Motability insurance nightmare

vix2000

Long story, really sorry!!!
I was involved in a RTA in a vehicle leased from Motability. The driver was not at fault and the other driver admitted fault from the start. I was sitting in the back seat and the impact was at the back and I suffered quite severe whiplash.  At the request of the insurers I was sent to a local gp for an initial assessment ( I had already been to my own GP who had offered Physio).  I was then contacted by the insurer and told that I had to use their Physiotherapist and not the NHS.  I completed the course and the physio said I was not fully recovered but this was my allowance. I could try and get the insurer to pay for more sessions or they would give me excercises to do at home, the latter was agree.  I continued the excercises and then was sent an appointment with a specialist, about 30 miles from home. This was 9 months post accident.  I was in with the doctor approximately 5 minutes.  He agreed that I was still suffering from the whiplash and had limited movement.  He said to continue the excercises.  I continued the excercises but also attended my GP as I was not improving.  My GP organised a physio appointment.  The file handler, meanwhile, had recieved the specialist report and it said that he expected the injuries to be resolved within 12 months. 

The company dealing with this is a nightmare to communicate with.  Every time I called I was told my case handler was off that day but would get back to me.  They never did.  They have an online portal, they never reply to this.  My communication with them In 2 years has been minimal.

The case handler contacted me and asked me sign to agree to the specialist report.  I responded to say that I cannot agree to it as my injuries have not resolved and that I am waiting for a physio appointment.   I had this appointment late last year and was told that the whiplash injuies were still causing problems and that they would refer me to a spinal specialist.  I relayed this information to my case handler and asked advice on how to deal with my claim as the lack of communication and length of suffering from the injury was very stressful.  I had heard nothing about this for many months so I emailed my case handler and got an automatic reply saying they no longer worked for the company.

I called the company to be told I would be put through to my claim handler.  I had to explain that this wouldnt be possible as she no longer worked for them.  I was told my new case handler would contact me.  As expected, they didn't.  At the end of my tether my partner took over.  He called Motability and explained the situation.  They said he needed to contact RSA.  He did and a very helpful man explained that they had nothing to do with the personal injury side they use a seperate company (the one I was dealing with).  He said he would contact their complaints dept and they had to respond within 48 hours but give them 72 hours.  As expected, no response and we gave them a week.  Back to RSA and someone less helpful!!!  Apparently nothing to do with them and all they could do was put us through to carpenters.  During this time I was awaiting some results for some lymph node changes seen on my recent CT scan.  Because of this I had given permission to the company for my partner to speak on my behalf.  A few days later after my daughter, the driver, had mistakenly received a phone call as the driver, and my partner was called but they refused to deal with him, I received a call. I had, a few hours before, an email with an offer from the other side.  This was for a 9-12 month injury.  During the conversation I was told that I could only get compensation for what the specialist report said.  I explained that this report and prognosis was wrong.  I was told it can't be wrong. I asked if I could pay for a second specialist report but was told no it wouldn't be accepted as I paid forit and that I cannot shop about until I find a specialist that suits me!!!  He said if it went to court they would only look at the specialist report they would ignore all physio reports as irrelevant. I asked if I could wait for the spinal specialist appointment but he said that was also irrelevant and that because the specialists report has said that "Any ongoing symptoms beyond one year would be considered constitutional."  This was an extremely upsetting telephone conversation, I felt bullied to be honest.  I now find that this person is not a solicitor just and advisor.

Is it worth my contacting an independant solicitor as I feel this is very unfair.  I have a letter from the previous handler who had advised that I see their specialist again after my NHS consultation but I am now been told this is impossible.  I am confused and don't know which way to turn so ny advice would be very gratefully received.  

So sorry for the length

DullGreyGuy

So your insurers instructed Carpenters to assist you in making your personal injury claim, was that under a Legal Expenses policy or on a "no win, no fee" basis?

How long after the incident did you see the specialist?

You should follow the complaints process as outlined on their website https://www.carpentersgroup.co.uk/regulatory-information/