Non Fault Motorcycle accident

[des8]

As the third party have admitted liability it is possible to obtain a court order for interim payments.
This is something to explore with your solicitors, although I'm sure Peridot could give you some pointers

[Peridot]

Hi Beaconsman,

It all comes down to the experts prognosis as to the value of your claim and also any potential future losses (as these are also down to the prognosis). There will no doubt be arguments to be had as to what is degeneration from the previous injury and what is actually as a direct result of this injury. So for example if the original injury from early 2000's had a prognosis that you would have problems in the future then the argument will be, is this a natural progression of the previous injury or an exacerbation ie a speeding up of the progression of the previous injury and in which case at what point would the previous injury have been expected to progress. This would then separate the 2 injuries so the calculation of what special damages you would be entitled to and the injury compensation (general damages) itself would then be calculated. The defendant would only be responsible for the exacerbation from the date of this injury to the point the problems would have been experienced in any event, due to the previous injury. I suspect this is what the insurers will try and demonstrate.

You need to nag that solicitor of yours again. I'm not sure why they aren't asking for an updating report on the basis of this new MRI and further GP attendances, but is this because they want you to see an expert with a different specialism?

As Des8 mentioned you can get an order for interim payments but this would only be successful if the medical evidence supports your claim that the injuries and the prognosis for the injury are in line. It sounds like the medical evidence won't necessarily support an application at this point but again you should discuss this with the Solicitor. In addition if a further interim payment is made and then the medical reports do not support the fact that everything you are experiencing is as a direct result of this accident, you may be required to refund some or all of the interim payment you receive(d).

[beaconsman]

Hi all, I have this morning received a letter from my employer, asking for a meeting next week. If I cant return to my role, and no suitable role can be found, then they have stated dismissal on capability health/absence is the only option. My solicitor is putting in for a large interim payment as I am signed off until mid june. My GP has sided with the occupational health physicians report from end of march. Although it does state, "to be reviewed in 2 months time, once pain management has had to effect"..so why are they asking for a meeting and threatening dismissal when they are going against their own medical and occupational health adviser? I knew it would come to this.

Adding, I have already received a small interim payment back in February but this was used to pay previous bills. The new interim payment request is fro around 3.5k which is my total losses up to March.

I have an appointment with the independent medical expert on 2nd June, the previous report has now expired and due to the MRI findings in December, out of date.

I believe we are now looking at pain management with effective prescription drugs and finding the right combination. At the moment, it is Amitriptyline (to be taken before sleep) and Tramadol in the day.

[beaconsman]

Update: Sorry its been so long! Been awarded PIP at standard rate, also got a blue badge. Interim payment received last week and back dated PIP from January!
Still have to fight the the third party for interim payments but now they have made 2, they should start complying. On very strong meds, Gabapentin, Diazepam and Orophyl, (oral morphine). GP signed me off until mid June, have appt on 6th June for pain management (drugs not working for pain).

Been awarded my NI contributions back for 4 years when i was stay at home dad (2012-2016).

Been apparently asked to fill in a form for disability element for working tax credit.

Application for war pension ongoing, had medical in April. not heard anything yet..\\phew..lol

[des8]

Thank you for update, and pleased to hear matters are progressing at last

[beaconsman]

Take the good days with the bad days...

[des8]

Good luck with the war pension ....I know what the veterans agency is like as assisted my son in law in appeal to tribunal (he won!)

[beaconsman]

Thanks Des, the PIP assessor was poker faced throughout, I got standard rate on both so not even appealing as frankly i cant be bothered! It will help me on the long term for the next 3 years, as will 50% reduction in VED and also have a disabled badge due to the points scored. (missed out by 2 points on mobility which is a joke!) backed up neural surgeon report and two occupational health reports, last one being an ex army MO and he stated, the client is not fit for work for the foreseeable future and is unlikely to be able to carry out these duties in this role"..she dismissed these totally, healthcare professional my ***e. Have an IME (court appointed independent Medical examiner) appointment on Saturday for insurers, second one was the last one in October he stated I could return to work! Obviously the interim payments have helped me and being awarded PIP have got me out of severe financial strife. My GP has signed me off long term and has already said, I wont be back at work for the foreseeable future given the nature of my role and my ongoing medical issues with my spine. I hope to hear from the MOD in regards to the war pension, the GP that came seems nice tbh, nicer then the PIP assessor anyway!

Onwards....!

[beaconsman]

Still here, appointments moved again, which is infuriating, Occupational health Physicians review (so job dependent) on 2nd July, IME (for insurers on 14th July, psychologists appt on 12 th of...September!) ...and today, I've been chasing my own medical reports, again!

Had a GP appt last week, signed off until September..on a host of drugs which isn't at all nice. Found out I haven't go the scan report in full, which I find disgusting so been filling out an SAR and sending that off today, no more mr patient person!

In chronic pain most days, not all, but most. Not giving up and not my claim 'may' be moved to multi track? whatever the hell that is..

[Peridot]

Sorry to hear things are still moving at a snail's pace. Multi track cases are the more complex claims. This may help explain: https://www.inbrief.co.uk/preparing-...-track-claims/

[beaconsman]

After much searching, phone calls etc, i have now gained my full medical history, including the findings of the MRI scan which totally contradicts what my GP has told me. Basically, my spine is in a pretty bad way. In total, the document is 15 pages long. Premex, who cant organise a ... in a brewery...have still not yet compiled all my medical history.. I have accomplished this in little less than 2-3 hours. Should they wish to have them, can I charge them a fee as it is my own SAR which I have had to sort out and send ID electronically. I started this little process at 1pm, by 4-30pm I had my full medical history in detail, including the exact medical terms and findings by the senior radiologist and the associated report and prognosis from the surgeon...

[Amethyst]

Blimey, there's a lesson there for us all.... how? Simply calling the relevant departments and requesting the info under GDPR and they just sent it over electronically straight away ?

[beaconsman]

I had to fill out an SAR with associated ID. As the medical agency could not compel my files in time for a n appointment that has been bought forward, I took it upon myself to get them asap.

[beaconsman]

Good Evening all, update..no more interim payments untilI have had a my independent expert appointment on 14th July. Nice of them to take up a Saturday morning for me. After a bit of advice, in regards to my options, I am currently signed or declared unfit for work due to "chronic back pain". I have a review with an occupational health physician a week today (2nd July). I now have al my medical records including the results of full spinal MRI which shows serious issues, just wonder why ensure (3rd party insurers) are messing about with interim payments, given they have already released 3 previously. I am thinking, bad idea, about a possibility of becoming a law undergraduate at Hull Uni this Sept/October, going for a look round on their open day. If I decide and get accepted as a mature student ( I have 120 Credits of undergrad study with OU) can I just resign when my sick note runs out mid September? I have been awarded standard rate PIP and my wife is supporting me. Due to the injuries, ongoing, just cannot see myself continuing in my role. After travel expenses, a commute of an hour each way, for roughly £45 take home per day, I am actually realising, what the hell have i been doing! It has cost me a car (engine failure) and a motorcycle written off in said accident) so far, plus my health has taken a massive hit. I Am not as young as once was and it is taking time to heal and the prognosis is that I will now always have spine/back pain. Any advice not eh work/packing a low paid job in? Also may mention, no one from my dept has even called me to see how I am, it is now 11 months I have been absent!

[beaconsman]

Occupational health physicians second review has deemed me unfit for work again, have the IME on saturday morning at 10am. so will have get my ammunition ready..( i had no idea that they are hired by the 3rd party!, so not truly independent.If possible, I would like advice on where I stand come sept/october as applied for law at uni full time. (worked out finances etc) and I'd be better off in education as opposed to my very low paid job...since being on here, plus helping others, it has inspired me, I was very interactive in the seminar given by the head of law..( i didn't know it at the time!)