Desperate for help with MIB claim due to deadline

[Starlings]

I was injured in a collision in January of 2016. The car rear ended us, however the driver could not be traced. I had a medical done through my solicitor in February of that year who gave me a one year recovery time and recommended further physio (I had already had some which didn’t help). I completed my physio treatment and yet still suffered with chronic neck and shoulder pain and stiffness on a daily basis. The solicitor then sent a letter to ask if I still agreed with the medical report and I disagreed. However they did not arrange a further medical. The claim was then forwarded to the MIB after they could not trace the driver. The decision by the MIB was made on the basis of this report however it is not correct and I am in pain and extremely uncomfortable and irritable daily.
I would like to appeal the decision however my solicitor is against this idea (because of the old medical report) and will not undertsand that I am still suffering. They won’t give advice on how to appeal. I must send a letter of rejection immediately as the deadline is soon, however I feel I should give evidence with this, so if I send a GP’s report with this will the MIB see this as fresh evidence and allow me to have a further medical?
Also is it possible for me to send my rejection letter and the GP report to the MIB straight from me as I dont trust my solicitor not to remove the GP evidence and they are so determined for my case to go through on the old report.

Apologies for the long post and thank you

[Kati]

tagging des8 Peridot

[des8]

Hi and welcome.

Are your solicitors working on a "no win no fee" arrangement and have they effected an "after the event" insurance?

I would not recommend by passing your solicitor, if only because if the matter proceeds to court you will probably be needing his assistance.

INSTRUCT (don't let him say no!) your solicitor to reject the offer on the basis your injury has not yet settled, and you are seeking further medical treatment.via your GP.
Ask your solicitor for a copy of the letter of rejection, and bring to his attention the deadline.(How near is it?)
There is no need to send any further reports at this stage, altho' MIB will eventually probably require one.
There is never any need to accept the first offer from any insurer, even the MIB who are standing in for the unknown third party insurers

[Starlings]

Hi and welcome.

Are your solicitors working on a "no win no fee" arrangement and have they effected an "after the event" insurance?

I would not recommend by passing your solicitor, if only because if the matter proceeds to court you will probably be needing his assistance.

INSTRUCT (don't let him say no!) your solicitor to reject the offer on the basis your injury has not yet settled, and you are seeking further medical treatment.via your GP.
Ask your solicitor for a copy of the letter of rejection, and bring to his attention the deadline.(How near is it?)
There is no need to send any further reports at this stage, altho' MIB will eventually probably require one.
There is never any need to accept the first offer from any insurer, even the MIB who are standing in for the unknown third party insurers

Thank you, that’s very helpful. Yes it is a no win no fee agreement and I just feel they want to conclude it quickly by accepting an offer based on an old doctors report. Thank you very much for the reassurance.

[Peridot]

Hi Starlings,
so frustrating. Your solicitors are there to advise of on the best course of action. If you are still not recovered, when the medical report had suggested you should have, then it may be sensible to have further medical evidence. Have your solicitors informed the MIB you have not yet recovered?
I just need to check this claim hadn’t been settled and now you want it reopened due to your non recovery?
Have you been returning to your GP over the ongoing problems? Have they recommended any further treatment?
Your solicitor can’t force you to accept this offer of settlement but do check your terms and conditions concerning your no win no fee agreement and what happens in respect of any solicitors costs in the event you don’t follow their advice.
Provided your GP records support the fact you have not recovered and the original medical report suggested time for recover have passed, it may be necessary to obtain further medical evidence before settling. We’ll wait for your further comments and here if need any more pointers.

[Starlings]

Hi Starlings,
so frustrating. Your solicitors are there to advise of on the best course of action. If you are still not recovered, when the medical report had suggested you should have, then it may be sensible to have further medical evidence. Have your solicitors informed the MIB you have not yet recovered?
I just need to check this claim hadn’t been settled and now you want it reopened due to your non recovery?
Have you been returning to your GP over the ongoing problems? Have they recommended any further treatment?
Your solicitor can’t force you to accept this offer of settlement but do check your terms and conditions concerning your no win no fee agreement and what happens in respect of any solicitors costs in the event you don’t follow their advice.
Provided your GP records support the fact you have not recovered and the original medical report suggested time for recover have passed, it may be necessary to obtain further medical evidence before settling. We’ll wait for your further comments and here if need any more pointers.

Hi Peridot,
thanks for the reply, no they haven’t informed the MIB yet as I can’t seem to get through to them that I am still injured. So I thought the only way is to reject the offer as my solicitor has put up a brick wall whenever I mention having a medical before rejecting the offer to try and avoid getting an arbitrator involved.
Although im not sure if the solicitors saying thisnmay be due to my late reply. The late reply was due to personal reasons and also as I was not informed of a due date to the reply by my solicitor.
I have been to the GP about 3 times since the accident and the hospital twice; once following the accident and one a little while after to have a scan.
i have received massage treatment from the insurer straight after the accident (which didn’t help) and also physio from the physiotherapy department at the hospital very recently which also did not clear the injury.
im just not sure how to get across to the MIB that I am still injured. As I wondered, when I reject the offer do they always ask why I have rejected after and give another medical? Or do they just look at the old medical?
thank you very much

[des8]

Your compensation should be calculated according to the severity of your injuries (general damages), your rehabilitation costs and any monetary costs or losses you suffer because of the accident (special damages)
General damages are calculated in comparison with the Judicial College Guidelines, which for whiplash or soft tissue damage that are resolved in three months to two years range between a few hundred pounds and £6000.

Now insurers will offer the minimum they think you might accept.
Take their figure as a starting point and negotiate upwards.
They won't make it easy, and will probably insist on further medicals, but it is most unlikely they would refuse to negotiate as court action could cost them a lot more!

[Peridot]

Don’t panic, if all the solicitor is doing is asking whether you accept this offer, explain to them you are not recovered in the time scale suggested in the medical report.
It may be necessary to obtain your updated medical records to assess whether a further report is necessary.
General damages are not huge, particularly with whiplash injuries. £6k would definitely be at the very top end.
Any general damages are based on medical evidence so if the insurers have not been advised your injuries have not improved in line with the report then the offer they have made would be on the basis of the initial report.
speak to your solicitor and ask them to explain why they are recommending you accept the offer.

[Starlings]

Thank you very much for all your help, I feel more confident now in refusing the first offer