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  1. #1
    First avenger's Avatar

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    Question RTA - advice needed please (desperate).

    Hi everyone.

    I have been searching the internet, reading these forums within the last 18 months and can't find the information I think I need and hoping someone can help me please.

    Brief background - had a RTA in march 2016 where a driver drove into the back of me at 40/50mph. I have been paid out for the damage to the car and I am now in a personal injury claim. The injuries I sustained were neck, shoulder and back injuries. I am till this day still experiencing pain and symptoms 18 months later.

    I saw saw the independent specialist as arranged by my solicitor and he gave a prognosis of 12 months from the accident to return to pre accident state also stating it was some of the worst injuries he had seen in 10years. . In those 12 months I have had 20 sessions of physio, and at the end of the treatment I wasn't making any further progress so my physio suggested there was a more underlining problem, referred me to my doctor, MRI scans done one showed slightly more degenerate tissue in my back and the the second showed I have a tear in my shoulder. I have had 2 coutrizone injections in my shoulder to relieve pain to date. Also I have been in constant monthly contact with my doctor and medication I have had since march 2016 till present day. Once I knew I didn't have a "life time" injury I told my solicitor I wanted to settle the claim, (at this point it was 12months after the accident). My solicitor instructed an orthepedic specialist and a phycologist to write reports as per the process of a personal injury claim. The orthepedic report shows 12 months worth of injuries is in conjunction with the accident and the phycologist report states the same. Both also say the litigation process is having an adverse affect and I won't get better until it's over with. I have not worked since the accident either.

    Theoughout the 12 months thw defendant has asked for access to my medical, employment and DWP records. I have given written authorisation. I have also been asked for bank statements prior to and after the accident. Also I have had to answer various questions in a statement.

    I am now at the stage that the defendant has asked for a figure for settlement which has been given earlier this week to them.

    they are now asking to do a SAR request for the dwp and asking me to sign the E1 part (my records go directly to them without me seeing them). I don't wish to do this and I previously ticked the E2 part (I see the records first and then I give my authorisation. The DWP never sent me anything and the defendant claims I never gave my authorisation. This isn't true, I never received anything. I also understand it should have been done within 40 days?

    today I have received notification, a court date has been set for January 2018. And my solicitor is stating I have to adhere to their request as I am in the court process. Is this true? Surely it's against my rights under the Data protection act that I should be able to see information about me.

    to note: the defendant SAR request wants my records from the accident date to present day. But my claim is only for the 12 months as per the medical specialists reports. I don't feel this is relevant... is it??? If someone could clarify

    So my question is: do I have to sign the E1 part as being asked by the defendant. Or can I sign the E2 part again?

    i am losing the will to live if I'm being honest with the stress this is giving me and the affect in my mental health. I am currently waiting for cognitive therapy as per the phycologist report.

    I hope that makes sense, and any advice or guidance would be greatly appreciated. Thank you in advance.

  2. #2
    des8's Avatar

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    Default Re: RTA - advice needed please (desperate).

    I think you will find that DWP Compensation Recovery Unit are the reason behind this request.
    Solicitors and Insurance Companies work with CRU


    IMO you should not settle this claim until you are confident you are fully recovered.
    In spite of what the medics hope and confidently predict, RTA injuries can affect one for years (literally!) and you are still experiencing pain!!
    Why was the claim escalated to court action, presumably there is no denial of liability, so it is a question of quantum?

  3. #3
    First avenger's Avatar

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    Default Re: RTA - advice needed please (desperate).

    My solicitor has said I can only claim for the period that medical evidence supports (12months). And if I'm being honest I've had enough of the whole process and I want to get on with my life and not have this "hanging" over me. It is causing so much stress and it the affects in my mental health are causing me me to be sad/angry and it's affecting my family life. Hence I want it over with. It's not about the money, it's getting on with my life and have the litigation process over with and having this intrusive process over with.

    When they paid for my car damage - full liability was admitted, hence I was paid for the car damage. In September 2016, my solicitor started a county court claim as the defendants were being instructive. I hired a car whisky mine was off the road, and I paid it. Then they wouldn't reimburse me so my solicitor started the claim to try and get that paid back to me. Without any luck I will add. Also it was to get me some money as I was thousands of pounds out of pocket. Then since then the whole claim has been added to it.

    We al lithe othwe informatiin they have requested, I feel they are on a "fishing" exercise and trying to discredit me. They have said they question my creditbilty as I paid for the hire car in cash. Only reason I did this was I withdrew the money from the bank to buy a new car... but ended up using it to pay the hire as the defendant insurance company missed the payment deadline nad I was hounded for payment for the hire company.

    In october 2016, they filed a defence to the court basically not admitting that I had sustained a personal injury and I had to prove it. (At this time, no medical proof or report was available). I honestly have no idea if they now admit liability. But surely by paying out on my car and admitting liability, then they can't argue liability of this accident now?

  4. #4
    des8's Avatar

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    Default Re: RTA - advice needed please (desperate).

    The third party insurers aren't denying liability but are requiring you prove you suffered injury.

    If you want to finalise this matter, you need to follow your solicitors advice re signing the E1 section of the consent form.

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