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Personal Injury Claim

Hi, Can anyone give me some advice please. 2 weeks ago someone went into the back of my car, actually she wasn't looking and was accelerating when she hit me. Tesco is saying my car is not economically viable to fix. My main concern is every since the accident (and its getting worse) I find it very hard to drive. I am constantly looking in my mirror and when I see someone coming up fast behind me I pull off the road. I am now leaving for work at 6am to avoid busy traffic and staying at work til 8.30 to avoid rush hour. This is having a huge impact on me and making me very depressed. I do have some whiplash but thats nothing compared to the psychological problems Im having. Can anyone recommend a personal injury lawyer. I think therapy would help but its expensive and I dont have legal insurance on my policy. It seems to be a mindfield out there with all the no win no fee adverts and I was just wondering if anyone had experience of any specific good lawyer? Thanks

Comments

  • dollywops
    dollywops Posts: 1,736 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Why don't you speak to your insurance company and get them to deal with this on your behalf. You also need to see your doctor and get all of your symptons put on record.

    Regrettably, I speak as someone with experience of these things. 3 times I have been hit up the rear of the car. Each time I have had whiplash, quite severely, and on the last occasion, the impact set off a balance problem with quite unpleasant effects.
  • Oscar_The_Grouch
    Oscar_The_Grouch Posts: 2,246 Forumite
    Part of the Furniture Combo Breaker
    Hi Sallyann

    Here is my simple guide to getting legal cover:

    1. If your motor policy does not provide the cover, speak to your Union; they may provide cover.

    2. If you are not a member of a union, try your home contents and buildings insurance; they often throw the cover in too.

    3. If you still don't have any cover, look for the legal helpline in your motor policy. Phone them and ask them if they arrange an "after the event" cover.

    4. If you still draw a blank, try WNS Assistance at http://www.claimsolver.com/Default.aspx or similar companies.

    With regard to point 4, I am not an employee of WNS and gain no benefit from you using them. I think their MD is the biggest anal sphincter I have ever had the misfortune of meeting (if it's still the same chap) but their legal team used to be quite good.
    In the beginning, the universe was created. This made a lot of people very angry and was widely regarded as a bad move.
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  • V_tricky
    V_tricky Posts: 468 Forumite
    Hi,

    I can't give you any names of any companies that I would recommend, but OscarTG's advice is good, however there is one final way you can go.

    This is a rehash of one of my earlier posts, but relevant to you so...

    Why not ring the responsible party's insurer and ask whether they will deal with you directly, rather than by playing chinese whispers via a solicitor?

    Most insurers these days try to work proactively and offer their comp claims service to third parties when liability is clear cut.

    Why do they do this? It all comes down to £££££££££

    In my original post about this I included info on how responsible party insurers are actively seeking to help claimants directly with all aspects of their claim including dealing with the damage to their vehicle, hire cover etc (nb - while I think about it, some DL policies don't include hire car cover - if you've had a hire vehicle from a credit hire company, they will also deal with your injury claim too if you ask them - they will often offer). The previous post including this info can be found HERE but as you're only talking injury...



    If your claim includes personal injury, they can book you into physiotherapy, and if you have any other immediate rehabilitation such as Cognitive Behavioural Therapy, this can also be arranged privately (to try and reduce the length of time you are suffering and thus reduce the overall cost of the claim).

    Also, they can arrange the medical report you may need, or make a nominal offer (normally less than £1000) without even needing a medical report (this obviously saves them the £200 cost of obtaining one) - although if you feel that you are suffering more than what might be considered 'normal' travel anxiety, or are experiencing phobic or depressive behaviour over a sustained period I would NEVER suggest accepting an offer without at least a proper medical report, and perhaps a second one from a psychologist, or better still, a psychiatrist so that a) you get the treatment you need, and b) to ensure that you are compensated in accordance with the level of injury you have suffered.

    Another reason why they [the responsible insurers] will arrange all of this for you, is that if you are happy with their service to you, it may mean that you choose not to use a solicitor - and bearing in mind that current solicitors fees for claims valued at between one and five thousand (the large majority) are £800 plus 20% of damages agreed, this is a saving in itself - it does not automatically mean that because you don't have a solicitor they will issue a take-the-michael offer to you.

    At no point do you sign away your right to instruct a solicitor - if at any stage you are unhappy with the progress of the claim you can always ALWAYS take legal advice, and particularly as your claim does include personal injury then the insurer would probably write to you to remind you of this.

    Finally...

    Of course today's third party is tomorrows customer - if they treat you well now, then there's every chance that you might consider changing insurer to them when you renew


    IMHO I would be happy to let the responsible persons insurers deal with the claim - chances are it will be dealt with quicker, you can always instruct a solicitor later if you feel you need it.

    As a claimant you have a duty to mitigate your losses - if they're already handling the claim for you directly, then I guess the majority of that onus passes to them and saves you some hassle.

    I know there is a massive distrust of insurance companies, but this is one case where really, both your and their priorities are the same - you wanna be back on the road quickly, and recover from your injuries as quickly as possible, and they want you to be back on the road quickly & recover quickly (because it is cheaper for them than if your claim drags on unnecessarily)


    They will probably not require your full medical records these days - however, they might, so it's as well to be prepared to release this information. It will almost always be asked for in the event that you have made personal injury claim/s before - particularly if you have made repeated or recent claims - the Department of Work & Pensions will tell them whether you have or not, so there's no point in trying to hide it if you have.

    I hope this rather long post gives you some help, and hope that you've all healed up/will recover soon.

    :smiley:
    :smiley: All posts made are my own opinions and constitute neither professional advice nor the opinions of my employers :smiley:
  • I have dealt with National Accident Helpline for a broken foot accident at work. You can give them details online then someone will then phone you and take details. After that a solicitor from your area who is listed with them will contact you, alternatively you can phone them which may be a better option as it may get done quicker.
    The claim took about a year in all, I never met the solicitor and only spoke to him twice on the phone close to the settlement time.
    Try to keep a note of all the problems you have so that you don't leave anything out, whoever you decide to deal with.
    At some point down the line you will be sent to a doctor for an independent opinion
  • Thanks everyone, my Doctor has signed me off with stress now!! V-Tricky, both mine and the other parties insurance is Tesco!! How will that work. They originally said to me that I didnt have legal costs extra on my fully comp and if I wanted to take up a claim for personal injury I would have to contact a solicitor and they suggested one of the 'no win no fee' brigade.
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