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Hello. I'm new to this forum, so if this is the wrong place to post this message, please let me know.
On holiday at a large rental house a family member stepped into a rabbit hole in a child's play area and fractured a bone in her foot. We submitted a claim to the company who own the property and their insurer has admitted liability last September. They asked for details of the person who was injured and also provide medical evidence of their injury by way of hospital records, appointments, GP notes and any discharge reports. The details of the person who was injured was sent to them along with an NHS in November 2021. Three and a half months past and we hadn't received a reply or acknowledgement of the information. I contacted them again and asked what the delay was and in March this year they replied to say that they are awaiting medical records and as the person who was injured is a minor we are required to obtain legal representation. This was never mentioned when they admitted liability in September last year.
I submitted a complaint and advised them that the medical information they asked for was submitted in November last year. I have received a response from the company who confirmed "It will be necessary for you to obtain a medical report detailing the extent of the claimant’s injuries and giving a prognosis. A report from the treating consultant would not normally be accepted and without a firm prognosis we are unable to value the claim"
The NHS letter from the consultant confirmed what the injury was and the treatment provided. The letter ends by discharging the patient and handing care back to the doctor. Basically an X ray confirmed the injury and a splint was required and after a certain time period the splint could be discarded.
The company also confirmed the following:
"Upon receipt of appropriate evidence an offer will be made and if accepted, as the claimant is a minor being aged under eighteen, and given the nature of the injury sustained it will then be necessary to obtain Court approval for the settlement. It would be for the claimant’s representative to instigate the appropriate proceedings. It is for you to decide how you wish to proceed to comply with the above requirements and the reason why our handler indicated legal representation would be required is due to the complexities of bring a personal injury claim for a minor".
Can anyone please help? Is it necessary to employ a legal representative and will we need to obtain a medical report? I feel that they are just making things as difficult as possible in the hope that we will go away. When I phoned the company a representative did mention, without going into any detail that there was an alternative to going to court where it was an agreement between the parent and insurer
Regards
Adrian.
On holiday at a large rental house a family member stepped into a rabbit hole in a child's play area and fractured a bone in her foot. We submitted a claim to the company who own the property and their insurer has admitted liability last September. They asked for details of the person who was injured and also provide medical evidence of their injury by way of hospital records, appointments, GP notes and any discharge reports. The details of the person who was injured was sent to them along with an NHS in November 2021. Three and a half months past and we hadn't received a reply or acknowledgement of the information. I contacted them again and asked what the delay was and in March this year they replied to say that they are awaiting medical records and as the person who was injured is a minor we are required to obtain legal representation. This was never mentioned when they admitted liability in September last year.
I submitted a complaint and advised them that the medical information they asked for was submitted in November last year. I have received a response from the company who confirmed "It will be necessary for you to obtain a medical report detailing the extent of the claimant’s injuries and giving a prognosis. A report from the treating consultant would not normally be accepted and without a firm prognosis we are unable to value the claim"
The NHS letter from the consultant confirmed what the injury was and the treatment provided. The letter ends by discharging the patient and handing care back to the doctor. Basically an X ray confirmed the injury and a splint was required and after a certain time period the splint could be discarded.
The company also confirmed the following:
"Upon receipt of appropriate evidence an offer will be made and if accepted, as the claimant is a minor being aged under eighteen, and given the nature of the injury sustained it will then be necessary to obtain Court approval for the settlement. It would be for the claimant’s representative to instigate the appropriate proceedings. It is for you to decide how you wish to proceed to comply with the above requirements and the reason why our handler indicated legal representation would be required is due to the complexities of bring a personal injury claim for a minor".
Can anyone please help? Is it necessary to employ a legal representative and will we need to obtain a medical report? I feel that they are just making things as difficult as possible in the hope that we will go away. When I phoned the company a representative did mention, without going into any detail that there was an alternative to going to court where it was an agreement between the parent and insurer
Regards
Adrian.
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