Personal Injury Advice - Motor Accident

[Sarahlbx]

Hi,

would anyone be able to share experience or advice with a minor RTA and what I can expect from the process?

i was the No fault driver in an accident. I was a learner driver at the time and was hit from behind when stationary. The other driver admitted fault straight away, he hit me quite hard and I had neck, shoulder and arm pain from the impact. it took the insurance company 4 months to arrange physio, 3 months after my medical exam and recommendation for physio and it’s nearly completed now.

the worst thing about the accident is the anxiety it’s caused me. I feel like it’s ruined my life, I went from being excited about driving and the opportunities in life it would bring me and my family to being a constant worrier, having a fear of death. My job at the time was dependant on me learning to drive and I had to leave the job as the cost of travel was too much in comparison to my income, my employer allowed me to work from home for a period then said I had to travel to work which I couldn’t afford so I had to get a different job near home. I am receiving mental health support but through my doctor and on medication for anxiety - this was never offered from the insurance company, the medical exam said I was experiencing anxiety but I would be ok after 3 months. This wasn’t the case and I had to get this support from my doctor.

in comparison, the physical injuries from the accident are nothing compared to the impact it’s had on me mentally. I did eventually go on to pass my test, 5 months later than my first test date, but I have hardly driven, I think in 6 months I have driven about 600 miles in total. I am getting a bit better mentally with support, but slowly. I talk myself out of driving daily and only do short journeys. I don’t know how I will be when I come off the anxiety tablets as it’s the first time I have ever taken medication like this

the physio ends next week and my physical injuries are pretty much resolved so I am assuming that the insurance will look to settle now. So my question really is on the mental side of it? They didn’t help me at all with dealing with the anxiety so am I right to assume that this isn’t something that will be considered? My solicitor is aware of my medication and cognitive behaviour therapy through the nhs. Is there any advice on what will happen next or if I should do anything?

[des8]

Just don't accept any settlement until your mental condition has been factored in.
Your anxiety is a result of the accident, as was your employment difficulties, and these should not be ignored when calculating the settlement figure

What is your solicitor advising?

[Sarahlbx]

des8 Thank you

they haven’t really advised anything to be honest, they have just asked me to keep them updated on physio and when it’s finished to let them know. My physio recommended further sessions so other than then receiving the physio report and recommendations they haven’t said much else. I had to fill in a document to request all my medical records. That’s pretty much it. They are aware of the tablets and therapy via the nhs, and I’ve sent over all corresponding letters for this but they haven’t really mentioned it. But it feels very much like it’s all about the whiplash injury.

It’s had a horrible impact on my life, I actually ended up getting a job working from home now, after being in jobs my entire life where I would be in a team environment, just so I don’t have to drive anywhere

[des8]

You need to instruct your solicitor to take into account your psychiatric damage.

Compensation for anxiety problems tend to be small, but in view of the info in your post I would suggest you supply your solicitor with a report from your psychiatrist. (Your doctor has referred you for psychiatric help?)

[Sarahlbx]

des8 i received a call from them yesterday and was told that it needed to be reviewed by a supervisor, as I signed the initial medical report last year which the doctor said they expected my anxiety to resolve within 3 months. They told me that due to the time, they didn’t think the ‘other side’ would accept the psychological damages and arrange support for me. But I made my solicitors aware of all the issues, numerous messages, doctors appointments, therapy appointments, I’ve kept them updated. I have a feeling that they haven’t done anything with it. I had to sort out my own help for the anxiety, long nhs wait times for therapy when my solicitors were aware of the issues all along.

I don’t understand, the physical injuries lasted longer than the initial medical report predicted and that’s been accepted and further physio sessions were given, but the psychological injuries no support was given to me and because the doctor said 3 months and I signed that, they can’t go back to the insurance? The medical report said if symptoms persisted a further report was recommended, but I reported it all and they didn’t send me for another medical?


The therapy i had via the nhs only allows a set number of sessions and I have to wait before I can refer again. I can’t afford private therapy myself, and I just don’t feel that I can cope with this anxiety on my own unless I completely stop driving.

do you know if what they are saying about the timescale would be correct?

[des8]

Do you have a copy of last years medical report where it was said that your anxiety should be settled within 3 months?

I wonder if you actually signed an agreement to settle at that point without realising it!

You can go back to your solicitors and ask them to explain why, viewing the updates you have been sending them, the insurers are not providing the support you need? Ask them why they have allowed this part of the claim to be closed off when they had been informed your condition was not materially improved.

[Sarahlbx]

Yes, I have a copy of the medical report, I don’t appear to have signed to settle anything. I just signed to accept that the medical report was true. Which at the time I suppose
it was, I’ve never had a car accident or anxiety before so until
this situation i didn’t know what it felt like, the doctor just advised he believed the physical and mental injuries would take 3 months to resolve but if they did not then a further report was recommended. The visit with the doctor was in October and the report was sent the end of
november, and the accident was in August. They pretty much confirmed in a manner of words that the updates I had been sending haven’t been sent to the insurers which would explain why I have had to seek support myself I guess. The updates were acknowledged as there are replies to my messages.

[des8]

Follow your solicitor's complaint procedures.

I wouldn't expect a great sum of money to compensate for your anxiety as court awards for that tend to be small.
However they should be funding your treatment.

[Sarahlbx]

This is still ongoing, my solicitors instructed a report from a psychologist, the report has come back with recommendations for therapy and post collision course. But then my solicitors have now told me they can ask the insurance to cover this but the onus is on me to aid my own recovery and cover costs myself, all they can do is ask the insurance to cover or arrange this but they may say no.
i just can’t seem to understand why they covered the physical injuries but no one will help me with the psychological side which is what’s having the biggest impact on me.

[des8]

Bearing in mind that we do not have the full facts and your solicitors do, but I am surprised your solicitors are advising that they can only request the third party insurers cover the costs.

Any costs you incur because of the third party's action should be covered by their insurers.
Yes, you do have to do what you can to mitigate your losses.

I wonder if somewhere along the line a pay out has been accepted, either by you or your solicitors acting on your behalf, as full and final.
People often accept payments for the material damage without realising they might be signing acceptance of the amount as settling the claim in full.

[Sarahlbx]

des8 thank you, I’ve gone through all the documents and the only thing I have signed is the consent form for medical records. Are they able to accept a settlement without my knowledge or consent?

I spoke with the supervisor and he basically told me that it will be difficult but not impossible to get me support for my anxiety, as as far as the other side are concerned, my anxiety is resolved as I accepted the first medical report that stated the doctor expected my anxiety to resolve within three months. But I notified my solicitors that it hadn’t resolved and they didn’t act. My solicitors arranged the psychologist report, and then from that report they have said it’s unlikely that the insurance will cover costs of the recommended treatment and advise me to go via nhs if I can’t afford private therapy

[des8]

Your problem will revolve around your acceptance of the first report, and your later notification that matters had not resolved.

Was the first report a specialist medical assessment from a psychologist, or a GP?

[Sarahlbx]

The first report was done by a gp in October, diagnosed with severe travel anxiety and mild anxiety with the comment that it would resolve within 3 months, and it was January I notified the solicitors and my understanding is that to this point now they haven’t notified the insurance

[des8]

Well I can't comment on your solicitor's action/inaction, but would suggest you raise a formal complaint with them.
When you appointed them you should have been given details of their complaints procedure

[Sarahlbx]

des8 Thank you for all your help. I have raised a complaint now so I will wait to see the outcome of that I guess