Personal Injury, Second Opinions & Surgery after RTC

johnsons_baby

Hello,

I am hoping someone here will be able to offer some advise as I am not sure what to do.

Background, I was involved in an RTC in June. A drunk driver hit another vehicle at speed, that vehicle ricocheted and hit the front of my car with some impact, The front of my car was crushed and my right leg trapped. Although no break, the cartilage has been damaged (tear and impact injury) and I am now 6 weeks away from having surgery to fix it having been in chronic pain since. I also hurt my back (probably soft tissue- still painful & not treated) & elbow (reported, still sore on occasion, not treated).

My car insurance company (I know) referred me to their preferred solicitor. They have been OK but things have stagnated since July and I am unsure whether to drop them, if I can drop them.

After the accident, the other side admitted liability straight away, which has saved a lot of hassle, although unsure if they had any choice given twice over the drink drive limit. The solicitors arranged for me to have 12 sessions of physio. These were stopped on the other side's instruction apparently after 7 sessions. Despite telling them & the physio that I had other injuries causing pain, they only treated my knee. I have had no more sessions and they will not allow me to use the 5 that I so say have outstanding. My back and elbow were not treated.

I was sent within 2 weeks to a medical assessment, he was really rather vague and said although he felt I would heal within 4 months, I required a second opinion but only for my knee, not the other injuries. This was back in July.

I saw my GP post accident and was referred for an MRI and to the knee specialist at the local hospital, so I was already in the NHS system at this point.

I gave consent in July for all my medical records to be obtained. These have been gathered, including my MRI results which were available end of July, which showed the damage to the cartilage and the knee specialists opinion that it should be surgically treated. I must admit I was extremely lucky to be seen so quickly on the NHS, they have been fab. I am now booked for surgery at the end of November.

I have advised the solicitor of all of the issues I have with them:

* Soft tissue injury to back & elbow still painful and not treated- what am I supposed to do? Response- wait & see

* I still have not had this second opinion despite process starting in July. Response- Sorry it is on hold pending your physio records (from their physio)

* I am having surgery in November, will this affect the second opinion? Response- it might, we'll get back to you.

They have been chasing the physio records since August and they still say they haven't got them. Without the physio records, they cannot apparently appoint a second expert. In the interim, my back is still painful and I would like to get that treated before it gets any worse. I have offered to pay privately for physio but they have said if I do, I will not be reimbursed for this by the other side, I have to use their physio but they won't provide any more sessions.

It is not about the money, I want to get back to a normal life and be pain free again.

It is a reasonable length of time to wait for a second opinion and should I push the more physio sessions?

I am also having to chase for updates, they don't update me of their own volition. They last updated me in July to get my medical record consent and I chased them in September as to what was happening as I had already been through the NHS system and put on the waiting list for surgery!

Maybe I am not being fair on them, I am in pain and headed for surgery which I am anxious about, so it might not even be them but rather me!

JB

FutureGirl

You will be sent to an orthopaedic expert next, but first your solicitor will need to obtain the medical records, and physic records, and send these to the orthopaedic expert as these are taken into account for the second report.

In terms of physic, it seems that it was the third party insurer who instructed the physiotherapist, and perhaps they have put it on hold pending outcome of the surgery, as further physiotherapy may be required. This could also be the reason that they haven't booked the ortho examination, as they won't know a recovery period for this until the surgery is completed.

These types of claims can take a long time to complete. I've seen some go past the 3 year limitation period due to the claimant not being recovered. Also the fact you're on the NHS is irrelevant, as it isn't a NHS doctor etc you will be examined by, it's a private independent doctor.

johnsons_baby

Thanks Future Girl

I had no illusion that the NHS side of things matters much in this side of things, it is just strange how the NHS has moved so quickly after the initial speed of the medical experts instruction. I am grateful for that though.

I think my main worried are that one injury needs surgery to get better, I accept that as being the best course of action and the action as advised by the NHS specialists. I am worried though that my back, which is not getting better is not being treated. I am inclined now to pay for private physio and take the risk about not getting it refunded.

The intial opinion was that it would get better in 4 months, it hasn't but it's not been treated either.

JB

johnsons_baby

Interesting development today....

Letter from other side asking if I was proceeding with my claim or if I had appointed any other representative, they've not heard from my solicitors since July.

Guess it might be time to get a bit more info from my solicitors.