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Knocked down by reversing car

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Comments

  • Site Banned Posts: 20,685 ✭✭✭✭Weepsie


    It kind of sounds like you're out to get as much as you can, rather than cover your losses if I may say so. It's becoming an ever increasing problem, the growing litigious culture.

    They will make an offer most likely, you having kept your receipts and priced any physio for the forseeable future, loss of earnings, may refuse and inform them of these. They will likely come back with another offer, or tell you to take it or leave it. This comes from experiences I know of.

    I'd say insurance companies deal with it more frequently than the solicitors.


  • Registered Users, Registered Users 2 Posts: 8,229 ✭✭✭realdanbreen


    It's often the case that after a bump like this the immediate reaction all round is 'are you OK', 'Yeah I'm fine'. Then when the two parties get home and have a bit of time to think things over everything changes.


  • Banned (with Prison Access) Posts: 1,311 ✭✭✭Chemical Byrne


    RainyDay wrote: »
    Was it a solicitor who told you this?

    Why would insurers play this game, when they know they can go to Court and pay the agreed BoQ, leaving the claimant to pay the legal fees out of their settlement?

    No. A family friend who was in an accident was told this by her solicitor. I believe the reason for this game of brinksmanship is that it is often cheaper for an insurer to reach a settlement rather than challenge the claim in court because to do so would cost them more even if they were to win.


  • Registered Users, Registered Users 2 Posts: 1,654 ✭✭✭thebiglad


    RainyDay wrote: »
    Was it a solicitor who told you this?

    Why would insurers play this game, when they know they can go to Court and pay the agreed BoQ, leaving the claimant to pay the legal fees out of their settlement?

    Not to mention the 10-20% of the settlement a Solicitor will take from the settlement.

    If you do visit any Solicitors be sure you are very clear whether you will received 100% of the payment from the insurer - you may be surprised by the response.

    You do not need a Solicitor as PIAB will look at your claim and make a ruling on it - PIAB are supposed to be independent but lean in favour of claimants.

    As mentioned earlier, it is all the relatively minor soft tissue injuries which are driving up insurance costs for everyone - then compound that with Lawyers having everyone convinced that you cannot operate without them and obtaining fees from insurers which often exceed 40% of the settlement amount (plus their cut from the damages).


  • Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    No. A family friend who was in an accident was told this by her solicitor. I believe the reason for this game of brinksmanship is that it is often cheaper for an insurer to reach a settlement rather than challenge the claim in court because to do so would cost them more even if they were to win.

    But it won't cost them more if they win. They'll just pay the BoQ figure, and you'll pay your own legal costs. If they are in a bad mood, you'll pay their legal costs too.


  • Banned (with Prison Access) Posts: 1,311 ✭✭✭Chemical Byrne


    I think what they're getting at is that the insurer will have their own internal costs associated with people being assigned to the claim and their own solicitors time etc etc.


  • Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    I think what they're getting at is that the insurer will have their own internal costs associated with people being assigned to the claim and their own solicitors time etc etc.

    Yes, they will. And they will claim those costs from the losing side of the case.


  • Registered Users, Registered Users 2 Posts: 2,874 ✭✭✭Zyzz


    Very lucky that you had that hi-vis on otherwise she wouldn't have see....oh


  • Registered Users, Registered Users 2 Posts: 1,049 ✭✭✭groovyg


    I've been to the doctor and I'm told that it is a soft tissue injury. I was given a prescription for Difene. It is pretty much freeing out now the last few days although still a bit stiff especially in the mornings or after lying on the couch.
    I think I'll keep picking up the difene prescription anyway even though I probably won't use it.

    Perhaps I should ask the doctor to write a medical assessment report?
    I've already met the gaurd for passage and she took a statement so it's on record and I gave the

    So the doc has given you a prescription for Difene but you are not going to use it? why? Difene is an anti inflammatory it's a stronger version of ibprufoen and will take down any bruising and pain.

    Now you are thinking of taking a case against the motorist :confused:


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  • Registered Users, Registered Users 2 Posts: 370 ✭✭Stepping Stone


    I witnessed an incident similar to this a few years ago. I was in my car, waiting to leave a parallel space when I saw a cyclists being hit by a car reversing from a space.

    The cyclists claimed and the insurers faught it. it was ruled to be an accident and no compensation was given because while you are obliged to yield to other vehicles when reversing, you are equally supposed to drive/ cycle with due care and attention and cycling behind a reversing car with centimeters between you and it isn't very careful or attentive. Both parties were wrong so the cyclist got nothing.

    Not that he needed anything anyway. Grazing and bruising doesn't tend to make much of an impression on people used to dealing with catastrophic injuries. No medium, never mind long term damage.


  • Closed Accounts Posts: 6,925 ✭✭✭RainyDay


    I witnessed an incident similar to this a few years ago. I was in my car, waiting to leave a parallel space when I saw a cyclists being hit by a car reversing from a space.

    The cyclists claimed and the insurers faught it. it was ruled to be an accident and no compensation was given because while you are obliged to yield to other vehicles when reversing, you are equally supposed to drive/ cycle with due care and attention and cycling behind a reversing car with centimeters between you and it isn't very careful or attentive. Both parties were wrong so the cyclist got nothing.

    Not that he needed anything anyway. Grazing and bruising doesn't tend to make much of an impression on people used to dealing with catastrophic injuries. No medium, never mind long term damage.

    Do insurers usually inform witnesses about the status of a claim and the reasons for payment or non-payment?


  • Registered Users, Registered Users 2 Posts: 370 ✭✭Stepping Stone


    RainyDay wrote: »
    Do insurers usually inform witnesses about the status of a claim and the reasons for payment or non-payment?

    Not normally but if you go through the district court and it is ruled an accident and you end up in the high court with the insurance company fighting the claim, you do find out what the outcome is simply because you end up watching the whole thing. I am still waiting for my call to the supreme court (not joking, this guy just doesn't stop).


  • Closed Accounts Posts: 24,878 ✭✭✭✭arybvtcw0eolkf


    Not normally but if you go through the district court and it is ruled an accident and you end up in the high court with the insurance company fighting the claim, you do find out what the outcome is simply because you end up watching the whole thing. I am still waiting for my call to the supreme court (not joking, this guy just doesn't stop).

    The insurance fought a claim like that through the high court?.. Mmmm, right.


  • Closed Accounts Posts: 23 _taytothief


    Pity it was only a Passat eh?


  • Closed Accounts Posts: 640 ✭✭✭Tony Beetroot


    Pity it was only a Passat eh?

    had it a bxe engine?


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  • Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    I witnessed an incident similar to this a few years ago. I was in my car, waiting to leave a parallel space when I saw a cyclists being hit by a car reversing from a space.

    The cyclists claimed and the insurers faught it. it was ruled to be an accident and no compensation was given because while you are obliged to yield to other vehicles when reversing, you are equally supposed to drive/ cycle with due care and attention and cycling behind a reversing car with centimeters between you and it isn't very careful or attentive. Both parties were wrong so the cyclist got nothing.

    Not that he needed anything anyway. Grazing and bruising doesn't tend to make much of an impression on people used to dealing with catastrophic injuries. No medium, never mind long term damage.

    4Kj59.jpg


  • Registered Users, Registered Users 2 Posts: 370 ✭✭Stepping Stone


    The insurance fought a claim like that through the high court?.. Mmmm, right.

    Yes, they did. Aggressively too. The initial case was relating to the cause of the accident. The high court case was relating to the compensation that was being claimed.

    The injured individual suffered minophysical injuries but claimed to have PTSD. They were rendered incapable of normal activities because of this and couldn't work, etc. I sat through a psychologist, doctors, former employers. The reason that this got as far as the high court, I assume is because of the sum being saught. It was argued that this person was essentially disabled and should be compensated as such.

    There wasn't a strong enough case for compensation. Initial medical costs had been covered by the insurers. It is pretty common for these cases to go to the high court. I was called by both sides and spoke to both sides about the nature of their work. Insurance is a big business apparently.


  • Moderators, Sports Moderators Posts: 25,184 Mod ✭✭✭✭CramCycle



    There wasn't a strong enough case for compensation. Initial medical costs had been covered by the insurers. It is pretty common for these cases to go to the high court. I was called by both sides and spoke to both sides about the nature of their work. Insurance is a big business apparently.

    I would say the only reason it went that far is the sum, it is quite rare that a case would go that far on the basis that the payout would be far less than the legal costs for either side, even if the insurance company is in the right, if the claim is minor , they often will not fight as there is a risk they will have to cover legal fees etc. which on their own maybe more than the claim.

    I have no doubt some do but, to say it is common I think is misleading.

    The majority are settled by the insurer to mitigate risk to them, out of those that go further, a large volume would be settled on the steps of the court, which is good considering how busy it seems to be whenever I have went in, very entertaining stuff though, worth a bag of popcorn for a good show but you hear alot of cases coming in and both sides saying they have reached an agreement and the judge letting them go away.


  • Banned (with Prison Access) Posts: 1,311 ✭✭✭Chemical Byrne


    The reason that case went so far and was fought so hard is because the claimant completely lost the run of themselves and took the absolute piss with their claim. Soft tissue injury, stiffness and physios are one thing and completely plausible. PSTD from being knocked over is just taking the mick!


  • Registered Users Posts: 1,553 ✭✭✭bryangiggsy


    The reason that case went so far and was fought so hard is because the claimant completely lost the run of themselves and took the absolute piss with their claim. Soft tissue injury, stiffness and physios are one thing and completely plausible. PSTD from being knocked over is just taking the mick!

    Pot and kettle comes to mind


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  • Moderators, Sports Moderators Posts: 25,184 Mod ✭✭✭✭CramCycle


    Pot and kettle comes to mind

    MOD VOICE: You have said you have nothing further to add, so please don't, any issues please discuss with me via PM


  • Registered Users, Registered Users 2 Posts: 433 ✭✭PCX


    Any personal injury claim for more than €60k would have to be heard in the high court.


  • Registered Users, Registered Users 2 Posts: 8,229 ✭✭✭realdanbreen


    So OP, one week on from your mishap how are you feeling?


  • Banned (with Prison Access) Posts: 1,311 ✭✭✭Chemical Byrne


    I can straighten my arm but it is still a little stiff just before full extension.
    I'm booked in to go to doc in morning to request referral to a physiotherapist.


  • Registered Users, Registered Users 2 Posts: 4,497 ✭✭✭BoardsMember


    I can straighten my arm but it is still a little stiff just before full extension.
    I'm booked in to go to doc in morning to request referral to a physiotherapist.

    Why do you need to be referred to a physio? Can't you just call one up and save yourself the cost/time off work/hassle of another doctor's visit?


  • Registered Users, Registered Users 2 Posts: 2,124 ✭✭✭Unknown Soldier


    Why do you need to be referred to a physio? Can't you just call one up and save yourself the cost/time off work/hassle of another doctor's visit?

    It's not wise to go to a physio right after an accident.

    Due to aggravating any injuries.

    Best to give it a week or more.


  • Registered Users, Registered Users 2 Posts: 4,497 ✭✭✭BoardsMember


    It's not wise to go to a physio right after an accident.

    Due to aggravating any injuries.

    Best to give it a week or more.

    I'll defer to your knowledge but would have thought it very much depends on the injury, and if the physio is not capable of making that call I'd be choosing a different physio.


  • Registered Users, Registered Users 2 Posts: 2,124 ✭✭✭Unknown Soldier


    I'll defer to your knowledge but would have thought it very much depends on the injury, and if the physio is not capable of making that call I'd be choosing a different physio.

    Go to a physio.

    They can't help you.

    Pay 50 quid.

    Versus

    They end up doing "something"

    That was my experience.


  • Registered Users, Registered Users 2 Posts: 8,229 ✭✭✭realdanbreen


    I can straighten my arm but it is still a little stiff just before full extension.
    I'm booked in to go to doc in morning to request referral to a physiotherapist.

    Best to do that then and don't be distracting yourself with solicitors and insurance companies.


  • Registered Users Posts: 101 ✭✭Daithi101


    I can straighten my arm but it is still a little stiff just before full extension.
    I'm booked in to go to doc in morning to request referral to a physiotherapist.

    Have you started taking the Difene that you were prescribed, that would have certainly helped in reducing any interior swelling of the muscle and lead to you being able to get full mobility back in your arm.

    And as per the other commentors there is no need to get a referal to a physio from a doctor, any physio will see you. That is unless you dont have a good phsio already.


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  • Registered Users, Registered Users 2 Posts: 1,049 ✭✭✭groovyg


    Why do you need to go to a doctor to get a referral for a physio?
    Thats just adding to the costs.


  • Registered Users, Registered Users 2 Posts: 4,497 ✭✭✭BoardsMember


    Do you mind me asking if you have had to take much time off work for this? Does that cost you or are you paid regardless of whether you are in work for your normal hours or not.


  • Registered Users, Registered Users 2 Posts: 8,229 ✭✭✭realdanbreen


    I was going past a row of cars parked perpendicular to the cycle path in passafe west last evening. A woman in a Passat reversed out without seeing me and I struck the car a glancing blow along the back of the boot and ended up on the ground using my right arm to break the fall. I was going probably 15-20kph and was wearing my hi vis and helmet luckily.

    I photographed her reg but it seemed all ok at the time so I picked myself up and carried on. She was very apologetic and was shaken up. There is no obvious damage to the bike.

    I landed on my arm and now this morning the inside of my elbow and down the inside of my forearm is killing me with stiffness. I can't straighten my arm without it causing pain.

    I'm thinking of getting a doctor to assess it. Should I report it to the gaurds?
    I'm in a bit of pain and its affecting me so think I will look into speaking to a solicitor.
    I've never done anything like this before so I'm a bit clueless. What should I be doing here?


    Have you recovered or are we going to have a day out in court?


  • Registered Users, Registered Users 2 Posts: 673 ✭✭✭blobbie


    groovyg wrote: »
    Why do you need to go to a doctor to get a referral for a physio?
    Thats just adding to the costs.

    If you are looking to claim the cost of the physio back against tax on a MED1 you need a doctor referral or else you won't be getting back the 20%.


  • Registered Users, Registered Users 2 Posts: 1,049 ✭✭✭groovyg


    blobbie wrote: »
    If you are looking to claim the cost of the physio back against tax on a MED1 you need a doctor referral or else you won't be getting back the 20%.

    Is that not if you want to access to a physio through the public system?

    I have spent a fair amount of money on physios for various different injuries over the years and never once got a referral from a doc. I've claimed tax back with out a problem. Going to the doctor to get a referral would just add to the cost.


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,249 CMod ✭✭✭✭magicbastarder


    your employer would need a GP note for a MED1 form to claim back employer's PRSI, afaik - my wife had to go to the dentist for an impacted wisdom tooth recently, and then to her GP to get the GP to sign off on her absence from work - the dentist's cert can't be accepted for that.


  • Registered Users, Registered Users 2 Posts: 673 ✭✭✭blobbie


    groovyg wrote: »
    Is that not if you want to access to a physio through the public system?

    I have spent a fair amount of money on physios for various different injuries over the years and never once got a referral from a doc. I've claimed tax back with out a problem. Going to the doctor to get a referral would just add to the cost.

    Maybe you have been lucky but last year I had some (3) physio claims rejected based on http://www.revenue.ie/en/tax/it/leaflets/it6.html and

    What are qualifying health expenses?
    Qualifying health expenses includes the following: -
    ....
    physiotherapy or similar treatment prescribed by a practitioner
    .....


    Revenue asked me to provide referral letter which I didn't have as it was a recurrence of an old back problem from years ago. A bit of a catch22 situation as between time off to see doctor (I work for myself) and cost of doctor visit I would have been out of pocket by more than I would have received back.

    In prior years for other physio visit claims I didn't need to provide any referral letter - maybe it was some sort of spot check / strict application of rules that let to my claim being rejected.


  • Moderators, Sports Moderators Posts: 25,184 Mod ✭✭✭✭CramCycle


    groovyg wrote: »
    I have spent a fair amount of money on physios for various different injuries over the years and never once got a referral from a doc. I've claimed tax back with out a problem. Going to the doctor to get a referral would just add to the cost.
    blobbie wrote: »
    In prior years for other physio visit claims I didn't need to provide any referral letter - maybe it was some sort of spot check / strict application of rules that let to my claim being rejected.

    Its a spot check thing, I got flagged last year, got all my expenses but for you blobbie it would appear to be luck of the draw on whoever reviewed your case. Once I sent in my receipts they never asked anything more about it.


  • Banned (with Prison Access) Posts: 2,912 ✭✭✭galwaycyclist


    MOD VOICE: Fair post but the quoted poster has no option to reply so it's been deleted


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  • Registered Users, Registered Users 2 Posts: 1,049 ✭✭✭groovyg


    MOD VOICE: Same as previous post

    I don't think he's allowed post in this thread


  • Registered Users Posts: 603 ✭✭✭Flabangav


    Iwannahurl wrote: »
    Just out of interest OP, why do you feel you were "lucky" to be wearing hi-vis when you were hit by that motorist reversing onto a cycle lane in a car park?

    He said he was wearing his hi vis, and helmet. Surely the 'luckily' was about the helmet?


  • Registered Users, Registered Users 2 Posts: 2,724 ✭✭✭oleras


    groovyg wrote: »
    I don't think he's allowed post in this thread

    filepicker%2F8ZDhYfTT3ubodfG7QsUc_snitches_get_stitches.jpg


  • Registered Users Posts: 603 ✭✭✭kennM


    A lot of armchair experts popping up on this one unfortunately.... I'll try and offer a little advice based upon my own experience.

    1) Liability - Didn't witness, can't comment.... solicitor is best positioned to advise here.
    2) Should you claim? - Entirely a personal choice.... I can't stress this enough... there needs to be liability on the other party otherwise there is no claim. IMO if you have suffered at somebody else hands then yes is my opinion but I'm basing it on experience... here is my story: http://www.boards.ie/vbulletin/showthread.php?p=93328566
    3) Your health is priority #1 FULL STOP! - Get yourself sorted back to 100% or a known prognosis. You have 2 years from the date of the accident to lodge your claim with the personal injuries board.

    If you are intending or even thinking of progressing with a claim you need to inform the Gardai of the accident & will likely need to get in touch with the driver and their insurance company. Solicitor can best advise here also.

    Note: Your solicitor fees are not recoverable as part of the personal injuries board process. Feel free to ping any questions... I'm not a legal expert, just been through the bumpy long process... hope this helps.


  • Banned (with Prison Access) Posts: 3,355 ✭✭✭gallag


    How is this thread different to the one closed where a guy was hit by a bike? Seems very one sided? I.e
    "got hit by a cyclist" -we will be having none of that!
    "Got hit by a car" - 8 pages of discussion.


  • Moderators, Sports Moderators Posts: 25,184 Mod ✭✭✭✭CramCycle


    gallag wrote: »
    How is this thread different to the one closed where a guy was hit by a bike? Seems very one sided? I.e
    "got hit by a cyclist" -we will be having none of that!
    "Got hit by a car" - 8 pages of discussion.

    MOD VOICE: One is asking for advice on what to do, the other, while nothing wrong with the original post, and you will find, most of the posters on this forum will think that the cyclist in the thread you are referring to is a d*ck. The thread, unfortunately will invite a type of poster we refer to as Seagull posters who fly in, sh1t on everything and leave, there have been enough of those threads over the years, and no need for any new ones. After Hours take care of these threads really well and they are welcome to them. I'd sooner spend my time doing more than banning and carding posters who can't read the rules and stick to them so it is easier just to close such threads, if you wish to discuss it further please drop me a PM


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