Luminous

iTrader: (3)

Basically I was involved in a very nasty smash early this year. Some numptie pulled out of a junction, without looking, straight across all the lanes of a dual carriageway. I was the unlucky sod who "collected him".

Fortunately no bones were broken in the accident, although I have suffered considerable pain from whiplash, backache, headaches, an extra "floater in my right eye" and bruising to limbs from the crash.

After eight months of coming out with utter nonsense they have finally had to admit liability due to the police report criticising the other driver in numerous ways (not least careless driving).

I am about to go for a medical assessment with regards to my claim for injuries. I have already been shafted by the insurance company over several things.
1) Value of the car
2) Modifications not insured
3) Policy cancelled in the event of a claim, and no refund given for the remainder of your policy (which is not recoverable from the other driver).

The last thing I want is to be screwed over when it comes to this assessment. Is there anything I need to be on the look out for?

Account deleted by request

Thats not being screwed....thats a consequence of not informing your insurance company of mods as per the agreement. Unless they wouldn't pay full value.

As far as your question goes it is a good idea to list all of the problems that you have had and are STILL having, in time/date order will also help.

You have to demostrate what injuries you have suffered and the long term prognosis.

It will do no harm to make them realise that these long term injuries that will need ongoing treatment and will be of detriment to your life.

Doctors notes will also help.

Hope you recover well.

chop

gareth1

I think the best advise is to be totally honest with your symptons etc. The Consultant you will go to for the medical report will see loads of people day in and day out and if you over egg it you will do you self no favours.

Also remember to tell the consultant of any other accidents you have had in the past. If you dont, mention them and they are noticed in your medical notes this will raise concerns as to your credibilty etc.

In terms of the modifications to your car these could be claimed as an uninsured loss from the other side now they have accpeted liability.

gareth1

Not really the case.

It is for the consultant to provide the prognosis, not the claimant. The Consultant should have access to all the medical records, notes and xrays etc as these should have been provided by the Solicitor at the time of instructing the Consultant.

Account deleted by request

Wasn't the case when I was involved in my mum's claim 4 years ago, he stated what the prognosis was and in our opinion it was totally incorrect. We argued this and won.

You have to realise that they are obviously looking to pay as little as possible. I agree you have to be honest but you also have a right to make sure their assemment is correct.


chop

stevencotton

The consultant will probably get you in for an interview, as happened with me. I just sat there for half an hour with him whilst he tape recorded a conversation about _every_ negative impact (no pun intended) the crash had on my life. He had access to all of my medical records (you'll be asked for permission for them to get them from your doctor), and covered everything from my aunt having to do my shopping because I was unable to walk, to all of the direct physical problems that resulted from the crash.

Luminous

iTrader: (3)

Thanks for those opinions, nice to know that nobody has encountered and really nasty hidden pitfalls

As for the modifications, they were declared, or the insurance company would not have paid out at all. Non declaration often invalidates the policy entirely. Its just that Bell do not insure the modifications themselves. I will have to pursue them separately for this, thanks for reminding me

R1916v

I've go tone of these with my gp for a smash I had in Feb, some woman went into the back of me @70mph. I was stationary at some traffic lights

mart360

Ive just had my claim settled...

you are basically going to see a doctor, he will talk you through the accident, and any after effects and take copious notes,

he will then give you a full exam and make some recomendations,

this will be forwarded to your claims assesor who will make a claim based on the findings and the report.

should you wish to go further, they will do a further assesment and pull your medical records.. and so on..

for a quick heads up

1 rear end whiplash, no major injurys but 1 week off work perscrips & medication & some physio..

£1750

although you dont get the physio portion of the claim


Mart

Luminous

iTrader: (3)

Yeah, sounds like a similar impact speed. Not a lot of fun is it. I am just glad that I managed to manouvre my car reasonably well. Took the hit on my passenger side, and hit just behind his rear axle when I went into him.

Both areas of the cars that actually made contact were totally severed. It could have been so much worse.

R1916v

Luckily I had my foot on the brake as well as the handbrake, how I managed not to damage the car infront I don't know. The ford Ka hit my rear 3/4 and just bounced off (writing mine off in the process).

And all she got for it was to be sent on a driver improvement course at a cost of 100 to her. Wasn't aware sex change ops were so cheap

Luminous

iTrader: (3)

OOOOOOOOHHHHHHHHHHH!!!

sex change op

I'd be looking in that rear view mirror of yours like a hawk Next time someone whacks you it may well be deliberate after that comment

Puff The Magic Wagon!

iTrader: (2)

Not speaking via the wife.

1st things 1st. The value of the car has to be agreed with the other party, not your insurers. If you disagree on anything, get counter evidence and present it to them & that includes the value of mods that have been damaged/destroyed etc.

Bollox to your item 3. That is what is known as an "uninsured loss". Along with items like the taxis you had to take to get to work/hospital & the other sundry bits & pieces. You have a duty of care to keep such losses to a minimum but reasonable items will/should be paid for.

Regards the PI aspect, be truthfull, don't swing the lead but record all instances of pain and/or impairment. Report all these to the doctor + question any effects you may have in the future - its your body, understand what has happened & what it means longterm.

Finally, from the sound of it, get a specialist PI solicitor to deal with your claim for you - not a "claims specialist". May not seem much but you will get expert opinion/advice over a sales target result & that will impact on the end result. It shouldn't cost you a bean & bearing in mind liability is not in issue, then you owe it to yourself to get it right & fair.

Luminous

iTrader: (3)

Oh ****

Looks like the people I have been talking to have not been correct if what you have posted above is correct.

Just to clarify. When I had the crash, the other party contested liability. I therefore claimed on my own insurance. They paid out what they thought was a fair price, we haggled a little. They said that they would not pay more, as they were uncertain that they would be able to re-claim any increase from the other party.

I have full legal cover with my policy, so within a few days a sister/partner company called Albany Uninsured Loss Recovery Service got in touch with me. I have already authoried that they can handle my claim (have done so several months ago )

They told me that I would be unable to recover the balance of my insurance premium after making the claim. The reason they say this, is because I should have known about this when taking out the policy. It was my choice to have a policy like this, and therefore not reasonable to expect the other party to pay.

I can see me having to get onto the phone with them tomorrow...

Can I sack them if I do not like what I hear?
Can I use them just to pursue the personal injury side of things (which they have so far being helpful with), and get someone else to do the remainder if Albany do not feel that they can help me?

Midlife......

iTrader: (2)

Luminous

As a Consultant I come across these things.... dealing with people being injured isn't nice and I hope you are on the mend

Injuries are injuries however they occur, they could be from a car accident or from being assaulted outside a pub ! we are mindful of the circumstances but we simply report what has happened, what treatment has been carried out, what the prognosis is and the like without being judgemental.

If you are on the level there's nothing to worry about IMHO

Midlife.....

Puff The Magic Wagon!

iTrader: (2)

Lum

We have a couple of things there.

You claimed off your insurance. They paid what they thought was "fair". You don't think that is fair. Therefore, collect your evidence & submit the difference to the 3rd party - uninsured losses. It's up to your insurers to claim their own bit from the other side. Make sure any NCB is kept too.

I'm not a lawyer, wife is, but it would seem to me that any reasonable losses as a result of the accident should be met by the 3rd party - therefore any losses you had to pay out or incur due to the accident. The premise is that you should not be adversely affected by the accident if not your fault. Your point 3 is a material loss - you have lost the benefit of a policy (or the remainder of) as a result of their client - its irrelevant to the "type" of policy you took out.

You can "sack" a claims company/solicitor at any time if you are unhappy with the work/service they are doing on your behalf. You might have to pay some dispersments [sp] or an insurance penalty (no win/no fee costs) but they should be minimal They may take costs out of a final settlement but those should be covered by the other side. I don't think they are able to get a win bonus if sacked.

You will be better off getting one company to deal with everything as opposed to having 2 companies dealing with separate bits.

Look for an APIL (association of personal injury lawyers) panel member.

Not saying you'll get bundles more but they are the professionals and from the sound of it, you are not getting best advice from your current lot. If nothing else, give an APIL member a phonecall for a chat - generally free - before asking q's of your lot.

As I said, not a lawyer myself, just my experience of what goes on in wife's life, so get expert advice.

Milamber

iTrader: (2)

Best advice so far.

Luminous

iTrader: (3)

Thanks Magic I can forsee a few phone calls being made in the near future.