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Acting for your self for personal injury claim(8 Posts)
I was a passenger in a car head on collision with another vehicle. The driver of the other car was at fault (without doubt). I was taken to hospital after the accident with suspected broken collarbone, bruised kidney and soft tissue injuries. I was released after a few hours with advice to rest. I had a few days of work when I got some more movement I've tried to get back to normal. Three weeks on I'm still feeling the effects and its impacting on my home life (can't lift DD, can't exercise or do more strenuous housework).
I want to get some physio to get back to normal and want to claim from the other driver's insurance for the cost. I don't want to go through a solicitor as quite frankly I just want to move on with my life.
Will the insurance company deal with me directly once I've been to see a private physio and have an estimate for the price of sessions and how many I'll need?
Or is this something I need to go the small claims court and file against the driver? I'm not covered on my motoring legal expenses cover as the accident didn't happen when I was driving or in my own vehicle.
I really don't want to get involved with claims handling specialists etc..
It depends if you're happy for the insurance company to stiff you. If you are, then go ahead. From what you say, you haven't a clue what you need to do.
My advice is to get a solicitor to negotiate a settlement for you. If you can leave it with your solicitor you can get on with your life.
Hence my question on whether or not I file a claim in the small claims court or go to the insurer directly.
I don't want to go through a solicitor because I don't want to spend 6 months waiting to see an whiplash doctor to assess injuries then lose money to a solicitor who just wants a cut of the compensation. I want some money to pay for treatment now and get on with my life - I'm not looking for an amount over and above what physio will cost me.
I agree with Collaborate go and get a trained proffesional (aka solicitor) and leave it in their hands at most all you will have to do is answer a few phone calls and or letter and off you pop contining with you life
But if you dont know what your doing the insurance company for example could deley it so much and cause it to be so stressful for yourself you might as well have gotten a soiclitor in the first place.
(I have legal training and the number of shady tricks a insurence company tried agaisnt me when I was self reping a minor injury case it was insane so take it from please dont do it just go get a solicitor )
In order to asses your injuries to value your claim you will need a medical report from a Dr, they cost money up front so you would need to pay for that.
It is quite a complicated system, it's not likely to be a small claim and I wouldn't advise you to deal with it yourself!
If you're in a Union try them as you are likely to have legal assistance through them.
If your claim is successful it's most likely the other insurance company will have to pay your solicitors costs.
I would go to a personal injury solicitor for a consultation. The insurance company won't deal with you any quicker in person, in fact they could diddle you around for yonks. They won't care that you only want your physio costs.
If you really need the physio now (and I don't doubt you on that!) then you could perhaps open up a small line of credit somewhere and use that card to pay all your costs. You may need to purchase a piece of equipment to help with physio exercises, or even have a script for anti inflammatories - all these are costs, you must keep a clear record of them and perhaps using a separate card could help with this also.
IAm, you can go direct to an insurance co & are under no obligation to accept anything they say/offer if it's not what you are looking for. Most insurers will deal with claimants direct & have access to rehab facilities they can instruct for you to have an assessment to see if physio can help or not. You'll likely have no clue about how much your claim is worth so it would probably be in your interests to seek legal advice once you get to that stage (check with the driver of the car you were in if they have legal expense insurance that will fund that for you - you are also covered as a passenger if there is LE cover) - but if you are looking for help with treatment to aid your recovery, then you can contact the insurer direct & explain you were a passenger injured in the accident & your looking for help with your recovery & can they do anything for you to help etc.
Thanks for the advice - really helpful. I'll contact my Union next week to see if they have any arrangements with solicitors.
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