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Had a rear-ender in the car on boxing day, and after having had a disc replaced in my neck a few years ago, the nerve pain has started up sine the knock in the other arm...
Spoke to their insurers, as going direct with a 3rd party claim for the car, and they have suggested talking to a solicitor as it's not necessarily straightforward...
So, who are the current PI lawyers du jour? Am with BC, but it looks like they only cover bike related incidents...
Spoke to their insurers, as going direct with a 3rd party claim for the car,
Do you have legal cover as part of your own insurance? (sometimes its part of your home insurance too)
Not sure we do... at least not the last time I checked anyway...
Surely this is what you pay your insurance to sort out? You’ve been injured in an rta therefore your motor insurance deals with it.
A PI lawyer would only be needed if it was some other injury not already covered by insurance?
Or am I missing something?
Why are you talking to the other party's insurers rather than your own? They will obviously have a motivation to discourage you and tell you that its all very complicated.
Your insurers do not deal with the injury claim, but they should have a panel solicitors that deal if you have legal cover, which most people do.
Worth speaking to them in the first instance, but if the claim is solely for whiplash and is likely to be worth less than £5000.00 then it can be dealt with directly by you in the OIC process:
https://www.officialinjuryclaim.org.uk/
You do not have to use their panel solicitors, you can pick any solicitors you like, British Cycling use Leigh Day, I can recommend DWF as being good to.
Leigh Day... that was the one I couldn't remember...
As for why I'm not initially going through my insurance, they want us to use a claims company, so credit here agreements etc... whereas as a third party claim we aren't having to fo any of that, and are getting a hire car paid directly by their insurance company. That's all sorted, and booked in already.
It's just the PI element that I'm trying to work out what to do.
And actually, their insurers were the ones initially telling me to go through a solicitor... as they "don't want to undervalue any claim"... which isn't actually what I am worried about. It's more that if it continues like I had previously, then I'm possibly headed for spinal surgery again... then it's trying to get that sorted as soon as possible, without waiting 18 months for surgery...
My experience.
I was taken roughly from behind by a large Polish gentleman. I developed hand / wrist pain (in hindsight I must've braced against the steering wheel) alongside a whiplash type injury even though I had my head back against the headrest.
I got a call from an ambulance chaser PI lawyer and figured, what the hell.
They made me an appointment with an Osteopath. The Osteopath confirmed my opinion of Osteopaths by asking me a load of leading questions like "but you did take painkillers, even if it was just Paracetamol, didn't you?" and then sending me on my way with "I'll write you a good report" and a knowing wink.
The lawyer advised that the insurer will make an initial offer which I should reject, then a second which I should accept. They did, I did.
The lawyer congratulated me on my 'win,' then mentioned their fee for the first time in the entire proceedings. IIRC it was just over a third of the compensation payout.
Knowing what I know now, which is basically what I've just typed, I'd do it all myself if it happened again. Go to a quack, get a report, reject the first insurance offer, profit.
Knowing what I know now, which is basically what I’ve just typed, I’d do it all myself if it happened again. Go to a quack, get a report, reject the first insurance offer, profit.
The downside of swanning in there all cocky, like, is what if you're wrong, or have missed something? Like back surgery in the future as a result of the incident?
I have some mates who suffered an unfortunate negligent incident some years ago. Being young and dumb, they all took the ££ being offered "in full and final settlement". They may end up going prematurely blind as a result... but have no further claim available to them.
I also know of a person injured in a workplace incident who ended up being practically begged to get professional legal advice as they insisted in dealing with the insurance company direct, rather than get advice.
The claim was big, life-changing amount, due to extensive injuries. But it should have been much bigger had they gone down the "proper" route. Yes, there's a fee to pay, but it was down to the insurer being a "good" one that meant she eventually got pushed to a solicitor.
I take your point, but even with a solicitor I'm fairly sure my settlement was still 'full and final'.
If you appoint a solicitor yourself to pursue this, you are going to be effectively giving them up to a third of the award for what is likely to be a claim the TP will admit on. Proper money for old rope.
Some of the examples cited above of very serious injuries, I’m staggered that Insurers agreed as they would be liable for taking advantage of an individuals lack mod knowledge or appreciation of awards. See Horray v Tate & Lyle.
You could ask the TP insurers to agree a medical then just appoint a PI lawyer yourself on an hourly rate to check it over and consider any offers made. Maybe four hours work at £180/hour…cheaper that’s losing a third.
Am not really that fussed about a payout, just want to get things fixed... so don't mind a no win no fee type, if it gets everything sorted, and am figuring that they should have a better idea of process than I do.
However, as suggested above, I checked home and car insurance, and have legal cover on my home insurance, so will be giving them a call tomorrow.
Will probably also try Leigh
Day I think, as they say they have specialists in spinal injury claims.