Help/advice please road traffic accident injury claim

[Acorn1969]

Hi and thanks in advance for any help/advice you can give me regarding this claim that has been ongoing now for nearly 15 months.

Apologies but I feel I need to give the details of the accident so you can make an informed decision on any advice given so August last year I decided to pull into a layby on a 70mph dual carriageway I realised my seat back half way and proceeded to browse on my tablet, it was dark around 11:30pm. The next thing I remember is coming round from unconsciousness with a Fireman kneeling where my passenger seat was they'd actually cut it out along with the rear passenger door and cut the pillar off all while I was unconscious, I was also aware of a nurse holding my head still and another nurse telling me not to panic. Obviously Terrified of the situation the Fireman said I'd been rear ended by an off duty police officer who had been arrested at the scene on suspicion of driving with excess alcohol, although for reasons still unknown they were unable to take a.breath or blood sample.

I was taken to hospital with cuts and bruises on my head neck Chest side and ankle nothing major but as I wasn't wearing a seat belt and no airbags deployed as the engine was off my body myst have been thrown with some force on the steering wheel and facia, however the main injury was losing my hearing in my right ear completely and after several visits to the Ent specialist along with tests mri and cat scans it has been confirmed in the medical report that my hearing will never return in that ear.

Before I had this confirmed the police officer investigating informed me the officer who hit me was undervthe limit as they'd taken a urine sample but not until 6hrs after the accident and the reason she gave for the crash was falling asleep at the wheel but was still going to charge her fir driving without due care and gave me a crime number as she said I was a victim of crime and support was available, but unfortunately none was ever offered or given. I'm not sure if it was when the poluce became aware of my injuries they decided to do a scientific analysis of the other drivers urine sample or before but they did and it came back she would have been twice the legal limit at the time of the accident so they charged her with driving with excess alcohol and she was due to appear in court march 2024 but that was adjourned until September 24 but again a day before the case it was adjourned again with no explanation until March 2025 and she didn't even have to appear in September it was done in her absence. Previous to this I was also told that she was entering a nit guilty plea with no explanation why and my would not be required. She is also still employed but on restricted duties but as far as I'm aware is still free to drive and carry on with her life as normal, unfortunately I can't.

Again apologies for this long detailed description but my life has been turned upside down because of thus and now I've had the medical report back from the psychologist which as far as I can make out us saying a full recovery within 22 months with 14-16 talking therapy sessions which I really don't want as I'm 55 years old and no amount of talking is going to get me to park in fast moving laybys again or erase the Terrifying memory of what happened and will just prolong the case which I just want done with so I have declined the therapy but where does that leave the ptsd claim?

As you can see it's an absolute mess one if those "you just couldn't make it up" situations i find myself in. Should i just sign off on the ptsd report or not and where should i go with the drink driving police officer or should i just leave well alone? I did make a brief enquiry to solicitors dealing with criminal law and was told they didn't think I had a case for compensation from the criminal injuries as she didn't intentionally cause me injury.

Any information or advice on what my next move dhould be and what compensation may be awarded fir my ptsd would be really appreciated, the hearing loss i think i have a rough idea but apart from that I'm in the dark.

Thanks again.

[Manxman]

I'm not in a position to give you legal advice, but as someone who spent 25 years as a manager in NHS mental health services, I'd give you very strong advice to reconsider your decision to decline talking therapy sessions - especially if you've been diagnosed with PTSD.

You need to speak to a lawyer who specialises in personal injury claims, not in criminl law.

[Acorn1969]

Hi many thanks fir your reply and advice however I have to disagree as the firm representing me have advised that they will not enter into negotiations with the other drivers insurers until therapy is complete which would mean 14-16 sessions as recommended by the Psychologist who also stated reassessment would not be a good idea for me. All I want now after stewing and getting more upset after the last 15 months is for this to be done with and only then can I put it behind me.

[des8]

I would suggest you follow the advice of your representatives.
Many people rush to settle their claim too early and once a final settlement is accepted it cannot be reopened.
The affects of a serious accident can appear months or years later,
Settling early does not "put it behind" one, altho' it may prevent one obtain proper compensation.

[Acorn1969]

Hi I get what your saying however I've lost my hearing completely in my right ear and the ENT specialist have confirmed it's gone for good, obviously my legal team are advising costings for treatment but there's no real benefits to be had there. Regarding the Psychologist report which I don't agree with at all saying expected recovery within 22 months fir a serious high impact collision which knocked me out for at least half hour and coming too after they already cut the doors seat and pillar from the car, i dont class that as minor. Add to that I was parked in a layby with engine off so no air bags deployed no wonder I wax knocked out for so long. The whole situation just makes a mockery of the system that the police are standing by a colleague who caused so much devastation it beggars belief. The reason they gave she fell asleep at the wheel which is bad enough but to find out she was twice the legal limit and fir her to keep her job and licence and have the case adjourned fir 6 months twice sorry but it just goes against the grain. My life has been turned upside down yet she can carry on as if nothings happened. And then I've got a Psychologist who saw me fir 45mins saying it's the most minor PTSD we'll the seriousness if the accident tells a different story. Seems all these people are interested in is getting as much money from it as they can whilst prolonging it and I'm not that guy it's not happening I just want compensating for the injuries actually caused as no amount of talking therapy is going to make a blind bit of difference to me anyway. The damage wax done the moment she crashed into me.

[des8]

OK your choice, but if you close the claim now you will seem to be accepting that psychologically it was a minor accident and be compensated accordingly.

I just know from years as an insurance broker, and from family experience, that it is a psychologists best guess that you will recover within 22 months.
My advice would be to wait and see, The long term impact could be a lot more severe than anticipated, altho' I hope it isn't.

But good luck, whatever you decide