Is third party liable to pay for physiotherapy

RezJo

I was involved in a Rear End collision in February 2018.

The third party has accept liability for hitting me but they claim they did not collided with my vehicle hard enough to cause damages to vehicle or injuries to myself.

My insurance has conducted an engineer report and has claimed the vehicle a right off.
I am in constant neck pain, headache, shoulder and neck stiffness, and find it hard to sleep at night.

I had a private medical report completed through my own solicitors, which recommended I have physiotherapy to recover.

My question is, do I need to wait for third party insurance to confirm they accept liability for injuries, or the fact that they have accept liability for rear end collision is enough to get the private physiotherapy requested by doctor.

I am trying to get into NHS physiotherapy through my GP but that takes time, and I really feel pain and I am very uncomfortable even as I write this post.

Any advice will really help me.

LadyDee

The other side's insurers will inevitably want to commission their own report before accepting liability for injury/treatment. You really should be letting your solicitor deal with this.

unforeseen

Did you get a check-up within a few days of the accident or did you leave it until recently?

RezJo

I had private medical examination after 3 weeks of incident, and the doctor requested physio.
The problem is, my insurance is RSA Insurance, third party is RSA Insurance, and my solicitor is RSA Law. (maybe unwritten rule of drag on the case long enough till plaintiff drops case for injuries).

I feel they are dragging their feet, and hoping i drop my claim. After 5 months my solicitor has still not obtained the engineer report to confirm damage to my vehicle from my own insurance. I find he is dragging his feet, and RSA insurance is dragging their feet.

I spoke to another injury claim solicitor who advised i should be having physiotherapy while waiting for the claim to be settled if the doctor has requested it.
I am just afraid to do that and if the third party insurance refuses to pay, i cant afford to pay for the physio my self. hence trying to get GP referral which takes time through NHS.

Mean while i have constant neck pain and feel unwell, waiting around for a report to be passed from one person to another using email!

So my question is does any one know if there is a rule that if medical doctor requested physio, i am entitled to having the treatment automatically?

RezJo

" You are ultimately responsible for paying for your own physiotherapy charges even if we arrange for them to be provided by the physiotherapy agency on a credit basis. The third party insurance company is only liable to pay your physiotherapy charges should they admit that they are liable for the accident and causing your injuries. Should they not admit liability and causation of your injuries then they will not pay for the physiotherapy charges.
I suggest that you contact your GP with a view to arranging physiotherapy for you".

My solicitor sent me a email today. seems I have to go to the NHS and try to treat my injuries there until RSA insurance get their act together.

FutureGirl

You have a duty to mitigate your injuries / claim. If the expert has recommended physio and you don't have it, it can reduce the payout you might eventually get.

However, also note that your solicitor should consider the rehab code 2015, which will state that if you commence treatment without communicating the need with the third party insurer, and agreeing a rate per session and number of sessions then the cost of the physio is negotiable, and you're not guaranteed to get the whole invoice paid by the third party insurer if they later admit liability.

Nasqueron

While it's not the same as yours as I had an accident which the other person admitted liability and their insurer offered physio immediately. I was able to get it through my gym for cheaper than they were offering so they were ok for me to pay it and claim it all back. Frankly, while I like the NHS, I am not prepared to wait for minor issues I can deal with myself through paying so went straight down that route and very glad I did. Why suffer in pain for the sake of £100 or so at the least for a couple of sessions before the NHS takes it up?

ValiantSon

Have you investigated how much private physio will cost? You may well find that it is not beyond your means if you take care of your money. If you can afford it, and you are genuinely in the pain that you claim to be, then it would be sensible to pay, irrespective of whether or not the insurers will ultimately pay out.

LadyDee

If you waited 3 weeks before seeking medical advice in the first instance, how would you hope to prove that your injuries were caused by that car accident.

If you had gone to the GP immediately after the accident then a report of that visit would have cost very little and it would have been on record that you sought immediate medical advice.