Third party insurers say I exaggerated injuries

spottycat

In May last year I was involved in a car accident. I was hit by someone turning the wrong way out of a side road. They hit my passenger side, I spun in the road and hit trees at the side of the road. My car was completely crushed and somehow I made it out.

The person who caused the accident admitted fault, I was seen by an ambulance and the next day attended hospital for a CT scan to my head.

I had a mild brain injury, some physical injuries, whiplash, other musculoskeletal injuries and injury to my abdomen.

I have had all these injuries documented by doctors. I now see a neurologist.

Despite all this the response my solicitor had from third parties insurance was that they refuse any payment to me as they believe I have exaggerated my injuries.

I asked my solicitor what he had actually given to the third party insurance and I was told the doctors report and photos of my accident. That’s it.

I was shocked and asked why he had not sent any of my doctors notes, my letters from hospital/neurologist, photos of my physical injuries. He said he would do that once he has more details of why they believe I am exaggerating my injuries.

Is this the process? I have no idea, why did my solicitor let it get to this point without showing evidence? He then said if I lose I’d be liable to pay costs!

This accident has completely ruined my life! It has completely changed my personality, I have memory loss, migraines and I bump into things constantly. I feel I have turned “stupid” and can barely think anymore.
I have anxiety and I’m scared to drive. I feel people in the street will hit me.
I honestly feel so let down and sad. 

My life is so crap and now I’m accused that this is all exaggerated, I’m even questioning myself if it’s all real.

I have no idea where I am going with this anymore, I’d just like to know if this is typical or what my next steps should be?

Thanks

elsien

Is this a no-win no fee solicitor by any chance?

spottycat

elsien said:

Is this a no-win no fee solicitor by any chance?

It’s my car insurance solicitor. If you know what I mean. Not a no-win firm.

gwynlas

Even though they are acting on your behalf the solicitor would not release all your details unless they are required which he will now do. It sounds horrendous but you are suffering and could obviously be assessed by a Dr if required by the third part insurer. They are in the business of minimising their costs it is not personal.

spottycat

gwynlas said:

Even though they are acting on your behalf the solicitor would not release all your details unless they are required which he will now do. It sounds horrendous but you are suffering and could obviously be assessed by a Dr if required by the third part insurer. They are in the business of minimising their costs it is not personal.

It was the third party doctor review the insurance saw and made this decision of exaggerated injuries.
reading through it, it doesn’t appear exaggerated at all, infant since that report was made more developments in my injuries are more profound now a name/diagnosis has/is given.

sorry if it doesn’t make much sense!

ThorOdinson

Is there any other treatment you could get? Private if necessary. The third party will ultimately have to pay for it, and you shouldn't have to suffer if there is something that can be done.

You can get talking therapy to help with the anxiety. The other stuff can maybe be treated too, like the "feeling stupid" is something that people with CFE/ME/Long COVID get so maybe you can get a referral for some help dealing with it. It's not a cure but you can at least learn to live better with it?

Have you lost any money as a result of this? Time off work, unable to travel, anything? You should add it all to your claim against the third party.