Accident claim questions

triedeveryname

I was a passenger in a car accident, the other party admitted liability.I was covered by my drivers insurance and was appointed a solicitor. Well things are going from bad to worse, I was sent for my second medical to be assessed for a final time, the first time was to early for my injuries to settle and I since then I had an operation on an injured hip.
This latest medical lasted approx 5 mins, the examiner refused to acknowledge that my hip injury was due to the accident, despite my medical records. He was arrogant, un polite , and suggested that it would "complicate things with the insurers " !!!! He then said it was pointless examining me until he had spoken to "the lawyers " ?? I made a formal complaint against him. My solicitor, has told me that we must accept this examiners verdict !!! And if I want another medical I have to pay for it ! it is not covered by my insurance ?
Question , Who "employs" the examiner ? I thought he was supposed to be impartial ?
Can I request another examination by another specialist ?
What is my next step ? I am at my wits end, I feel like getting another solicitor but after over 18 months the thought of going back to square one is very daunting. Plus I have no guarantees of getting a better solicitor !

jonesMUFCforever

Paying for a second medical opinion would be much cheaper for you long term and when you win you can claim back the fee.

geri1965_2

If the original expert was agreed by both parties then the OP is unlikely to get back the cost of a second opinion.

triedeveryname

Let me get my mind round this, just because this one examiner decides, in his opinion (and against my medical records) my injuries were not caused by the accident, I loss out ? I find this situation hard to grasp.
My medical records prove that I had no medical history what so ever of this injury before the accident, this must account for something ?
Surely there is something I can do.My solicitor has been no help, and to be honest I do not feel he is working in my best interests . Would I be better off going to another solicitor, I am worried about incurring any fees from my current one. Since the other party has admired liability for the accident, would I stand a good chance of been taken on by another accident claim specialist ?

Pitlanepiglet

Did the medical export examine you and has he produced a report that says in his opinion your current problems are not connected to the accident or has he declined to produce a report?

If it's the former then as that is his qualified medical opinion and he was the agreed expert then you might be in some difficulty. You need to try to have a sensible conversation with the lawyer and it may be helpful to go back to the insurers to talk to them.

The fact that you didn't have sympoms prior to the accident doesn't necessarily mean that the accident has caused the problem, it may just have accelerated it ie you would have suffered the problem anyway but earlier than you would have done without the accident.

If you've have say had to have a hip replacement was it because the hip had already degenerated already and would have needed to be replaced but in 4 years time rather than now.

Ask for a copy of the medical experts CV, the lawyer will have it on file, it should be a consultant level expert and this will be his field of practice so you may have to consider that he might be right.

triedeveryname

The "expert" did not even examine me, he simply dismissed my injury without even looking at me or my records. Even if my injury was accelerated due to the crash, surely I am entitled to some compensation for this ? who is to say when it would have occurred naturaly, it may have been years down the line. I have it now, due to the accident.
I have been in touch with my solicitor and he is checking "things" out with a senior colleague and looking at my medical records ! he has the "experts" report, but I do not know yet what it entails, it can not say much, I was only in for 5-10 mins and he never examined me. But I will find out. I still find it hard to believe that my "fate" lies in the hands of one man ? right or wrong, it would have been nice to have someone else's opinion.

Anihilator

I find it unlikely that an expert has produced such a report without proper evaluation.

Also I doubt your medical records state the accident as the fault. Normally GP's etc always state that you presented with after an accident, not that the accident caused it.

Tbh without an experts opinion to the contrary you will get nowhere. If your expert backs you up and you win this can be recovered.

If the accident only accelerated a condition then the award will be limited to reflect this and the added losses due to it only.