Collision compensation, frustrating, but is this normal?

[midlife]

An accident is not necessarily negligence said Lord Denning, and the reverse applies.

This is not a criminal matter but a civil wrong. The op should gave claimed via cica for the criminal compensation side of things

Shaun

 

[ufkacbln]

Unfortunately yes

We had a car reverse out of a parking space into the side of our car

Luckily we had a camera and took photos, then made a claim against the driver's insurance including an amount to cover loss of no claims and expenses

Over the next 6 months;

1. We were lying and they were going to do us for a fraudulent claim
2. We had driven into their vehicle
3. We were guilty of defaming the character of their driver by claiming his driving was not up to standard... and this was could lead to legal action if we continued
4. We should withdraw the claim as they were going to make a counter clam if we did not

Some 6 months of bullying and intimidation, we were informed that they were in fact taking the matter to court in Norwich

So we asked for clarification over expenses as we wished to recover costs and lost earnings

At this point they decided that they would drop the case if we dropped the claim.

We substituted the same evidence again, added additional costs for the correspondence, and another request confirming that they would accept costs

They then offered to pay 50% of the claim

We then advised them that we looked forward to seeing them in court, they caved in and paid the lot!

A complaint to the Ombudsman resulted in a reply that these were "appropriate" steps to ensure the claim was appropriate!


Solicitor and our insurance company were quite happy for us to take the hit on our policy drop the claim and were totally useless

 

[ufkacbln]

As an afterthought....


Are you a member of a trade union?

Can they give you legal advice?

 

[TVC]

You are clearly getting very bad service. When I got knocked off I engaged a solicitor who got interim payments, costs for dental work and the bike within days of me presenting receipts. The medical report was done by the local Bupa hospital and passed to the solicitor within a week, and the whole thing was settled in about 10 months.
As for an idea of how to improve the process, I can't add to what has already been said.

 

[midlife]

Just curious as to what recognisable psychiatric illness you are claiming for under what is generally called "nervous shock". Post traumatic stress disorder?

Shaun

 

[vickster]

What expert did you see? A GP? An orthopaedic surgeon? I saw an ortho rightly due to the nature of my injury and the fact I had orthopaedic surgery as a result. However, in my report, the expert recommended a psychological report as he is not qualified to comment on that aspect. I did see a counsellor after that, but her report was deemed insufficient for the claim, so I have now seen a clinical psychologist and the report is in process.

I'm surprised you've not seen the relevant parts of your medical records. All of the notes from the hospitals, GPs and then surgeon who operated were contained within the expert report.

I'm with LeighDay through british cycling, although it's slow (the accident was a year ago) everything is being done thoroughly. Indeed, I am waiting to see the ortho expert again as I still have pain at the injury site, despite his assertion that it would all be healed by now.

Ask the solicitor to arrange a clinical psychologist report for you so you can discuss that aspect with the correct expert.

I've had no remuneration, including out of pocket costs (like lost salary, helmet, clothing) but I've not asked as I don't need the money.

As above it sounds like you might want to speak to a criminal expert at slater & Gordon. Ask your solicitor to put you in touch with the right person. I think the PI lawyers are more familiar with gaining compensation for physical rather than psychological injuries as the main complaint, rather than the psychological as your case

 

[Ganymede]

Just curious as to what recognisable psychiatric illness you are claiming for under what is generally called "nervous shock". Post traumatic stress disorder?

Shaun

I'm sorry Shaun, but it seems as though you haven't read the original thread on this and I respectfully suggest a little more sensitivity. @Sara_H had a horrendous experience which resulted in her criminal attacker being convicted and jailed, and she doesn't need questions at this stage about the legitimacy of her suffering. I suggest your curiosity could be assuaged by reading what she's written upthread and elsewhere on the forum and not by asking her to go over the details of a really difficult experience just for you.

 

[Sara_H]

What expert did you see? A GP? An orthopaedic surgeon? I saw an ortho rightly due to the nature of my injury and the fact I had orthopaedic surgery as a result. However, in my report, the expert recommended a psychological report as he is not qualified to comment on that aspect. I did see a counsellor after that, but her report was deemed insufficient for the claim, so I have now seen a clinical psychologist and the report is in process.

I'm surprised you've not seen the relevant parts of your medical records. All of the notes from the hospitals, GPs and then surgeon who operated were contained within the expert report.

I'm with LeighDay through british cycling, although it's slow (the accident was a year ago) everything is being done thoroughly. Indeed, I am waiting to see the ortho expert again as I still have pain at the injury site, despite his assertion that it would all be healed by now.

Ask the solicitor to arrange a clinical psychologist report for you so you can discuss that aspect with the correct expert.

I've had no remuneration, including out of pocket costs (like lost salary, helmet, clothing) but I've not asked as I don't need the money.

As above it sounds like you might want to speak to a criminal expert at slater & Gordon. Ask your solicitor to put you in touch with the right person. I think the PI lawyers are more familiar with gaining compensation for physical rather than psychological injuries as the main complaint, rather than the psychological as your case

All I've seen is a report written by the "medical expert" who I believe is a GP, after I had an appointment with him in November. He hasn't actually made reference to my medical notes at all.
He's totally glossed over the psychological impact of being victim of such an assault. I was speaking to a psychologist I know professionally and she seemed surprised that he hadn't recomended a separate psychological report.

 

[midlife]

Hi Ganymede
Sorry to appear somewhat heartless, I have every sympathy with Sara's plight and I apologise if I have offended anyone but that isn't my intention.

Sara posted on a public forum and all I was doing was trying to offer objective advice. I prepare such reports as part of my job as an NHS consultant and have to deal with the legal side of things as well.

The law unfortunately has to follow due process and in this case Sarah has to prove harm was caused and that means it needs to be recognised. Hence my suggestion that she should seek a report from an appropriate indivual in respect of any psychological harm. The harm has to constitute a recognised medical condition.

Again I apologise if I have cause any offence and from her on in I will try and stick to 1970's bikes.

Shaun

 

[vickster]

It seems very different to my experience so far. Ask to see a clinical psychologist, it'll be a thorough assessment of that aspect. The GP would only have dealt with the physical. Maybe he didn't actually have the notes at the time. It took several months for my report to be compiled as the expert had to wait for the notes from 3 hospitals and the GP. I thought he had the, before but evidently not, presumably as there are enough fraudulent claims etc that time isn't wasted getting notes if the claim is determined by the expert to be bogus

And talk to the solicitor about whether this should be done through the criminal injuries compensation mechanism, rather than accident related personal injury. I expect they are different

You said you've not heard from the solicitor, did you phone or email? If the latter, follow up with a phonecall tomorrow. Emails get lost in inboxes or perhaps the solicitor was out of office

 

[srw]

The "solicitor" actually doing the work might well be an underpaid unqualified drudge. The "independent doctor" might well be on a retainer from the legal firm. If a claim is straightforward then there are strict limits on timescale and legal costs - and, rightly, the insurance company concerned will look to keep the claim simple, as the less they pay out in aggregate the cheaper everyone's insurance is. But a good firm of solicitors will try and spot the cases which aren't simple and make sure they're dealt with properly for the claimant. A criminal conviction and a jail sentence really ought to be a sign that there's something more going on.

If you're unhappy with the progress of your claim let CTC know you're unhappy. Also make a formal complaint to the solicitors' office - the link is here: https://www.slatergordon.co.uk/about-us/issues-and-complaints-procedure/. They're a big firm who care about their reputation.

 

[vickster]

Indeed, to date I've been dealing with a paralegal to a solicitor. Not that I have any complaints and I assume she clears stuff with her boss as and when is necessary

 

[Ganymede]

Hi Ganymede
Sorry to appear somewhat heartless, I have every sympathy with Sara's plight and I apologise if I have offended anyone but that isn't my intention.

Sara posted on a public forum and all I was doing was trying to offer objective advice. I prepare such reports as part of my job as an NHS consultant and have to deal with the legal side of things as well.

The law unfortunately has to follow due process and in this case Sarah has to prove harm was caused and that means it needs to be recognised. Hence my suggestion that she should seek a report from an appropriate indivual in respect of any psychological harm. The harm has to constitute a recognised medical condition.

Again I apologise if I have cause any offence and from her on in I will try and stick to 1970's bikes.

Shaun

Cheers Shaun, I'm glad to read your post. I guess the way you were phrasing your questions sounded a bit like you had some sort of agenda - and there you go, you have, but a benign one. You don't have to stick to 70's bikes, I just felt the way you were asking questions sounded like you were questioning her "version" a bit. Thanks for replying.

 

[srw]

Indeed, to date I've been dealing with a paralegal to a solicitor. Not that I have any complaints and I assume she clears stuff with her boss as and when is necessary

It's the only way the law firms can stick within the amount of money they've been given - delegate as much as possible to the cheapest people possible and leave the expensive qualified lawyers to do the stuff you really need an expensive qualified lawyer for.

Solicitors are being dragged, kicking and screaming, into the 20th century. It happened at the tail-end of the 20th century for house purchase, and it's beginning to happen with what used to be the other staple of the multi-disciplinary practice - simple personal injury cases.

In far too many cases, the legal costs are much higher than the compensation someone gets paid.

 

[midlife]

Hi Ganymede

Thanks for your reply, much appreciated. Perhaps on reflection I should have suggested Sara chase the solicitor harder than she has to get some action and left it at that. Hope it all gets sorted, not one if the nicest sides to my job.

Shaun