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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7012
Experience:  Solicitor
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I was involved in a car accident in 2016 where a car pulled

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Hi
I was involved in a car accident in 2016 where a car pulled out right in front of me. I locked may arms when I braced and was pushed forward with such force that the steering wheel bent.Apart from whiplash which went away a while ago I have a annoying click to my elbow when its straightened some of the time. Sometimes my arm locks at the elbow and I have to bend it again to allow it to straighten.I have had an MRI from which the specialist could not find any reason for the clicking and therefore I am being pressured to look to settle my claim.Despite the expert's opinion I can catagoricaly state that prior to the accident my elbow had no such symptoms, at the time of the accident I reported that it had felt stiff and strange and I am unhappy at the thought that although the specialist is not stating there is no clicking or locking he has reported that all should be as it was.Is there a generic reason an elbow might display these symptoms despite the coincidence of the accident?Paul

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Have you had a second opinion on medical evidence?

Customer: replied 5 days ago.
No as the insurers have said that they are unwilling to fund this due to the first expert's report - they stated that the costs may not be recoverable

Does the medical expert say the current pain is not related to the accident?

Customer: replied 5 days ago.
There is no pain it's just a strange feeling when the elbow clicks or locks. That said it's quite disconcerting and I do feel it fair that I should look forward to this being a norm for the rest of my life when it was not prior to the accident.
The expert did not comment either way on these symptoms or their cause, he just reported on his observations from my assessment and the MRi scan of which he had a copy of.

So the expert can not say it is accident related?

Customer: replied 5 days ago.
He's not commented on it and I infer that his suggestion is that if it's not obvious to him in the MRi then the symptoms are not ones he needs to comment on. This despite me stating the same as I have to you and putting it in writing to him and the claims manager

You need to get your Solicitors to ask what is called a Part 35 question to the expert.

Ask the expert to comment on the elbow issue

If the expert says not accident related then it can not be claimed for. If the injury is accident related then you can get a further medical report.

But you need to know the answer to that question.

So ask your Solicitor to ask the expert.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 5 days ago.
Thanks for coming back and if you can hlep me clarify this statement taken from the specialist's report I would be grateful? All accident injured areas that remain symptomatic were not actively symptomatic
leading up to the incident.

It means the injury after was not hurting before the accident
Does that assist?

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