Accident claim- Can it be reopened?

In 2017 I was out running, when a lady failed to stop at a give way section and failed to look as well, she collided straight into me and I went over her bonnet and got smashed into the middle of the road. I suffered injuries to my head, back and most severely to my knee ligaments. 
I am a personal trainer so I rely on my body and it’s ability to work.

her insurance offered me a small payout, less than £3k. I accepted it as at the time I was young, did not know the extent of my injuries and did not want to drag it out or negotiate. 

It’s now 2021 and my knee is still pretty damaged and if I overuse it, twist or do any weird movements it swells up like a football
 I am actually sat here icing it as it is so swollen I can’t bend it. Because I knelt down doing the housework yesterday and it did not like the movement’s through it.

it is just so frustrating that I’m still living with the consequences of this crash which was not my fault, and down to a lady who’s as clearly running late driving too fast and failed to look properly.

is it even possible to revisit this case, considering it got settled ? Or do I just live with this issue for the rest of my life?

Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    No. The time to negotiate a higher offer was before accepting the settlement.
  • MalMonroe
    MalMonroe Posts: 5,783 Forumite
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    It sounds like a really nasty accident. Weren't the police involved - as it sounds like she was driving dangerously. Didn't you stop either? 

    But - no - because this was settled at a time when you were satisfied with the offer made. Case closed.

    Have you been to your GP though, to ask if anything can be done to help? I know it sounds trite but often a physiotherapist can help with these kinds of injuries (you'll obviously be aware as you're a personal trainer) - your GP could refer you to an NHS physiotherapist.

    I don't think you should have to live like that for the rest of your life - although you may have to change careers and definitely STOP kneeling down to do bloomin' housework, that's just crazy - deliberately exacerbating things. Get a mop! You can get really fancy ones now that do everything and probably play a tune at the same time.

    I injured my shoulder (nobody else involved, just me being dozy) in 2007 and it did not feel right until 2012. I tried everything I could think of. Painkillers, pain clinics, chiropractors, osteopaths. Sometimes I couldn't sleep for the pain, over three years later. And the only thing that helped was physiotherapy. And lots of it, including practise at home.

    Please do talk to your GP. Something surely can be done. It's worth asking.

    A sobering tale for you - my friend's 35 year old daughter who lives in Australia was having a surfing lesson towards the end of 2019, when she suffered an injury called surfer's myelopathy. Since that day, she has been paraplegic. Her life has changed dramatically. She has a husband and two children and from being an active engineer, wife and mother, she is now in a wheelchair. It was an accident caused by her simply arching her back in the wrong position and of course no compensation can be claimed. She's in pain every single day and she's been told she may never walk again. She's determined to walk again, so we will see. 

    She is having to make major adjustments to her life and career. You may have to do the same but your experience is not as extreme. Think yourself lucky because there's always someone worse off than you. And at least you did get some compensation.
    Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.
  • Adly812
    Adly812 Posts: 558 Forumite
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    Thank you for sharing that with me, I really am so sorry for your friend in Oz, sounds like a freak accident that will never return her life to the way it was. So sad to hear.

    the police were involved in my accident, they were actually first on the scene, as I was running right across the road near the station when it happened. I did stop but she was coming around a corner and I had already decided to run, I was almost across the junction when she came swinging round, didn’t stop at the junction where she was supposed to, cut the corner and hooked me from my side.

    i was very quick to settle, as I said I never knew the extent of the accident and when you are not wanting to revisit it, so fresh, you just want to move on with life.

    I have tried physio on it, I’m a Pilates teacher too, so my whole regime is prehab strength work. I had an mri done on it and it’s damage to the mcl ligaments, patella and meniscus, so I just have to be so careful with movements.

    nevertheless, i guess my answer is know to the claim, I will just try and find a solution to help with this unfortunate situation. I guess we all have them at stages of our lives. It just is a darn shame I have so much reliance on my body to work for my living. 
    I’ll have to get used to some upper body teaching skills.

    ty 
  • ann_droid
    ann_droid Posts: 190 Forumite
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    Hi
    It would need to be new/fresh evidence.
    For something that was not known or foreseen at the time.
    Linking current problems to an earlier incident is hard to do, medical opinion is just OPINION.
    So if there are scans, X-rays, medical reports done at the time and they were incomplete or inconclusive.
    Did you take legal advice?  Did any/all solicitors represent you fully?  If not ask for a case review.

    ELSE  NO.
    Forum, Agin 'em or Just Neutral?

  • MovingForwards
    MovingForwards Posts: 16,898 Forumite
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    3 years limitation with PI, out of time to do anything and the settlement you received would have been on and full and final basis. You've no come back and unfortunately have to adapt and seek medical advice / treatment for the ongoing problems.
    Mortgage started 2020, aiming to clear it in 2026.
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