Piff Poff

Hi all,

Is it necessary to get a lawyer on side to help deal with my accident claim? The other party is at fault, to the point the police haven't taken a statement from me. I have the usual expected whiplash injuries and am seeing a Physio, so far I'm losing a weeks wages/tips and am anxious about driving. Don't really want more hassle but thought I'd best ask as I don't want to lose out on compensation if I haven't put the right things in place if you know what I mean. Just want to get back to life.

Thanks

BristolUK

Can't help but didn't Zoe Bell have some issue like this after a bicycle accident?

bats

The insurance company should help you out on this

Zoe Bell

not I ,

Can`t ride. Don`t ride

Piff Poff

OK thanks peoples. Wasn't sure if this was a 'thing' or not, just want to make sure I am going to be treated fairly, am now being asked to provide and receipts for repairs and maintenance carried out, which OH being a mechanic, that's a no. Shit.

BristolUK

You're right (of course ) it was 4Bells

spouse of scouse

Hi Piff Poff, very sorry to hear about the accident and the after effects.

Yes, you need a lawyer. It never entered my head to contact one after the accident I was involved in, I thought I could manage it all myself as I had good private health cover and tons of sick leave available from my work. I was loathe to get a lawyer involved.

It was the neurosurgeon my GP sent me to when my sore neck wasn't improving who suggested that I really did need to get some legal help in my corner. I had two disc herniations and needed a spinal fusion. My accident was a 'rear ender' too, at 80 miles per hour with 100% fault attributed to the other driver. My vehicle sustained $12,000 of damage, his was a write off.

The other driver's insurance was through the State government in Western Australia, and like all insurance companies they aren't going to pay for anything without a fight. That's why you need your own representation.

After three very long years, the loss of my career that I'd worked so hard for and two lots of surgery, the other driver's insurers finally had to pay up. But they fought it all the way to a pre-trial conference.

Wishing you the best of luck.

dbd33

My concern with engaging a lawyer is that it's either going to cost a bundle in out of pocket costs over a long period or you're going to lose a third or a half of any settlement and control of the action. Can you afford a couple of thousand dollars a month for a couple of years? The insurance company can.

spouse of scouse

I don't know how the system works in Canada, it may be completely different to that in Australia. Losing 1/3 to 1/2 of any settlement sounds atrocious, particularly in a case where the bulk of the settlement is awarded for loss of future earnings.

After doing some research I didn't go with one of the 'no win/no fee' lawyers that are so prevalent in Australia, that usually ends up costing way more in fees as a percentage of any settlement. I got a 'regular' lawyer and was billed for work as and when they did it, but wasn't required to pay them until the case was settled. As a percentage of the settlement my legal fees ended up at 5%, and the other side's insurer was ordered to pay 2% of that.

Piff Poff, do some research and ask around before deciding on your lawyer, it sounds a bit more 'dog eat dog' in Canada!

Aviator

Paying a lawyer 33% of a settlement seems horrendous, but then it depends on whether one could achieve the same settlement alone or not.

A friend had an accident some years ago, the insurer made 'final offer'. The final settlement the lawyer got them was 20 times the insurers final offer. The 33% with no out of pocket expenses and the lawyer fronting the tens of thousands for experts was a good deal. Another friend did it himself and told me next time he would use a lawyer.

Personally, I will always use a lawyer for a PI claim, or at least get advice at the outset. For small claims, a lot of lawyers won't take the case.

I found insurers are your best friend, until they are not! Insurance companies I have found are there to help one entity, themselves. Many of us are not experienced at accident claims, lawyers do it all the time and know the rules and whether the insurer is just BSing.

An initial consultation is often free. Choosing one by recommendation is often the best way.

Almost Canadian

Most PI lawyers in Alberta are unlikely to want to assist you if your injuries place you into the "capped" category. This site will provide you with some information regarding those: https://www.litwiniuk.com/claim-cap/

If you fall outside of the capped claims, you may wish to use a lawyer but you will need to pay them privately, or accept that you will lose some of your compensation to them. The amount of costs recoverable from the other side in Alberta are nothing like you will expect in the UK.

Piff Poff

Thank you all for your input. AC I will closely look at the link you gave me. I think what's concerning me most is my anxiety over driving and how much that will affect me, it might go in a few days or it might escalate and I might end up selling my bikes, not sure yet as it's early days so just wanted an idea on my options iykwim.

Almost Canadian

It's been a number of years since I have had anything to do with PI claims but, from memory, I believe insurers have all agreed that, to limit damages, all will provide their own policy holders with access to physio, etc (IIRC it is schedule something benefits) so there should be no cost to you.

It sounds like you may require some form of CBT. Speak to your doctor and take his/her advice. The other party's insurers will obtain access to your medical records and the number of visits to your doctor will be a factor in how much you will receive for general damages.

I apologise for my lack of knowledge but I wasn't involved in PI claims for very long when I first came here and I haven't touched them at all for the last 8 years.

spouse of scouse

You don't have to convince me about the low tactics of insurance companies and the need for your own legal representation, I can assure you! That's what I advised Piff Poff at the outset. I (and my solicitors and barrister) spent over 3 years battling with the insurer of the other driver in my accident - a driver whom the police charged as 100% at fault and whose insurer also admitted 100% fault.

The stories I could tell about 'insurance company whores' - or to give them their official designation - a panel of medical experts used by insurance companies. I won't give the countless examples of the way these doctors/specialists treated me, it'd bore people to death, but I will give one small example.

As well as the upper spinal fusion, I needed a lower lumber discectomy for what my neurosurgeon described as the largest disc herniation he'd ever seen. It had knocked out a nerve root, and as a result I've lost all sensation in my right thigh.

The written report from the acknowledged top neurosurgeon in the State wasn't good enough for the other party's insurer. They sent me to their own neurosurgeon and a more abrasive, intimidating and cruel medical person I've yet to meet.

When he was doing the physical exam, he did the pin prick test all over my right thigh. I couldn't feel a thing, and it was obvious that I couldn't feel a thing. So he started on my left thigh - pricking it over and over and over again while saying loudly, almost maniacally, 'Bet you can feel that though, can't you, can't you, hmm, can't you?!' Yes, I felt it. I had tears running down my face, and blood running down my thigh. If there's a hell, people like that have a confirmed reservation.

As I said, I can only comment on legal fees from an Australian perspective which is obviously a very different system to that of Canada.

Piff Poff

Thank you for your input. I have been approved for 21 physio sessions - the max before you have to start splitting with benefits and insurance, so hopefully I'll be fixed before I have to use all 21. So far I'm losing a weeks wages. I'm hoping to be given the all clear for work next week but it's looking unlikely at the moment.