There isn't enough information here, but there could be questions about;

    - how the employer recruits and trains the driver
    - how the employer maintains the bus
    - what seat belts are available, and what procedures are in place to ensure they are worn

    You don't want to get caught up in a legal dispute about liability and blame for the collision. If you're injured at work, your employer should (in theory) look after you.
    Hi I was a passenger in the minibus I work for during working hours carrying out the job I am employed to do. The driver of the mini bus was also injured. The other driver has admitted liability and dash cam footage shows they were 100% in the wrong. We are both off work now claiming social welfare. We have sick pay in work but that will run iut in about a week and a half. I do not want to want to claim from where I Work as I don't see how our workplace is liable? I do want to claim from the party who was in the wrong.
    I do hope to be back working in a few more weeks. At the minute I am unable as my job is physical and as I said I tried to go back one day last week and ending up going home as I was unable to carry out my duties without being in pain. So I am resting as much as I can now going back to doctor thursday, I will ask for physio, another cert for a couple of weeks till I'm ok and I do believe I will be ok in time.
    Work has said they want me to be well coming back not 50% like I was when I went back one day last week.
    As I said above I've contacted a solicitor whonsaid get a MRI? Just seems excessive and I don't want to get myself into a legal muddle with a money hungry solicitor who will prop me up for financial gain.
    Thanks for reading.


  • Registered Users Posts: 28,005 ✭✭✭✭AndrewJRenko


    cuddlebutt wrote: »
    Hi I was a passenger in the minibus I work for during working hours carrying out the job I am employed to do. The driver of the mini bus was also injured. The other driver has admitted liability and dash cam footage shows they were 100% in the wrong. We are both off work now claiming social welfare. We have sick pay in work but that will run iut in about a week and a half. I do not want to want to claim from where I Work as I don't see how our workplace is liable? I do want to claim from the party who was in the wrong.
    I do hope to be back working in a few more weeks. At the minute I am unable as my job is physical and as I said I tried to go back one day last week and ending up going home as I was unable to carry out my duties without being in pain. So I am resting as much as I can now going back to doctor thursday, I will ask for physio, another cert for a couple of weeks till I'm ok and I do believe I will be ok in time.
    Work has said they want me to be well coming back not 50% like I was when I went back one day last week.
    As I said above I've contacted a solicitor whonsaid get a MRI? Just seems excessive and I don't want to get myself into a legal muddle with a money hungry solicitor who will prop me up for financial gain.
    Thanks for reading.

    It's your call, though:
    • I'd be inclined to leave questions of liability to the legal folks involved - there may be stuff going on that you're not aware of. When was the last time the brakes were serviced on your bus, for example?
    • I understand the reluctance to take action against your employer. If this is a short term issue that requires a few physio sessions to address, you're probably on the right track. If this proves to be an issue of lifetime chronic pain and unable to continue in your current career, you may not have the luxury of choosing who you want to sue.


  • Registered Users Posts: 2,339 ✭✭✭seagull


    I'd expect your employer's insurance to be giving you some guidance on this. Given you were travelling in your employer's vehicle, you could claim from them and then leave it to them to go after the driver who caused the accident.


  • Registered Users Posts: 2,911 ✭✭✭Eggs For Dinner


    seagull wrote: »
    I'd expect your employer's insurance to be giving you some guidance on this. Given you were travelling in your employer's vehicle, you could claim from them and then leave it to them to go after the driver who caused the accident.

    You cannot claim against your employer if they were not liable for the injury caused to their employee. Yes, a duty of care is owed, but where have they breached that duty?

    *We are taking the OP's word that there is no doubt the other driver clearly caused the accident.


  • Registered Users Posts: 28,005 ✭✭✭✭AndrewJRenko


    You cannot claim against your employer if they were not liable for the injury caused to their employee. Yes, a duty of care is owed, but where have they breached that duty?

    *We are taking the OP's word that there is no doubt the other driver clearly caused the accident.
    With all due respect, it is unlikely that the OP has either sufficient information or the technical skill to make that judgement.


  • Registered Users Posts: 27 cuddlebutt


    With all due respect, it is unlikely that the OP has either sufficient information or the technical skill to make that judgement.
    The other driver admitted liability at the scene. My company has already filed a claim for a new bus.


  • Registered Users Posts: 24,647 ✭✭✭✭punisher5112


    With all due respect, it is unlikely that the OP has either sufficient information or the technical skill to make that judgement.

    Insurance is there for a reason and it's up to the person's that are at faults side to rectify any issues.


  • Registered Users Posts: 3,817 ✭✭✭Darc19


    I think Andrewjrenko could be correct as the op was working at the time.


    Maybe check with someone who has knowledge of the intricacies of workplace accidents - even if a third party is to blame.

    I don't think they cannot pay you as the accident was during work hours in a work vehicle.

    Different if you had the accident in your vehicle on the way home.


    I'd contact the company's insurance company for their opinion - they would in turn claim off the other insurance


  • Registered Users Posts: 2,911 ✭✭✭Eggs For Dinner


    Darc19 wrote: »
    I think Andrewjrenko could be correct as the op was working at the time.


    Maybe check with someone who has knowledge of the intricacies of workplace accidents - even if a third party is to blame.

    I don't think they cannot pay you as the accident was during work hours in a work vehicle.

    Different if you had the accident in your vehicle on the way home.


    I'd contact the company's insurance company for their opinion - they would in turn claim off the other insurance

    What would be the specific allegation the OP should make against the employer in this instance?


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  • Registered Users Posts: 28,005 ✭✭✭✭AndrewJRenko


    cuddlebutt wrote: »
    The other driver admitted liability at the scene. My company has already filed a claim for a new bus.
    The other driver's admission is not legally binding, and may indeed cause him difficulties with his own insurance, which may not be good news for those trying to claim off that insurance.

    Your employer's claim for a new bus is entirely irrelevant to your claim.
    Insurance is there for a reason and it's up to the person's that are at faults side to rectify any issues.
    The employer also has Employer's Liability insurance to cover their liability to their employees.


This discussion has been closed.
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