Dealing with Supermarket insurers / solictors

[anonymous-user]

Hi,

After a little advice, I cracked a tooth while eating a sausage roll that had an unexpected foreign object in. I contacted the supermarket after this happened. They have sent the e-mail below asking for access to dental records and wanting NI number to get the DWP involved.

I really don't want them poking around in my dental records but will provide necessary info if they request specifics but I not sure about the DWP Compensation Recovery bit, particularly as the NHS wasn't involved i.e. private dentist, no time off work, etc.

Can anyone comment on the validity of their requests, is it necessary, any pitfalls, etc. The dental treatment was just over £100 so it seems a bit OTT for what is a small sum for a supermarket to reimburse. I have already sent them photographs of the foreign object, product packing, purchase receipt and treatment receipt.

Thanks.

Dear Mr Xxxxxxx

Our Ref: XXX/XXX/XXXXX/XXXX
XXXXX XXXXXXX - V - WM MORRISON SUPERMARKETS PLC

We acknowledge receipt of your letter of 08 November 2017 addressed to Wm Morrison Supermarkets PLC .

We are instructed to act on behalf of Wm Morrison Supermarkets PLC in connection with this matter. We deal with all personal injury claims for Wm Morrison Supermarkets PLC and any future correspondence should be sent to us quoting the above reference.

We will now look into your claim.

The Pre-Action Protocol for Personal Injury Claims allows us a maximum period of 3 months to complete our enquiries and respond to your claim. This 3 month period expires on 8 February 2018. We do however hope to come back to you at an earlier date.

To assist with our investigations please provide us with the sample and packing retained in order that they can be sent for independent testing.

Please also let us have an up to date position on your treatment to date.

We enclose a Form of Authority for access to Dental records which kindly complete return.

We also need details of any financial losses incurred as a result of the alleged accident along with documentary evidence in support of the same.

We are obliged to register this matter with the Compensation Recovery Unit, a department within the Department for Work and Pensions. To this end please provide us with your full name, date of birth, National Insurance Number and the name and address of any hospital you attended.

We look forward to receiving the information requested and will revert to you further in due course.

Our postal address is:

Gordons LLP
Forward House
8 Duke Street
Bradford
BD1 3QX

We act for Wm Morrison Supermarkets PLC and are not in a position to provide you with legal advice. If you are in any doubt regarding the contents of our correspondence, you may wish to seek independent legal advice.

Yours faithfully

Gordons LLP

[James TiT]

Unexpected foreign object in the eating area.

[TooMany2cvs]

Reading that, I suspect that "they are obliged" to register it with the Compensation Recovery Unit so that the NHS gets repaid for the work. It really doesn't seem excessive to ask for proof that you really did incur the problems and losses that you're asking for compo for, and it appears to be a form letter for all situations.

[Countdown]

I guess the "access to dental records" is to stop unscrupulous people from reclaiming the costs of their "normal" dental treatment under the disguise of compensation.

I.e They will be able to see whether your treatment was pre-arranged or whether it was emergency.

[Nezquick]

TooMany2cvs said:

Reading that, I suspect that "they are obliged" to register it with the Compensation Recovery Unit so that the NHS gets repaid for the work. It really doesn't seem excessive to ask for proof that you really did incur the problems and losses that you're asking for compo for, and it appears to be a form letter for all situations.

Exactly this - every claim for injury needs to be reported to the CRU (Compensation Recovery Unit) by the compensator (the insurer in this case). It's so the CRU can recover any NHS charges and/or recoverable benefits once the claim has been paid.

I think you should allow access to your dental records - this will certainly speed things up in terms of proving causation. It's a very normal request.

[elanfan]

Probably a piece of bone that didn't get pulped by the suppliers machinery.

I'd write back stating the NHS wasn't involved so no need for those details, say you'll sign the form but details will be restricted to this incident only, say you're happy to send them the sample as long as they agree to return it to you on demand.

I'd further state that you aren't currently looking to claim pain and suffering, travel costs etc etc but if they want to cost their client more money than necessary then you'll go down that route. Suggest that all you want back is what it's cost you and that it cannot be worth the toing and froing for £100. Hopefully they'll see sense - if not game on!

Edited by elanfan on Friday 17th November 15:55