Personal Injury Claim advice

Funkyfairy_2

I hope this is ok to post here but I'm just after a bit of advice....bear with me this might take a while!!

In May last year I was involved in a car accident in which a car went through a red light and I hit him. They admitted fault straight away and my car was repaired through them quickly.

As a result I suffered quite bad whiplash. I contacted injury lawyers 4 u who out me in contact with a local solicitor. He told me that this should be relatively simple as there was no disputes over who was at fault in the accident.

Initially I was advised that I needed 6 sessions of physio which was arranged for me. I then had an assessment done with an independent doctor who recommended a further 10 sessions. However just before Christmas my solicitor told me that the insurance were not going to pay for the physio so the outstanding balance from the original 6 sessions still needed to be paid and could I pay. I have really struggled to find the £262 to pay for this but I did 3 weeks ago. My solicitor now wants me have the further 10 sessions but I need to pay for them first. This would cost me a further £370 which I simply can't afford.
He told me today that by not having the physio recommended could affect how much compensation I receive. I also am still in quite a lot of pain so I could really do with having the treatment.

I am confused as to why I need to pay if the other side have admitted liability. If it wasn't for the accident I wouldn't need the physio.

Am I wrong??

[Deleted User]

Legally you need to minimize your costs. If you don't get the medical treatment you need, it could cost more in the long run (more time off work, more treatment required etc.) So if you can afford it or reasonably take a small loan or something you have a legal obligation to do it, so that when the insurance company pays out the amount is kept to a minimum. Obviously any costs like interest on loans will be added to what they have to pay.

Of course, the risk is that they will refuse to pay, you take them to court and and lose and end up covering the cost. You should confirm with your lawyer that they think you have a very good chance of winning, and explain to them that it is difficult for you to cover the cost so could they negotiate with the insurance company for an interim payment pending a decision on the final payout.

Have you sent them a note from the doctor? That should help convince them that they are going to have to pay up.

FutureGirl

Although the insurers admitted liability, the issue could be that the insurer has their preferred provider of treatment that costs less than the one your solicitor sent you to, which could be why they're not paying for more - could you ask the insurer to send you to their preferred provider?

Usually when your solicitor submits their claim, and if liability isn't in dispute and the insurer has an agreement with a treatment provider, the insurer would offer this to your solicitor at the outset.

You could also tell your solicitor to submit a request for an interim payment. Depending on the status of your claim (whether it's within the MOJ process or not) you could get £1,000.00, which would then be deducted from your overall compensation settlement at the end.

Funkyfairy_2

Many thanks for your replies.

Having spoke again with my solicitor on Friday he informed me that if I don't pay for the further 10 sessions of physio he will arrange a court hearing based on the evidence he has. The fact that I can't pay for the ten sessions will go against me as it will seem that I'm either not that badly injured or I'm hindering my recovery process.

I am a stay at home mum of 4 children and I simply don't have £370 to spend...if I did I would!!!

I questioned the solicitor and he said he has asked for an interim payment and they are refusing.

Would it be worth me phoning their insurers and asking or is that just interfering??

somethingcorporate

You have a solicitor dealing for you, I wouldn't confuse things by going direct to their insurer. I think you will need to beg/borrow the money to fund your treatment. It's only temporary until the settlement comes through and obviously you want to get treated...

[Deleted User]

You can take a loan for the cost and they will have to pay the interest on it, but I'd ask your solicitor to clear it with then first.

Something isn't right here.

FutureGirl

If they are refusing an interim payment it seems that this is a Non MOJ matter, so the insurer is under no obligation to give you an interim payment.

Have they admitted full liability? Did they deal with your vehicle on a without prejudice basis?

Don't phone the other insurer, you aren't allowed to do that as you have a contract stating someone else is representing you. You might find you're breaching the contract between you and your solicitor if you go direct to the other insurers.

It seems odd that this is a non MOJ matter as if it's as simple as your OP says they would have admitted liability to your solicitor straight away, and they would be under an obligation under the protocol to give you an interim payment.

I work for an insurer in the personal injury department and, tbh, we don't deduct hundreds if the person hasn't had physiotherapy. It just means we have a bit of a stronger hand to negotiate with.

Have you tried NHS physiotherapy as a last resort?
If you can't afford the whole 10 sessions, can you afford some?

OnanTheBarbarian

Has it been explained to you by the solicitor why the third party insurers are refusnig to pay for physio? Usually insurers are all over you at the beginning offering physio in order to help reduce the period of symptoms and ultimately, the level of compensation they have to pay.

Alternatively, with liability admitted and supportive medical evidence recommending you have physio, I can't see why your solicitor could not arraneg the treatment on a credit basis for you via a medical services agency, which is what happens the majority of the time.