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Personal injury claim dragged out

  • 15-05-2012 3:01pm
    #1
    ThinkI
    Closed Accounts Posts: 1 ✭


    I was involved in a car accident nearly 2 years ago : A man drove into the back of crashing into my car and then drove off.
    I was pretty shook up over it , and suffered minor neck and back pains.
    I reported it to the gards , and then went and got a solicitor has I wanted to take legal action.

    After 2 visits to the doctor, many visits to the solicitor and many months waiting I received a call the other week to say a meeting was arranged in the Law Library with solicitor, the other parties insurance company , a barrister and myself. The letter stated the meeting was to make a settlement for the case.

    I arrived on the day arranged, met with solicitor and barrister, waited for all most a half an hr, and the represented from the insurance company never arrived. Apparently he was out sick.
    Another meeting was the arranged for the following week. I agreed to attend again. Waited around for another half an hr and the rep from insurance company doesn't show again. This time he says he wasn't informed of any meeting.
    At this point, the barrister, myself and solicitor are externally annoyed and fed up.

    While I mentioned to the barrister at the first meeting that I was still suffering with slight neck pain, but didn't get the physo I was advised at the time of visiting the doctor cause I couldn't afford it financially. he now suggests that I go back to the my doctor to explain this and have another medical report done.
    My doctor advised that I have an MRI scan done on my neck costing €200 and wont have a report ready for another couple of weeks.

    Needless to say I'm extremely pissed off, have waited nearly 2 years and just want to get it sorted.
    Have taken 2 days off from work to attend these meetings, a morning off to attend the doctor and will possibly need another day off for MRI scan. My job isn't to impressed with the time im taken off at such short notice.
    I'm Getting extremely inpatient and just want it all sorted and get the compensation I deserved.
    To make matters worse my solicitor doesn't communicate very well, and hasn't from the start, so he is giving me no indication on what do do next. Keeps saying he will call back but doesn't.

    Anyone any advice on this or ever been in a similar situation ?
    What is likely to be the outcome ? Should I get the MRI scan done, or am I wasting more time and money ?

    Thanks in advance


Comments

  • #2
    BrianD
    Closed Accounts Posts: 7,221 ✭✭✭BrianD


    Perhaps a new solicitor?

    Seems odd that the other side would be a no show on both occasions. Did you have sight of the letter? USually the other side would turn up with their legal crew as well. So if somebody from the insurer was sick they should be slotting in somebody else.

    Would the MRI be of benefit at this point in time? You won't be able to settle for a few weeks. Your solicitor needs to tell you honestly what the lay of the land is and what the advantages of having an MRI in your file would be.


  • #3
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Two years when you are still symptomatic is not a long time. In fact your barrister is giving you good advice to get further up todate reports to better asses the situation.

    It seems to me the insurance company are playing hard ball, seeing how desperate you are.

    Settlement talks always lead to something if not cash then it gives you and your team the information you require to fight your case.

    This matter could be resolved in weeks or years that's the joy of taking a matter legal. But really 2 years post incident is not a very long time if you are still in pain.


  • #4
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    BrianD wrote: »
    Perhaps a new solicitor?

    Seems odd that the other side would be a no show on both occasions. Did you have sight of the letter? USually the other side would turn up with their legal crew as well. So if somebody from the insurer was sick they should be slotting in somebody else.

    Would the MRI be of benefit at this point in time? You won't be able to settle for a few weeks. Your solicitor needs to tell you honestly what the lay of the land is and what the advantages of having an MRI in your file would be.

    The MRI is required as the OP has stated he is still in pain 2 years post incident, the solicitor and barrister would not be doing their job correctly not to seek updated reports 2 years after accident if client is still in pain, in fact to do anything else when informed by client of his pain would open the legal team to claim.

    I assume that the legal team from the insurance company did show up just not the money man, it can and does happen, so if that is the case it is the insurance guy who is jerking everyone's chain.


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