I need advice following car accident

[ScrewedOverDriver]

I was in a car accident mid Dec. It was 100% the other drivers fault. They were arrested and held at the police station for not having a license, and being under the influence of drugs. They had already lost their license for a similar offence. At the time he was at work, working for a company, delivering for them.

I was injured and taken to hospital. I had injuries to my neck arm and hand. I was off work for 3 weeks, and went back to light duties, and I can still not perform my job properly to this day as my hand will take 9 months to heal.

I was told a few weeks ago that the persons insurance co. have said they are not liable. Then it was passed over to his company. I think the damage to the car is being covered by either his side, or mine. I have very good coverage on my insurance.

I was taken to hospital and there was a report from A&E, a sick note from my GP signing me off not only due to my injuries but also as a result of massive anxiety and stress at being in this accident and the emergency services attending etc., plus I went to a hand specialist and had an MRI via BUPA.

Today I received a letter from the law company representing me via my insurance co. and the letter is just awful. It says the drivers insurance co. are not willing to pay out on any personal injury to me, they will be transferring it over to another company (very dodgy name) to recoup it from the driver (sounds very strong arming to me) and that I have to go and have a medical with a company (again, very dodgy name) to assess my injuries. It then takes 2 paragraphs to tell me that this appointment can be intimidating to people, it is not like a normal GP visit and it can be very daunting etc.

I mean WTF have I just opened? I use a very reputable insurance co. and pay for 3 cars, I was in an accident that was 100% not my fault. I was injured and now I am getting letters saying I have to go to some back street place (it actually says it will be away from a medical setting) to be assessed by someone "daunting".

I am so upset.

This is the first time I have ever been in an accident and had to do this so I am totally green over this.

Do I just go along with it? Why isn't an A&E, GP, Hand Specialist and MRI results enough?

I am thinking that perhaps I need to appoint my own solicitor to sort this out. I just don't know.

Can anyone advise me please

As the driver was driving whilst banned, their insurance is invalid. Their insurer will therefore not pay out for your injuries. Your insurer therefore needs to take action against the driver. That isn't strong arming anyone. That is absolutely normal.

As the driver was at work at the time the employer may well be vicariously liable. This assumes he was an employee.

I had an accident in December the insurance just told me anything that comes in from solicitor or other insurance companies is to be sent to them, they have an online portal that I can upload the letters to. So contact your own insurance for advice. Sounds very dodgy given the other driver is clearly in the wrong.

The other driver's insurance is, indeed, not liable so won't pay out. Get in touch with your own insurance as soon as possible and ask for their advice.

It means he was uninsured, as the policy won't cover his circumstances, not a denial of his responsibility. Do you have uninsured driver cover on your policy? Speak to your insurer and ask them what this means for your claim.

Their insurer will therefore not pay out for your injuries. Your insurer therefore needs to take action against the driver. That isn't strong arming anyone. That is absolutely normal.

The drivers insurance said they weren’t paying, and that the co. Insurance should pay as he was working. Now the company’s insurance say they’re not paying for my personal injuries. My solicitor (insurance co.s choice) has sent me a letter saying I have to sign the personal injury claim over to another insurance co. Who will take steps to get the money off the driver. Also, that this 3rd company want me to attend a medical by one of their representatives. It sounds like when you sell a debt on.

This is the big I’m querying. His insurance said no, his company’s insurance said no, now theirs a 3rd one involved that sounds like a dodgy outfit.

My solicitor says I need to sign this doc to pass it over to this 3rd co. Otherwise they’ll have to instigate legal proceedings against the other driver.

Try not to worry OP.

...I'm in another EU country but the process is likely to be similar.

I was a pedestrian physically injured by a driver that ran into me and knocked me flying and I had to claim from their insurance. Police were involved and the driver was prosecuted for careless driving.

It's entirely normal for the insurance company acting for the defendant to obtain their own independent medical evidence rather than use the information provided by your own GP/consultants etc. After all, your GP and Consultants are working in your best interests so they're not strictly speaking, impartial.

I had to attend several medical related appointments including one to assess my mental wellbeing. Usually these people work in the Private health sector and at least two of my appointments were in plush offices rather than a standard medical setting.

It wasn't intimidating as they simply had a list of questions to work through and tests to apply so that they could provide a Report to the insurance company.

Do you have someone in your insurance company you can liaise with who can advise you further?

The MIB (Motor Insurer’s Bureau) was set up to cover victims of accidents where the driver at fault is uninsured. If a case is passed to them they try to find an “insurer of last resort” to pick up the claim (the closest to the last valid insurance they can find) or if there isn’t one (if those insurers have a legitimate reason to repudiate the claim), they will appoint an insurer to deal with the personal injury claim and the money comes from a fund that is paid into by all motor insurers (there is a universal levy). That is part of the law and is there to make sure victims are not left without redress.
So, ultimately, someone will have to pay.
Perhaps in the meantime they are seeking to ensure that your claim is 100% gennuine as obviously insurers hate paying for claims where there is no insurance in place.
If I were you I would ask your legal representative exactly who will now be expected to handle for and pay the claim, and whether it is going to fall under the auspices of the MIB. (You can Google for more info on how it works).

What makes you think they are dodgy?

Neither his insurance or the companies insurance will pay out as he was uninsured due to not having a licence. There are ways of you still receiving compensation as another poster explained better than I can. Send a copy of the letter to your insurance/legal firm etc whoever is dealing with this for you and just do what they advise. I'm not sure how you know a company is dodgy just from their name. I had to go for medical after a car accident it was a company with a weird name and they worked out of a hired by the hour room in a business centre but all completely legit.

Sounds like they've outsourced to an accident management company to handle the PI claim. I'm sure they're all FCA regulated now so the really dodgy ones will have folded

OK, thanks. I feel better now having read your responses.
I just feel f*cking furious that someone high on drugs nearly killed me,. and nothing is happening to them. I am the one doing all the leg work to get compensation and they have got off scot free with apparently a years ban on his already banned license.

IMHO anyone who employs someone to drive without checking and rechecking that they hold a licence deserves the sort of treatment that would have a medieval torturer reaching for the sick bucket.

Why are the employers not being prosecuted?

If you have legal cover with your policy then I'd suggest that you pass everything on to them and be guided solely by what they advise you to do.

Im not really understanding why you are not speaking to / listening to your solicitor. No one on mumsnet can advise without all the detail.

You have a solicitor, pass all the papers onto them and let them deal with it.

Assume the driver is being prosecuted?

Just realised it’s an old thread brought back by someone advertising their accident company!

ZOMBIE

It's not that old! If the op is still reading this, how did the claim go?