ROAD TRAFFIC ACCIDENT - INSURANCE CLAIM HELP REQUIRED
Posted: 01 July 2008 11:55 PM  
Expatriator
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Total Posts:  682
Joined  2007-11-01

Dear Forum Members,
My post is a tad lengthy ? but I think it is best to outline the case in the best possible way ? hoping I will get even a nugget of information to help me move forward.
 
In November 2007 we were run off the road by an oncoming vehicle.  In the emergency stop I suffered severe whiplash and have been unable to work since.  I have been for dozens of medical examinations and finally it has been established that one of my cervical discs was forced out of place and my right arm pushed upwards ? both of which are causing pressure on the nervous system and I am incapacitated 3 or 4 days every week. The only course of treatment seems to be some physio which will relive some of the pain, but I am likely to have ongoing problems for the rest of my life.
 
The car belonged to my partner ? who ? after 7 months of fighting with the insurance cos involved ? we hope ? may finally have got the money for the car repairs (plus a small amount of ?inconvenience?).  I have been offered a lowly sum of ?750, which does not even touch the medical bills I have had to pay out so far. (Naturally I have refused this offer). 

As the passenger ? my partners car insurance covers me for legal defence costs ? (to a limit of ?3,000?)? but nothing else. I have had to borrow money to pay for all these medical investigations ? which the lawyer ordered me to get to ?support my case?.  I am now shocked to hear (from an ?off the record source?) that as my lawyer has advised we submit all these reports to the court ?Forense? (Medical Examiner) ? whose job it is to review all the reports and make a decision on the amount the court will enforce, this may not be the best course of action to get me the award I need..  I have been told the court forenses are either a) overworked or b) the courts are no longer in favour of the victim ? and I will be lucky if I am awarded even the basic costs ? I,e my medical bills.
The insurers of the other party have fought not to pay all the way ? (even though the police report says in black and white the other party was at fault.  NB ? The car was Spanish plated by driven by a Brit.. who rolled the car over, climbed out, left it in the middle of the road ? then got into another car ? a friends? And fled the scene.  Sadly neither driver has ever been found despite having all details of both cars).  But at least the other parties car WAS insured and no matter how much they don?t want to pay ? it will hopefully be a decision in our favour if it comes to court.

I am worried by this news that even though I have got this far ? the courts may no longer be in the favour of the victim and the pay out will be minimal (and may not even cover my medical bills to date ? let alone the other debts I have incurred).

Our lawyer DOES say there is a possibility ? if I wish ? I.E If I were WILLING TO PAY ALL COSTS ? to hire a private Forense ? which might make the case stronger.  But there are doubts as to the outcome. (The private forense is expensive, along with having to pay the lawyer)?

Any advice, own experiences, contacts and the like would be MOST WELCOME!
& Thank you for reading this.

Susan

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