Adam Holwerda's Empty Headbox

Hi all

How long roughly should a personal injury claim take to complete?

Mine has been ongoing since October 2006, it is in regards to a neck injury from a car crash. I was seen by a doctor this October.

Alix x
I am aware that the other insurers have admitted they are at fault.

It can vary dependant on the severity of the injury, and the speed of the correspondance between your lawyers and your Drs, insurance company etc, amoungst other things. Medical records alone can take months to arrive, as a lot of them still have to be photocopied from the days pre-computer. They will also be sending off for Police records of the accident, and fighting with the other side’s insurers as well, who will naturally be dragging their heels. Your lawyers should be keeping you informed on a regular basis though. Give them a call if you are concerned about time scale but it doesn’t seem like it’s been that long to me.

I am trying to find out if there is some sort of public record of personal injury claims that have successfully been brought to court in the UK. This is out of professional interest, and I am currently doing some research into this matter.

There are but you will not get access due to the Data Protection Act.

In California, I’ve filed a personal injury auto accident claim and need to release my medical records to the insurance company. I’m only claiming physical injury, not psychological/emotional but the doctor who is treating me for pain with alternative treatments such as biofeedback is also my therapist. His notes from our appoinments contain co-mingled info and I don’t want to submit my personal mental health information. His physical pain treatments are important to my case and I’d like to know if there is a way around this?

Considering you’ve asked this question at least twice now, sounds like there is something you are trying to hide.

So what if you are mentally disturbed. If that is not related to the injuries you sustained in the accident, the insurance company is not going to care what those records state.

I had a collision with a car while I was on my bike and was injured. Police were at the scene and took statements. The car driver was at fault. I’m going to file a personal injury claim but don’t really know what happens.

Can someone who’s been through this kind of thing give me details of what goes on?
Will the driver have to be convicted of driving without due care and attention or can I claim without a conviction?

It would be helpful to hear from those in the UK. Thanks.

The issue of the drivers civil liability to you for your damages, and his criminal liability for not following the traffic laws are unrelated. (although his getting cited and/or fined helps your case)

The process, for you, is that you simply present him with a claim. Write him a letter setting out what you believe he owes you. At this point he has three options.

He can pay you himself, in which case it’s all over.
He can pass the claim on to his insurer. At that point they will contact you. They may pay you, in which case it’s all over. They may make a counter-offer, which you can either accept, or try to negotiate higher. Or they may deny your claim completely.
His third option is to just blow you off himself.

If he or his insurer deny your claim, then you sue him. Unless it’s for a lot of money you can do this in small claims court, where you don’t need a solicitor. Here… http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm is a CAB site explaining the small claims process.

Richard

I crashed my fiances car and I’m a named driver. Hit parked cars so noone else involved/to blame.

Can I claim off car insurance for personal injury and if so will it affect our insurance premiums a lot/is it worth doing.

P.S. Injuries were whiplash, back pain and mild concussion. Still suffering from back pain, constant headaches, loss of concentration and suddenly bad memory.

If you are at fault for the accident….and it sounds like you are since you hit parked cars….you can not make a claim against the liability coverage of the car you were driving.

The reason is: you can’t be liable to yourself. You can’t go into a court of law and sue yourself for causing injuries to you. That’s why….all the people who are hurting for money in the current economy….can’t go run their cars into trees so they will be paid for "pain and suffering".

Therefore, the only coverage that could help you with your medical bills would be Medical Payments coverage or Personal Injury Protection (depending on which one you have….if you have one or both of these coverages). These coverages pay for medical bills up to their limits. They do not pay "pain and suffering".

Your agent may be able to give you an idea how filing a PIP or Med Pay claim would affect your rates.

But odd are….you’re going to have a rate increase after your insurance company gets done paying for the cars you hit.

personal injury claims…

i had them for two years they were horrible, ripped me off. i had so many problems with that company!!!!!!!!! i have NJ CURE now and there great never any problems. I’m sorry you have them get rid of them as soon as possibly.