Personal Injury Compensation - how much?

Me again!

I've heard back from the insurance company in question that they will not consent to a PIAB assessment (basically for one of the injuries my doctor is saying its permanent and a doctor I saw from their side said the knee injury could not be caused by the car accident). To be honest I don't even know what report is right - all I know is that I have damaged my knee somewhere but it doesn't need operating on....but it's painful!

Anyhoo - it looks like I'll need a solicitor at this stage...can anyone recommend a good PI solicitor around Meath - I called one in Navan yesterday and she was hilarious...she actually made me laugh out loud with her air of self importance and her speaking down to me even though she had never met me and hadn't even asked why I was calling!

I just need someone who can negotiate a settlement - it is unlikely to go to court as the MRI scans prove most of the injuries and have already been reviewed by the top surgeons at this stage so their reports are alla available.

Thanks for any advice you have!

Z
 

Why was she speaking down at you for? this doesn't sound to professional. What exactly did she say if you hadn't told her why you have phoned at this stage?
 
zippitydooda said:
Me again!

I just need someone who can negotiate a settlement - it is unlikely to go to court as the MRI scans prove most of the injuries and have already been reviewed by the top surgeons at this stage so their reports are alla available.


Z
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I wouldn't be so confident as to likelihood of settlement. You have already said that the insurance company has refused for PIAB to assess the case. This would sugguest that the insurance company intend fighting the case.
 
To Zippitydooda

You mentioned that your accident occured 2 years ago. You should choose a Solicitor urgently and get your Solicitor to file you claim with PIAB immediately !

The reason is that you only have 2 years from the date of your injury to file your PIAB claim, or else your claim will be staute barred (i.e. you will not be entilted to any compensation).

Even if the insurance company are trying to negotiate, if the 2 years runs out, your claim still becomes stature barred, and the insurance company will simply refuse to pay. I know of cases where this happened. Of course, this is very unfair. However, the linsurance company is not obliged to inform you about your rights and/or to remind you to file your claim with PIAB on time. The legal onus is on you to file your claim with PIAB before the 2 years runs out.

Here is some detailed info which may be of interest:

Best of luck!
The Statute of Limitations and PIAB

Section 7 of the 2004 Act, reduces the time period under the Statute of Limitations for a person to issue court proceedings in a personal injury case from three to two years from, ' the relevant date'. The relevant date is the date of accrual of the cause of action, or the date of knowledge of the person concerned as to the cause of action, whichever occurred later.
Both the submitting of a claim to PIAB and the issuing of an authorisation from PIAB have a significant effect upon the Statute of Limitations.
The date on which a Claimant makes an application to PIAB, is the date the clock stops running under the Statute of Limitations. It is important to note for any claimant whose time for issuing proceedings is close to expiring under the Statute of Limitations that the 'official date', of making of an application under Section 11 of the PIAB Act, is the date on which the fully completed Form A is acknowledged in writing, ' as having been received by PIAB'. Therefore it must be taken into account that the date on which time stops running under the Statute of Limitations is taken out of the control of the Claimant.
Under Section 50 of the PIAB Act, time starts running under the Statute of Limitations after the expiration of six months from the date of issue of an authorisation from PIAB. PIAB can seek an extension of time in which to deal with claims beyond the period of nine months, for a further six months and therefore, the effect of Section 50 of the Act is to prolong the limitation period by a further six months in those circumstances.
PIAB does not bar claims on the basis that the limitation period has expired but the Respondent only has to refuse to consent to an assessment in such a case and defend the action in court on the basis that it is statute barred.
 
What you have to consider hard is what life was like pre accident and your plans for the future, accidents happen, thats why we pay for insurance, I think you should ask for whatever wages you would be getting pre accident for the rest of your working life. I know a man in a similar position caused a dangerous overtaking driver, he had pins in his leg, got infected, had to have them removed, physio, all the pain, he is holding out for his mortgage to be paid.
 
Go onto the piab website and take a look at the book of quantum. This will give you an idea of the payout PIAB make.
 
ney001 said:
Go onto the piab website and take a look at the book of quantum. This will give you an idea of the payout PIAB make.
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The book of quantum will not take into account future loss of earnings. An actuary might be needed to calculate this depending on the injuries involved
 
I'm not a solicitor, but I did have a claim with an insurance company, a woman rear ended me and they paid for my car straight away but the injuries part takes a long time.

You need a report from your doctor approx €300. He must be satisfied that the injuries are from the accident etc.

Your solicitor contacts the insurance company and tells them he is preparing a PIAB application, and usually they will want to (if they know they are at fault) offer you a reasonable settlement in relation to the injuries caused and say they will object to a PIAB assessment and make you go through the courts which could be a bluff or could be true and if you lose you will be a lot worse out.

My own advice is if you can live with the injuries, take what they have offered now unless your solicitor is fairly confident you will win in court but he won't guarantee it.
 
Hi,
I would definately engage a solicitor. I have been involved in a claim for an accident at work in early 2005 and approached the PIAB - the insurance company for the defendant waited till last minute to reject any liability. (I look back now and am so grateful that they did at the time as I ended up having to have major surgery due to it) but I engaged a solicitor an have been going through all the motions.. We are ready to set a date for tria
 
(Oops) We are ready to set a date for trial now (High Court) and just yesterday I received notice that they have called for a settlement meeting.
I really have no idea how much my case is worth - but it is interesting that they have chosen (after much humiliation caused from their doctors and denial of any liability) to call a settlement meeting now.
My medical bills that I have already paid out exceed 10k and I still owe the hospital money and am receiving ongoing treatment.
Wexself - just be patient - I know that you cant see the light now - I have been in the same finiancial trouble as you and stand to lose a property too - but just try and negotiate with your lenders - nobody can survive on Injury benefit - it barely paid my bills and that was before even considering rent/mortgage. I think as long as you can pay them some of what is owed and have a standing agreement with them that you will pay as much as you can and your solicitor can vouch for you and your case, you should be OK.. Though the credit history goes down the toilet
I really hope all works out for you and i will keep you updated.
Anyone needing a good PI Solicitor in Dublin can PM me as mine is great!
 
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