• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

In desperate need of some advice RE: MIB claim

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • In desperate need of some advice RE: MIB claim

    Hello folks, I am in need of a fresh opinion regarding an ongoing personal injury case I have against the Motor Insurers Bureau. I have a solicitor representing me in this matter however the claim has got to a point where I find myself questioning the solicitor and everything else. What I am after ideally is someone who can either give me advice or point me in the direction of someone who could give me advice with regards to whether or not what I am being told is correct and how, if at all, I might be able to start making noise (complaining, etc) in order to see a more successful resolution of my case. I will give a brief summary of relevant events in my case so far but I am happy to provide everything to anyone who might be able to help.

    The summary of events so far as is follows:

    February 2014 - Date of road traffic accident. I was on a motorcycle and sustained a broken shoulder (humeral head), broken elbow (olecranon) both to the right arm and a severe gash as well as soft tissue injury to the right knee. I was hospitalized for several days and had surgery to repair both broken bones. The driver who caused the accident left the scene. I was a head chef for a pub at the time of the accident

    March 2014 - Shortly after leaving hospital I instructed a solicitor from White Dalton after doing some research into the matter. The claim was then put into the MIB under the untraced drivers act.

    October 2014 - Liability was established for my case by the MIB. The driver who left the scene and was never traced was found 100% liable for the accident

    October 2014 - After months of intense physiotherapy I started full time work again for the first time since the accident. My long period of absence forced me to leave the job I had been doing at the time of the accident.

    January 2015 - I was seen by a medical expert (orthopaedic surgeon) in order to have a medical report drafted as evidence for the case

    January - April 2015 - I started to struggle with the physical demands of the job (another chef role). Pain in the shoulder was building and getting worse.

    May 2015 - I am forced to leave full time employment because my performance dropped off a cliff and I couldn't handle the pain. I re-visit the physiotherapist at this time who forwards my information to Addenbrookes Hospital to find out what is going on.

    August 2015 - The medical experts report finally comes in. It was full of errors and allowed for no possibility of future problems (arthritis, etc). It contained clean dates for when I would be 100% recovered (January 2016) as well as indicated I would not be at a disadvantage on the labour market despite stating I had significant reduction in joint movement. I complained about this report extensively writing a several page response to it. These concerns were forwarded back to the other side.

    September 2015 - I am finally seen by a consultant at Addebrookes Hospital who after looking over my x-rays informs me that I have developed avascular necrosis on the humeral head with a partial collapse of the humeral head. He also noted that several screws of the metal work in the elbow had loosened and shifted and that this would need attention. He advised I no longer peruse my career and gave me a good idea of what I could expect in the future (namely further deterioration of the shoulder joint until such time that I become eligible for a joint replacement procedure. As of this date I was 31 and the consultant advised they wouldn't consider this for me for a number of years).

    January 2016 - The medical expert finally responds to the concerns I made about his original medical report. He advises I be seen again and that I have my recent medical history reviewed.

    April 2016 - I am reviewed by the lead orthopaedic consultant at Addenbrookes and due to the deteriorating nature of the metal work I am listed for surgery to have the metal work removed. At the same time he suggests a capsular release to make my shoulder easier to move. His prognosis regarding the avascular necrosis is the same as the consultant who saw me in September 2015

    April 2016 - I am seen by the same medical expert in order to have another medical report drafted. The expert seemed impatient and rude. He changed a number of things in the original report following the complaints I made and upon examining me quickly seemed satisfied that my problem was a frozen shoulder despite me stating what was actually wrong. Upon hearing I had been listed for surgery he concludes that he can't make a prognosis and states he will be suggesting I be reviewed in a years time (April 2017).

    April 2016 - I write a long complaint to my solicitor regarding the rudeness and dismissive behaviour of the medical expert. This is ignored as was a second complaint sent in mid March.

    September 2016 - I have my surgery - there were minor complications which led to me being hospitalised for one night but recovery was quick.

    September 2016 - The medical expert finally submits his report. The medical expert has made no attempt to look at my medical history and indeed has only submitted that I be re-examined in April 2017.

    September 2016 - I write a formal response to my solicitor regarding the most recent medical report in which I make it clear that the medical expert has failed to do his job (namely has failed to review recent medical history) and as such has submitted an unacceptable medical report. I provide my solicitor evidence from my medical history showing my clear diagnosis of avascular necrosis made a year earlier. In this response I indicate that I want to see a medical expert who is going to do the job properly.

    Today - I received a letter from my solicitor notifying me that the MIB is unlikely to send me to a different medical expert and that if I wish to proceed with this I would have to pay for it. He states that he has forwarded my concerns back to the medical expert for a response and indicates that I won't be examined again until the date set by the medical expert - April 2017. Also the MIB have now offered to settle the medical side of the case for £17500.


    Apologies if that summary was a bit on the long side

    I am feeling at this point extremely burned out by this process. Since April 2014 I have been sleeping on a mattress in a good friends living room simply because splitting the rent of his one bedroom flat is all I have consistently been able to afford with the disruptions to work. My life has gone from having a great outlook with a well paying stable job to completely shit with 0 prospects which makes me wonder just what the point is.

    I feel like my case is being run by a bunch of people who simply have no desire to do their jobs. Of the concerns I raise to my solicitor only half ever seem to be addressed. The medical expert has consistently failed to do his job and the claims handlers at the MIB have done nothing but added delay after delay to this process. There must be something that I can pro-actively do in order to start addressing some of these issues to move my case forward.

    As I stated above I am very happy to share every aspect of this case with someone who has the knowledge to advise and help me. I feel I am being treated unfairly by people who have failed to do their jobs and are only interested in their short term gains at the cost of my long term future.
    Tags: None

  • #2
    Re: In desperate need of some advice RE: MIB claim

    Hi,
    I'm sorry to hear of your accident and your ongoing injuries. It can be incredibly frustrating when the experts don't appear to be 'on side.' It does seem strange that the expert was not furnished with the up-dated medical records to provide a further up-dating report.

    I can understand why he has indicated that you require a review next April but would urge you to chase the solicitors to ensure he has all the updating records before preparing the up-date report. If necessary I would speak to your treating consultant and even consider obtaining the records yourself although there would be a fee for this (about £50-£150, depending on the types of records - GP, hospital records and x-rays etc).

    I appreciate how frustrating this is for you but bearing in mind the injury and the continuing problems you are experiencing it is really important that the additional report is obtained to enable a sensible prognosis to be given. I would not agree to settling the injury part of the claim until your prognosis has been 'pinned down'.

    You are probably aware there are differing areas of compensation in these claims, one dealing with the injury itself, the other dealing with the losses flowing from the injury such as loss of earning, prescription charges, future losses etc. The damages awarded for injuries themselves - the general damages - are based on previous case law and can appear very low. The other damages - the special damages - are where the past and future losses are dealt with and will increase the final settlement figure. I anticipate you are unable to deal with the future losses fully until you have a final prognosis. It seems from the type of injury you have sustained that it is reasonable for there to be a delay in finalising your claim. If this had been dealt with very quickly you may have agreed a final settlement figure and then found that this was insufficient with the further issues that you have now developed. You wouldn't be able to go back to the MIB for further sums once you have agreed a final settlement if you later discovered other issues. Of little consolation when you are stuck in the middle but probably for the best in this situation.

    The MIB can make 'interim' payments prior to a final settlement particularly if you are requiring further surgery and physio etc. I would recommend discussing this with the solicitor you have appointed.
    I would also ask your solicitor what will happen as limitation is rapidly approaching (February 2017 - the three year deadline for bringing claims for personal injury from the date of the accident) and what they are proposing doing to protect your claim. Things can work slightly differently with MIB claims but best to have this on your radar and get a full explanation from your solicitor. The MIB website has some information and here is a link to the leaflet they produce. https://www.mib.org.uk/media/216242/...ue-6-10-15.pdf

    The claim needs to be quantified accurately for which you require the expert evidence (your solicitor can put questions to the expert regarding their report) The report needs to be on the basis of your full medical records as well as an examination. Unfortunately the experts do not have the best bedside manner and you can feel like you are on a conveyer belt but their report can be used in Court and they can be questioned on their view. Things such as not having the full set of medical records are understandably crucial. You also require supporting evidence for all losses to the point of settlement. Keep receipts, wage slips etc as they will all be needed in the future.

    Based on the information that you have given it may also be that your claim was initiated on the fast track portal. Hearing about the injury and depending on that outcome, this may no longer be correct so you need to speak with your solicitor. You need further advice on the offer given by the MIB for the injury and also what other damages you are able to claim, not just the injury. Limitation and interim payments also need to be discussed.

    It is of course your decision whether you approach another solicitor for their opinion. It may help explain the situation and the reason for delays but initially I would recommend speaking to your own solicitor to try and get some clarity before taking this step.

    I hope this is of some assistance to you. All the best.
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #3
      Re: In desperate need of some advice RE: MIB claim

      I want to thank you Peridot for taking the time to reply to me. I think since posting this and having spoken to my solicitor more I have come to accept the fact that it seems there is nothing I can do other then wait this out for the next step but you have helped me in so far as giving me some things I can address with my solicitor. I have yet to formally reject the offer for the medical part of the claim which I will do and will use that opportunity to formally address a number of issues with my solicitor.

      If I may I have a couple questions you might be able to help me with. The MIB have issued me with two interim payments. The first was last summer for £1000 (this came prior to any medical reports at all and my solicitor warned me they would likely only give £1000). The second came this past May in the amount of £5000. This was made (as far as I am aware) because I claimed I wouldn't be able to afford to get through my period of being in hospital and off work following my (then upcoming) surgery. I also complained that expenses were becoming too much for me to cope with on my income.

      The work that I am currently physically able to do nets me approximately £16000/year less then the job I was doing before. I am glad that I have managed in all of this to start a business which was instantly in profit and pays me roughly what I would make if I were on a minimum wage job (which about sums up my job prospects being unable to return to my previous career) but this amount of money leads to a lot of stress and an overly difficult life. My solicitor has stated to me that the MIB are unlikely to issue interim payments and I simply want to know whether this is true or not given where I currently find myself. Whilst I am not expecting them to make up the yearly deficit in interim payments I don't see why they can't at least provide me with enough to improve my life circumstances to the point I am no longer limited to sleeping on a mattress in my mates one bedroom flat. Money is the single hardest thing I have had to deal with throughout this and it seems very needless. Further to this if they don't issue any more interim payments is there someone that I can complain to other then my solicitor to try to force their hand?

      Again I very much appreciate you taking the time to respond. I am sure you are familiar with how frustrating things like this can be for people seemingly stuck in this position. I've spent my entire life working hard just so I can try to avoid being in a position like the one I currently find myself in. Even now the only thing I want is for this to end so I can move on with life. I'd like to retrain and get into a career I can physically handle and move on with life. These are things I have no resources to do currently and it is the most frustrating thing to be this stuck.

      I will speak to my solicitor about the limitation - you aren't the first to point this out to me so I will get on that. Interestingly I suggested to my solicitor last time I had an appointment to see the medical expert that I gather my own medical history to hand directly to the expert. The solicitor stated that this wouldn't be required so I didn't do it. I won't make that mistake again.

      Comment


      • #4
        Re: In desperate need of some advice RE: MIB claim

        Hi again,
        I'm glad I was able to put your mind at rest to some degree. I appreciate it is very frustrating.
        The purpose of damages is to try and put you in the position you would have been had the accident not happened. If due to your injury this is not possible then you should be able to claim 'the difference' to a certain degree. You will appreciate this is all very reliant on the medical evidence supporting your claim that you are unable to return to the same sort of work. You also need to be seen to be helping yourself as far as you are able.
        It is expected that an individual does try and help themselves, which can be difficult when you are feeling so low and the issues surrounding the injury remain uncertain.
        If you are serious about re-training in another career I would suggest exploring this option further. Try and obtain information relating to training and costs and the likely income you would receive after training is completed. If you have the information and costs associated with this, then it may be possible to persuade the MIB for a further interim payment to fund this. Maybe that would help you move forward. Needless to say any change in career would have to be feasible and not pie in the sky type dreams.
        If it is not possible to obtain work that would put you back in the financial position you would have been had you been able to carry on with your career then it would be necessary to have evidence supporting this assertion, not just medical evidence stating you can no longer work in your previous industry. It is really important that you seriously consider what other employment options you may have which will of course be dependant on your previous education and experience and work history and the likelihood of achieving your next goals.
        It is so difficult when you are surrounded by the issues caused by the accident to see the wood for the trees, but definitely worth taking the time to explore the genuine options you could consider work wise and also cost the options fully, including training costs and how long it would take you, once qualified, before you are in a similar position financially to your pre accident state. Once you have this information and your solicitor can guide you on the sort of evidence you will need to support your claim, the MIB may consider a further payment, funding training for example.
        Personal injury claims are very stressful and it is so difficult to see outside the box while the claim is continuing. Put in the leg work now and it is easier to argue the justification for your claim in the end. I wish you all the best.
        I am a qualified solicitor and am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
        Working...
        X