Accident dragging on!

mommy2princess

I had a car accident 4 years ago. Some moron reversed into me at 5-10mph whilst I was parked. The car had a big dent which the 3rd party's insurers have made an interim payment for.

I was injured - genuinely. At first it was just muscular pain in my arms and whiplash to my neck. My insurers arranged physio which I had for about 6 months, and a GP confirmed my injuries and estimated a 6-12 month recovery for most injuries, 2-3 months for some.

My back was the main problem - for the last 4 years I have had terrible lower back pain which is getting worse. An MRI of my lumbar spine was normal, and the orthapedic surgeon says my symptoms resolved within 6-9 months of the accident?!!! I have asked him to explain why I am still in pain, why I have sciatica and a million other things to which he just says "I cannot explain it based on my clinical examination and MRI scan". His "clinical examination" was a 5 min chat which he ignored me mostly and a quick prod of my spine! The pain gets better when I go to bed and worse throughout the day - indicating a mechanical pain.

My lawyers told me I could not argue with his clinical findings - so I agreed his initial reports and they were disclosed to the other side and court. However I now want a 2nd opinion and the lawyers say the judge won't permit it because of the disclosed reports. They suggest I settle, which means a figure based on an injury which resolved within 6-9 months, despite the fact it has been 4 years and I'm still in pain.

I'm afraid that all the doctors and judges just hear "compo claim" and won't take me seriously or believe me, despite the fact I am one of the genuine ones!!

I had a psychologist report as I remained nervous (simply because I'd only popped out for a chicken and the accident was such a shock!) and he agreed that it had had an effect, but as he didn't see me until 3.5 yrs later, his report isn't that accurate. He says I am not exaggerating the pain but he cannot rule out a psychological pain disorder.

Atm I am stuck - the orthapedic expert has said he does not think I am in pain, he thinks it is psychological and he does not recommend any further tests. He has said it would be the discretion of another doctor, preferably a neurosurgeon to decide if any other tests are needed.

So my options leave me feeling stuck and I don't know what to do.

I can either:

a) settle for a figure based on an injury that resolved within 6-9 months
b) ask the court for a second opinion, if the judge agrees, I have to pay for it and it's about £700. If he does not agree, my lawyers have to pay the other side's cost which means £1000 gets deducted from my damages
c) ask my lawyer to try to persuade the orthapedic surgeon to refer me to a neurosurgeon, which will be free and might actually get me the help I need

I am desperate for this pain to go - I am only 25!

I am considering getting my own neurosurgeon consultation (about £200 including referral) this can't be used in court, but if he agrees something is seriously wrong, then I would be willing to chance asking the court for a 2nd opinion.

I just feel stuck - £1000 would be a big chunk out of my settlement if we don't get a 2nd opinion!

Just wanted to rant and see if anyone has any ideas.

maninthestreet

I find it hard that someone reversing into your car at that speed you state could inflict the injuries you claim to be suffering from.
Why did you feel it relevant to tell us you were just popping out to buy chicken when the accident happened?

atrixblue.-MFR-.

heres how it goes down.

1.your report is accurate and relevant to the injuries sustaned in a low impact.

2.psycologist report is aired on side of caution, he said basically it MAY have been linked to the accident and you COULD have a psycological disorder where by this says (its in your head its not real)

neurosurgeon to perform tests for a psycological disaorder??? come again! youd be refured to a psyciatrist?

to me you are one of "those" people.

you wanna milk it but yet have a rant on here and advise on how on milk it because its not going your way???

harveybobbles

When there is an injusry then any claim will drag on for however long.

Someone drove into the back of me over 12 months ago at sub 20mph while my car was stationery. Wasn't a great deal of damage to my car - rear bumper pushed, scraped and out of line - my tow bar made her car a lovely mess though...

However, as the jolt flared up an old shoulder injury I have been told that it will take upto, but not limited to 24 months for my shoulder to go back to how it was prior to the accident.

I'm guessing you just want more money lol

mommy2princess

atrix- that's pretty bloody rude! The psychologist report stated that he could not rule out a psychological effect, but that I am not exaggerating the pain or malingering and I am genuine. I presume because it is impossible to be 100% certain that he has written it this way.

If I were imagining all this pain, then it would be nigh impossible to NOT have a pain disorder, and any psychologist worth his salt would diagnose one. Thus, it is unfair and unrealistic to say that there is no pain.

In addition, the ortho is not qualified to tell me it is imagined. He is only qualified to tell me if something medical is causing it, and seeing as he hasn't performed anything like enough tests or clinical examination, I don't see how he can say either way.

No I was not referred to a neurosurgeon for psychological probs, that would be stupid. The neurosurgeon's job is to determine whether or not further tests are required on my back.

I am not milking anything. My point is, if I settle now based on what we have, and then 2 months later find out I have a permanent injury from the accident, what kind of justice is that?!

Incidentally people can screw up their backs entirely from little things like lifting their shopping into the boot of their car, picking up a toddler, anything. So yes, it is entirely possible that the accident could have caused an injury. Even the ortho agreed that, he just couldn't see any on the MRI.

I merely came on here to see if anyone could help me with regards as to what I should do, given that the stress over the last 4 years is terrible.

mommy2princess

I swear to god it's people like you that make it near impossible for people with genuine injuries to be heard!

If I had seen my GP and he'd written me off after an MRI without further investigation or even a response (the ortho just kept saying "I can't explain it") the GMC would be right on his back!

Yes we live in a "compo claim" culture, but when people are so cynical and nasty like the poster on here has been, it makes it damn hard to be heard. It's unfair and it's rude, and it's damn well unjust. Just because a lot of people lie/exaggerate/milk or whatever, does not mean I am and nor does it mean I should be tarred with the same brush. I get so angry because I spend all day in severe pain only for everyone to judge me just because it happens to be a result of a car accident.

Sgt_Pepper_2

mommy2princess wrote: »

I swear to god it's people like you that make it near impossible for people with genuine injuries to be heard!

If I had seen my GP and he'd written me off after an MRI without further investigation or even a response (the ortho just kept saying "I can't explain it") the GMC would be right on his back!

Yes we live in a "compo claim" culture, but when people are so cynical and nasty like the poster on here has been, it makes it damn hard to be heard. It's unfair and it's rude, and it's damn well unjust. Just because a lot of people lie/exaggerate/milk or whatever, does not mean I am and nor does it mean I should be tarred with the same brush. I get so angry because I spend all day in severe pain only for everyone to judge me just because it happens to be a result of a car accident.

And if the new rules come in 5-10mph may not even get you a penny. Legally they will say you can't be injured at that speed.

Wig

I don't agree that people shold be able to claim injuries from low speed accidents.....they can't in Germany.......and we should change our laws to match Germany or be even stricter than Germany. I mean hidden alleged injuries that can't be proven, broken arm, split open head, glass in your eyes etc should all obviously be compensated for.

This compensation culture needs to be tackled.

As you say OP, you can injure your back by lifting shopping into your car.....if you can do this, you have IMO not looked after yourself properly i.e. your body is weak and you have allowed it to become so. You then jump on the first person who knocks you lightly and claim they have "injured you" when in fact you might have a propensity to back failure which could have occured the very next day when you lifted up your shopping bags. Yet you think it is right to be able to claim compo from Mr X who was unfortunate enough to have made a mistake in the car park. And this is assuming you are telling the truth, 100s of 1000s of others do not tell the truth.

I have been in quite few accidents and spins. Most of them I got compo through insurance from the other driver for my vehicle repairs, but I never sued for injury because I never got injured, except once, I did get a little jarring on my neck during the accident, I went to hospital after the accident, and then went home. It didn't turn into anything serious, I can't remember it might have been a few weeks light whiplash, but it eventually cleared up. I got 100% recovery of vehicle damages on that one and could easily have sued for injury but I didn't.

If you could see the accidents that I have walked away from unharmed, you would understand my disbelief that low speed impacts can have any effect.

bobthedambuilder

1. 4 years is not unusual for a Personal Injury claim to drag on.

2. You appear to have had a range of medical consultations and treatment. That appears to have resulted in a medically informed consensus which has been presented to the other side and to a judge. Your lawyers are probably correct in saying that further investigation is pointless - even if you find another medical expert who supports your view, all you then have are 2 conflicting views and you can be sure that the other side will rely on the first one. To even have a hope of coming out on top in this you would need a battery of experts on your side (which you personally will have to pay for, because your lawyers have already indicated that they will not support you in this), which even then might not persuade a judge to find in your favour.

You may feel hard done by here (and often that's the case in disputes), but I think you're on a hiding to nothing prolonging it, and unless you have very deep pockets, you are not going to beat the other side (who do have very deep pockets). You may be right to feel that the system stinks, but that's life.

This may be scant comfort, but you will feel better mentally once this is over, and that may also affect your physical well-being. Try to put it behind you and get on with the rest of your life.

mommy2princess

thank you bobthedamnbuilder.

Yes I am aware of the new laws. However I personally disagree with them, and they do not state you cannot be injured, they simply state that the level of injury is not one to be claimed for.

I have seen people walk away from pile-ups on the motorway unscathed, does that mean anything less and you can't be injured? Likewise people can be seriously hurt from minor accidents.

Wig - I can assure you my back was just fine right up til the crash (as my medical records confirm) and I was the picture of health. Don't drink, don't smoke, very fit and well. I disagree that you would have to be weak in order to hurt your back doing mundane things such as lifting shopping - do you have to be weak if you fall over and break your leg just because not everyone who falls over breaks their leg?

The system is stupid - people get thousands for non-existent injuries (like crash for cash) but genuine people get labelled and typecast as compo-claimers.

sabretoothtigger

Its the rate of deceleration that matters hence airbags are better then steering wheel

If you hit concrete at 10mph, it'd damage

and a million other things

does sound psychosomatic which doesnt make the pain not real just not entirely physically caused. Try hypnotherapy and yoga