Accident claim? - long post

superpup

Hi

At the end of last year I was a passenger in a car that skidded on ice, went over a hedge and crashed into a field (15ft drop), overturned and landed on the roof. My friend kicked the windscreen out and we crawled out. He's fine. I was taken to hospital in an ambulance and had two lots of x-rays and was discharged about 4 hours later with painkillers and anti inflammatories. No broken bones fortunately, just ligament and muscle damage. We were very well wrapped up as we were going for a walk on the moors so I had 4 layers on, 2 of them fleeces which I think protected me pretty well.

My back was very sore for quite a while, also my neck and ribcage. It got better slowly although I have never regained full movement in my neck but I have got used to it and I suppose, view it as 'normal' for me. For example, when I turn to the left, it hurts a little, maybe uncomfortable is a better word. It also hurts when I take a deep breath, yawn, cough or sneeze. The muscles in my shoulder are quite tight too.

I paid to see a physio for a few sessions in February/March time as I was concerned that I was probably doing my back/neck more harm than good by subconsciously protecting it. She was great and freed up quite a lot of movement and it felt a lot better.

Roll onto now, if you're still with me.:o I started exercising last night (first time since accident), could've gone before but not been a priority and haven't felt like it to be honest. The guy running the session asked about injuries and I said I had a car accident last year but I didn't think it would prevent me from doing any of the class. He took one look at me and said 'it's your left shoulder' (he is qualified in sports massage etc) so it obviously shows from my posture.

I was nagged by friends/family about claiming for the accident at the time but I really don't like the compensation culture in this country - no offence meant to anyone who has made a genuine claim. I also felt very lucky at getting out of the car with such few injuries as the police, fire brigade (weren't needed but gave me oxygen before the ambulance arrived) and ambulance people said they were amazed we walked away from it.

Now though, I'm wondering if I should claim. I definitely need my shoulder/neck worked on. I'm concerned that I'm still having problems with the top of my ribcage despite being told it would heal in 3-6 months. Also, I have left my job with the intention of working from home. I have savings to live on which will give me time to build up my business but they won't last forever and if I have to dip into them for physio appointments (gp referred ones have a long waiting list here) they will go even faster.

If I'm being totally honest, my injuries don't stop me doing anything now. I do DIY, walk the dog, there isn't anything I can't do (except maybe turn around as far as I should be able to :rolleyes:) although I think some cardiovascular exercise will be difficult due to the pain at the top of my ribcage.

Do you think I'd be a hypocrite if I make a claim or should I not bother now.:o If I do decide to claim, what it my next step please?

Sorry for long post but felt the background may be useful.

Thanks in advance for any advice.

RedBern

I think you have every right to make a claim. You are still suffering problems due to an accident, physio will be expensive and should be paid as part of your claim. I'd write to the insurance company in the first instance, giving them the relevant information and asking them to look into your claim. I'm not sure if there are any timescale problems, but I would assume that a medical opinion on your present condition and an agreement that this could have been caused by the impact of the accident would do to start with. Be prepared for a long fight though - and in the meantime you'll be out of pocket as you'll have to pay for any physio and claim it back, so make sure you get receipts for anything you've already paid for.

Good luck

superpup

Thanks RedBern

Do you think I should get medical evidence together before I write (I have a doctor's appointment next week to see if I can get any treatment sooner rather than later).

thanks again

Quentin

There are no time delay problems in making this claim.

Injury claims are not straightforward, and unless you know what you are doing you ought to get some legal advice over this.

If you instruct a solicitor to handle your claim, his fees will be paid by the insurance company (assuming they accept liability).

superpup

Quentin wrote: »

There are no time delay problems in making this claim.

Injury claims are not straightforward, and unless you know what you are doing you ought to get some legal advice over this.

If you instruct a solicitor to handle your claim, his fees will be paid by the insurance company (assuming they accept liability).

Thanks Quentin

That's what I'm worried about. I really don't know what I'd be doing so if I go ahead, a solicitor may be better.

Do you know if I'd need to pay up front or is this something I'd need to find out first?

From my post, is there any reason that you think they wouldn't accept liability? The police visited me whilst I was in hospital and asked me a few questions about the accident. They asked me what speed we were travelling. I answered honestly, saying I didn't know the exact speed, not very fast, but in hindsight too fast for the road conditions. They said fair enough and my friend wasn't prosecuted (rightly so).

Quentin

Usually a solicitor will get paid by the insurance company, and you wouldn't have to pay up front. Discuss it with them on your first discussion.

On the face of what you say, there seems no reason for them not to accept liability. The driver's speed/not being prosecuted is immaterial.

superpup

Thanks again.

I think I will speak to a solicitor and then decide if I want to go ahead and put in a claim.

RedBern

I would imagine that the insurance company will send you for a medical at their expense so don't pay for any reports at this stage. If you can find a solicitor to advise you do, but ask where his fees are going to come from. Under normal circumstances the insurance company should pay these as well, within reason. Keep a diary from now on of how you are/what you struggle to do - it is very easy to forget what you are and aren't capable of - and then you go for a medical and say 'no I can do most things...', come out of the appointment and remember that actually you struggled to do x or y a few weeks ago.

superpup

That's a good point actually. I told DD2 today that I was considering making a claim and she said 'Good, we told you to ages ago'. I commented that there wasn't anything I couldn't do now though and she pointed out that I struggle to get heavier things down from high shelves (never used to be a problem) and that I can't turn my head round very far one way.

She's sure there's more but can't think of them off the top of her head. I don't think there is (and they're not exactly debilitating problems either ). As I said before, it doesn't really stop me doing anything now although I was fairly limited for the first couple of months after the accident. It's the discomfort more than anything that bothers me now and I am a bit worried that my ribcage hasn't healed yet.

Do you think it's best not to have any more physio until I've been sent for a medical? I really want to get the muscles freed up but I suppose I've been like this for nearly 9 months now so a few more weeks won't make much difference.

morag1202

I had similar injuries to yours 15 years ago and it never got properly sorted and I learned to live with the slight discomfort/inconvenience etc. 9 yrs ago I trapped a nerve in my neck and the previous damage became more apparent. 4 years ago I hurt my back moving furnature and to cut a long story short I now qualify for a blue badge!

Please claim and get yourself right now before the slight damage you have becomes permenant. Best of luck.

superpup

SueSueSue wrote: »

Whilst the accident might be to blame you have contributed by not getting proper medical treatment.

chances are with complete physio you would be fine now.

Why do you say I didn't get proper medical treatment? I don't see how I'm partly to blame. I got taken to hospital, discharged saying 'take these tablets, you'll heal but it may take a few months'.

Went to the doctors (my own decision) about a week afterwards as I was worried about the pain in my head (knocked it a few times on the roof and side of the car on impact) and mentioned the other problems - ribcage, back/neck. I was told again that it would take time to heal and come back if I needed any more painkillers.

In Feb/Mar I went to see a private physio as there was a waiting list through my doctor. She freed up movement and again said it will take time.

I now think it's taking too much time and that I probably need more treatment but I certainly haven't deliberately avoided having treatment. I would much much rather be 100% healthy without these aches and niggles. Sorry if you didn't mean it that way, it's just how it came across in your post.