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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I was involved in a RTC in Dec 2012 and appointed a company

Customer Question

I was involved in a RTC in Dec 2012 and appointed a company to deal with my claim, I am not happy with the service they are providing or the information they give me. I asked in Dec 2013 for them to settle the claim with the third party insurer ( the other driver admitted responsibility) has admitted liability) I have on going injuries and an expert has now asked for an MRI scan, I asked if I could go ahead and settle the claim as due to loss of earnings I am suffering financial hardship however, they say that if I do not have the scan I do not have a claim, I dont understand this as two medical experts have written reports about my injuries, part of my claim is loss of earning and expenses so I don't understand why I can accept responsibility for any future treatment I may need and go ahead and settle the claim. I also have no idea where else to go for advise.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

The issue is this:

Alex Watts :

If there are ongoing injuries and you need a MRI scan then any settlement must reflect this.

Alex Watts :

If you settle early then sadly you may not get a correct compensation sum, you may be entitled to more

Alex Watts :

If you are suffering from loss of earnings as a result then your general damages claim (compensation for the injury) is separate from the special damages (other compensation, such as loss of earnings etc).

Alex Watts :

The insurers need to be satisfied as to the prognosis of any claim that you may have.

Alex Watts :

If not then you may get a lower award to which you are entitled to.

Alex Watts :

If the medical experts recommended MRI scans for further investigation then no insurance company is going to be able to settle the claim without sight of the MRI

Alex Watts :

The MRI may show up nothing at all - or it may show a more serious injury

Alex Watts :

Even if the other side have admitted liability quantum (the financials) still needs to be dealt with.

Alex Watts :

But 12 months onwards is quite normal.

Alex Watts :

Usually these things go on for around 2 years before they are settled.

Alex Watts :

If you have ongoing injuries then in reality it would be very hard to settle - because you simply dont know what the prognosis for recovery is.

Alex Watts :

That prognosis dictates what award you should receive.

Alex Watts :

I realise this may not necessarily be the answer you want and certainly not the one I want to give you, but I have a duty to be honest

JACUSTOMER-6awljeju- :

Hi Alex, Thank you, I am just a bit lost with the whole process. Everytime I think we have got to the point where it can be settled they come up with something else. My case was complicated because while my injuries were being assessed I was diagnosed with breast cancer and have undergone extensive treatment for that along side the RTC injuries.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

Yes indeed and the insurers both yours and the other side will need to make sure that any injury for which you will get payment for is linked to the index accident.

Alex Watts :

That is probably why without the MRI or further investigation you have no claim. Because they all need to be satisfied it is because of the index accident and not the breast cancer

JACUSTOMER-6awljeju- :

Ok, Thank you, I just wanted some clarity on the situation. I will go ahead and have the scan. The injuries from the RTC are on the left and the Cancer was on the right.

JACUSTOMER-6awljeju- :

My main issue is my financial position which is becoming precarious to say the least but I guess I will just have to follow the process to conclusion. Thank you

Alex Watts : Yes I can underatand. If you settle now then you won't get the proper amount due.
Alex Watts : Does that help?
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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