Non Fault Motorcycle accident

[beaconsman]

Re: Non Fault Motorcycle accident

Interim payments cannot be made based on the MoJ, plus they have yet to receive the full medical assessment from the private consultant i was sent too on the 14th October....(a rather long and heated debate yesterday via the telephone). Full liability was admitted within a few days by the third parties insurer, accident was partially caught on dash cam footage by an eyewitness, the liability was admitted due to the footage supplied. Just at a loss as to why they say I have to wait for the medical report, I was having Physiotherapy every week for 8 weeks! Then it just stopped as they wouldn't authorise any more..it was helping me a lot with movement, I am back where I was immediately after the accident (14th July) in pain and lack of movement, which will severely affect my return to work...if at all due to my role (and associated tasks I have to carry out, lifting, carrying etc).

Since had a call back form the "Law firm"...(by definition it stands to be ironic)...and they have now authorised more physio sessions, the date it happened (14th July) was my last commute home for the summer (pro rata) so I wasn't due back until September, I spent all summer recovering, lost holidays also, attempted a return and lasted 2 weeks before my back just gave up whilst at work, self certified for 5 days hoping would be better. Eventually my wife drove me to GP, on 26th sept was signed off for a month, then returned on 26th October to get signed off until 30th November, have a GP appt on 16th Nov as meeting HR (employer) on 20th.

This is my last month on 100% salary, after this it drops to 50% for 2 months. So, worried yes, about my back/health and possible incompetent law firm, financial commitments (mortgage, HP agreements for our car ((Although my wife could cover this)) and my replacement motorcycle ((yes, i rushed into this!)). My employer has replaced me temporarily, although I am very worried that due to this, along with the pre existing military injuries, a return to my role may not be at all possible due to the fact it is a long commute (30 miles plus one way) and I get bad spasms/shooting pains whilst driving short distances..)

I also may have to sell my motorcycles as I cannot ride nor can i restore my project bikes which is my hobby...(along with no ice skating/or karate.

All i got was the usual from the third party, "sorry mate, I didn't see you". Bright red motorcycle, dipped headlights...

[des8]

Re: Non Fault Motorcycle accident

As I warned you at the very beginning, do not rush into settling your claim.

Your loss of salary, and all your other problems become part of your claim.
If you have a full & final settle early you will not be able to reopen your claim.

Don't understand your comment about MoJ.
Interim payments are quite common in Personal Injury cases, especially where the third party admits liability.
By not making them the insurers are putting pressure on the injured to settle quickly because of cash flow problems met by the injured party.
To level the playing field by removing this pressure courts will award interim payments.

[Peridot]

Re: Non Fault Motorcycle accident

Paying for some physio is in effect an interim payment.
Was the appointment on 14th Oct the first medical expert you've seen as part of the claim? In which case, until the injuries you suffered are established to be as a result of the accident (or have exacerbated your old injury) then it is unlikely an interim would be offered.
Obtaining medical evidence to support your claim, can take a ridiculous amount of time. All your medical records have to be obtained which is usually where the significant delays arise! Once the report is received then, provided you can demonstrate that injuries are as a result of the accident (or that an exacerbation has occurred of your previous injuries), then an interim should be requested.
Good the defendant's insurers have now agreed to fund some further physio.
Hang on in there.

[beaconsman]

Re: Non Fault Motorcycle accident

Hi Peridot, the appointment on the 14th October was originally scheduled for 26th August, however this was cancelled and put back to allow the injuries to settle...My law firm acting on behalf of insurers told me this. The medical report was carried out by an independent person as opposed to my GP. He was the first the independent expert, yes. I have seen my GP, on these occasions, he has signed me off and given me prescriptions (Diazepam and Codeine) for the pain/spasms.

My old injury was gained in HM Forces (2002), I left in 2003. I was told the consultant is waiting for my medical notes from my surgery, this can take up to 40 days...? (payment was made on the 2nd November)...
He then has 14 days to write and produce the report and send it to my legal representatives, upon receiving this, the compensation amount can be justified in relation to the report.

The defendants insurers haven't authorised more physio, it was my own Legal representatives that said they will authorise 4 more sessions. I presume they will be claiming for these anyway.

I have a meeting with my HR (work) on the 20th Nov, so I dont really know what to say...quite worried and anxious tbh,
hat I dont understand is if liability (in full) has been admitted, why is the issue of me getting treatment and help towards payments an issue? My legal rep has said it down to MoJ and the processes?..

[Peridot]

Re: Non Fault Motorcycle accident

It is good the insurers admitted liability so quickly. However, that is irrelevant in a personal jury claim if you can’t show the injury was as a result of the accident. Whiteout that causal link you wouldn’t be entitled to any ‘special’ damages, (loss of earnings etc)
The injury and how it was caused is evidenced by the independent expert, not your own treating GP or specialist, so without the report you can’t expect a settlement or even a significant interim payment.
Medical records are notoriously slow at being provided by GP and hospitals I’m afraid. With a pre existing condition it is to be expected an expert would wish to see all your records before compiling his report.
You do need to sit tight for the time being I’m afraid.

[beaconsman]

Re: Non Fault Motorcycle accident

Good Morning LBers, I have just had a missed call from physio so hopefully can arrange those. The pain is unbearable today.
As regarding the claim, I will "sit tight", although I have no idea what to say to my HR meeting (at a mutual location 5 miles away form my home, as I cannot drive 30 miles to my place of work) although I do have GP appt tomorrow, maybe ask for a note to take with me? They already have a GP note for this current period up to and including the 30th November...If i return to work, or the GP says I am fit for work, at least I have 2 weeks, then Christmas break....I have eno idea when the spasms occur but if I am at work and am unable to drive afterwards, I may well be sleeping at work also!

[beaconsman]

Re: Non Fault Motorcycle accident

Sorry to have two threads, update: Independent medical experts report came back, we asked for it to be amended, its only been partially been amended. Mri scan took place on 16th Dec, results back.
Three issues found, seeing consultant on 7th feb (possibly to discuss surgery).
No interim payments have been made, the orthopaedic consultant who referred me for the MRI has disagreed with the independent medical expert appointed by my insurers and the fact that I have sustained medical issues hence why I find myself signed off again for a month and have been in essence since the accident in July) with only SSP form the 23rd Jan.
I was asked to resign by HR but told them no due to solicitors advice.
So I am still off work and doubt I can return due to 1. Driving (its a 30 mile one way commute, back hurts like hell! 2. its a physical role which I managed before, but now i would struggle with the day to day tasks. 3. the period of waiting for consultant is 3 weeks plus up to an 18 week wait for surgery if needed, then recovery time on top. 4. Capability of doing my old role is now compromised. I just could no manage it in a full capacity due to injuries (Hypertrophy ?, a prominent cyst and herniated discs impinging on nerve roots..(in two different locations)...(all found on MRI in DEC, some gp's thought i was lying, i now need a stick close by in case i suffer a spasm in my back chichis utterly painful and takes me to the floor at its severest (documented by NHS orthopaedic consultant).

£1400 interim payment is being urged by my solicitor but as it stands (to cover dec and jan 50% loss of earnings)
I have had nothing from esure (third parties insurer)..which I find pretty disgusting even the medical evidence and potential surgery i may now face.
Apparently, esure are one of the worst companies for dealing with personal injuries...my own motorcycle ins co have been brilliant, although I have major stress levels when dealing with the appointed solicitors (minster law).

[Peridot]

Re: Non Fault Motorcycle accident

Hi beaconsman,
It is such a slow process for you, which is so frustrating. I think I touched on this previously but I suspect the main issue is the fact that you have a previous issue. The medical evidence needs to demonstrate what symptoms you are experiencing now are as a direct result of the accident and what symptoms could be down to the previous injury. This is probably why the Defendant's insurers are stalling in the hope that any medical evidence supports a finding that the symptoms are part of the progression of your previous injuries and would have happened in any event.
Yes the Defendant has to take the victim as they find them so for example if someone had a broken arm and then had an accident, the fact remains that the arm was already broken so the claim would be for the exacerbation or increase in healing time for the break (fracture) to mend, as a result of the accident, not for the broken arm itself. Sorry the analogy may not be the best just trying to think of another way to explain it.
The MRI does show there are issues but it will be down to the experts to decide whether all the effects you are experiencing are as a result of this specific accident or may have another root cause (the previous injury) and then to decide whether the accident has possibly sped up the progression of a pre-existing issue.
Medical evidence can be a nightmare to agree and can delay matters significantly I'm afraid. The fact the Defendant paid out quickly in relation to the bike is a separate issue. There is no question that the damage to it was caused by the accident. The potential loss of earnings and possible future losses will be dependant on the medical evidence supporting your claim that these losses are purely down to the injuries you sustained, as a result of this accident.
Keep on at your solicitor to keep the pressure up for interim payments and look at when you would be entitled to claim any benefit payments. It would not be appropriate, at this stage to issue proceedings in the Court as the Defendant has admitted liability but may be an option in the future if things don't progress. At this stage I'm afraid it is down to medical evidence being agreed before the Defendant will commit to any significant interim payments.

[Kati]

Re: Non Fault Motorcycle accident

Sorry to have two threads

I can merge them if you want??

[beaconsman]

Re: Non Fault Motorcycle accident

Please Kati.

- - - Updated - - -

Thank You Peridot. I guess its a waiting game now until I see the consultant surgeon on 7th Feb. I'll get stuck in to my OU module in the time being to get distraction as nothing I can really do.

[Peridot]

Re: Non Fault Motorcycle accident

So frustrating for you. Not sure what else I can suggest. Do chase up the Veterans UK for help with the pension side of things and look into whether there is an support you can get benefits wise. Appreciate you won't be eligible for any benefits immediately but may be worth getting the ducks in a row so to speak.

[beaconsman]

Re: Non Fault Motorcycle accident

Had a call today from a senior manager. Was told to get better, if I have to have surgery then so be it, my job is open for me so not too worry, HR didn't have the authority to ask me to resign and said this is being looked in too. So thats good of an employer.

[beaconsman]

Attended appointment to see surgeon on wed 7th, in his opinion, surgery not needed. I return on 19th Feb, phased process but on 100% salary from Fri 16Th (woop)..third parties insurance being gits, so had to take them to MOJ for interim payment, too little to late really but hopefully will force them to pay me immediate losses and expenses (£300 fuel bill for appts etc) under general damages. Occ health seeing me monday 12th feb and going to try pilates on monday evening..hopefully its soon at an end (the personal injury claim)..

[Peridot]

Hi Beaconsman,
Glad to hear your up-date. Lets hope all starts moving in the right direction for you now.

[beaconsman]

Hi all, update: Seen both an Occupational Health Nurse and most recently (last week), an occupational Health GP. He has concluded that the nurses report is fine and he wholeheartedly agrees with it. I am unfit to return to my role due to the physical nature of the job plus also the randomness of my back going into spasm. My wife lost her dad a few weeks ago so we've been trying to hold on the rollercoaster of life. I see my family GP again on the 16th April. The occupational health GP has stated I am unfit for work and wishes to review me in 2 months time. Should I take a copy of the occupational health physicians report with me as I just cant even drive to work at the moment? (an hour each way in car). Let alone walk around the entire campus. One GP in particular seems I am 100% ok even though i have stressed with other GPs how difficult it will be to return. The evidence given by my MRI scan is more than enough as it has been seen by other GPs.

I have only had 1000 pounds (pound sign not working) as an interim payment despite the losses accrued which are approaching 5000 (special damages).

I still have monthly direct debits to pay and my solicitor now wants me to see another independent medical expert as the one in october 2017 is no out of date apparently. I have seen 3 GPs all independent of the practice, one for the MOD (war pensions) and i have been advised by the veterans UK to apply for PIP. I am waiting to be assessed as this has been deferred due t the passing of my father in law. As from 9th April, i am no longer entitled to full SSP and my employer has sent me a form SSP1? My back is still in agony and struggle to to do daily tasks. I also may need an automatic car plus also my motorcycle days may be over. I have tried to get anything from my solicitor but apart from 1000 pounds nothing from esure has been easy, even with liability admitted in full. Is there anything I can do as it looks like i now may possibly lose my job once my employer sees the occupational health physicians report. I bought a motorcycle in the summer of 2017 hoping to ride again but now may also have to hand this back as it is on HP ( i was earning even though off work due to the holidays). I can ride short distances but thats it. I want to owe nothing on HP as it will b easier should this case continue, I feel i am being punished even though i am the innocent party in all of this.

Any help and advice be appreciated. I feel at times being passed around through my solicitors (or case handlers) and with the pain and difficulties I have to endure, just feel the the 3rd party should be releasing regular interim payments, not just a one off.