No Fault Shunt - What Next?

No Fault Shunt - What Next?

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BlueHave

Original Poster:

4,651 posts

109 months

Sunday 16th December 2018
quotequote all
After a decade and a bit of not having an accident it happened this week. Sitting stationary in traffic minding my own business when the next thing I feel an intense shunt from the right rear. I keep it calm after a few seconds pull the car over into a verge. He admitted he didn't see me and admitted liability we exchange details and take photos of both cars and after 5 minutes he's on his way and I take time to check over my car. He must have hit me between 20-30mph but apart from deep marks on the bumpers and the bumper slightly pushed out at the side it seemed structurally ok to drive.

I was not far from home at this point so decide the best course was to nurse the car home. The person who hit me said he wanted to deal with this outside of insurance which I'm not sure about as I've little or no experience in dealing with these matters. It seems to get a mixed response. I have had two quotes from a reliable bodyshop one is several hundred for a respray and the other is near a thousand which involves bumper replacement and paint.

I got out of the car but over the last few days my lower back has been killing me as my shoulder and hand as I was holding the wheel with one hand at the time. It has been preventing me from carrying on my days work the last few days and it's really getting a right pain in the ****

Any advice on how I should deal with this?

Edited by BlueHave on Sunday 16th December 02:02

BlueHave

Original Poster:

4,651 posts

109 months

Monday 7th January 2019
quotequote all
kestral said:
BlueHave said:
After a decade and a bit of not having an accident it happened this week. Sitting stationary in traffic minding my own business when the next thing I feel an intense shunt from the right rear. I keep it calm after a few seconds pull the car over into a verge. He admitted he didn't see me and admitted liability we exchange details and take photos of both cars and after 5 minutes he's on his way and I take time to check over my car. He must have hit me between 20-30mph but apart from deep marks on the bumpers and the bumper slightly pushed out at the side it seemed structurally ok to drive.

I was not far from home at this point so decide the best course was to nurse the car home. The person who hit me said he wanted to deal with this outside of insurance which I'm not sure about as I've little or no experience in dealing with these matters. It seems to get a mixed response. I have had two quotes from a reliable bodyshop one is several hundred for a respray and the other is near a thousand which involves bumper replacement and paint.

I got out of the car but over the last few days my lower back has been killing me as my shoulder and hand as I was holding the wheel with one hand at the time. It has been preventing me from carrying on my days work the last few days and it's really getting a right pain in the ****

Any advice on how I should deal with this?

Edited by BlueHave on Sunday 16th December 02:02
How is this a 'no fault shunt'?
I was sat in a queue of traffic not moving. How can I be held at fault?

EarlofDrift

Original Poster:

4,651 posts

109 months

Sunday 21st July 2019
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Thought i's give a bit of an update to this case.

Now 8 months on from the accident and I'm still not able to walk properly and at a decent what would be considered normal pace, can't lift anything, can't climb stairs without pulling myself up one step at a time. Climbing stairs is particularly difficult not to mention embarrassing in public which has led to me having to cancel several appointments and meetings in buildings without lifts or ramps. Daily life is a struggle and everything has to be organised and planned. Couldn't even sit in my car for two months let alone drive it.

Medically apart from walking terribly I have been diagnosed with chronic pain, and suspected nerve damage and that's as far as they are able to tell me so far. I'm currently on a spinal injury waiting list, at 16 weeks at least and continue to take fairly strong medication which is really starting to affect me as I have shakes in my hand from withdrawal of other tablets and because I'm putting so much weight on my left leg I get almost daily leg cramps.

In total I've had both 12 weeks of physio, 4 weeks of hydrotherapy, I've been on at least 4-5 combination of meds, I've been seen by 4-5 GP, 2 physios, 2 consultants both NHS and private and none of them know what the hell is going on with my back. I read my medical notes and picked up on a few points made by the radiographer. The GP said she wasn't able to tell me what it was as she was in her words "Just a GP" and the spinal injury unit would know better (in at least 16 weeks time)

So I made contact with a solicitor hoping the ball would roll a bit further down the road. I thought since liability had been admitted by the person that shunted into me he would try and get the insurance to pay for me to go private and absorb some of the costs. This hasn't worked as I've found out that although the person who caused the accident has admitted liability he told his insurance company the crash could not have caused my injury. Now this person doesn't know anything about my injury. All he knows is that I have made a personal injury claim against him.

So at the minute I've decided since my health insurance hasn't kicked in yet and I've a 4 month wait to get to the next stage of treatment I will pay to go private which will on top of everything else cost several thousand pounds.

The best way to describe it is that I'm in a medical no mans land through no fault of my own. Before the accident I was fit and healthy and in nearly 20 years visited the doctors 5 times. Played sport several times a week and my weight my fairly consistent, now in 8 months added another 3-4 stone to my frame, even simple daily tasks are a struggle.

Frankly disgusted that the person that caused my accident is denying he caused them even though liability has been proved and he has no idea the extent of my injuries, he seems only interested in the cost of his insurance premiums.

The main thing I suppose is that I'm still alive albeit in severe pain and struggling.





Edited by EarlofDrift on Sunday 21st July 22:00


Edited by EarlofDrift on Sunday 21st July 22:04

EarlofDrift

Original Poster:

4,651 posts

109 months

Sunday 21st July 2019
quotequote all
I've had 12 weeks of physio on the NHS, by the last few it was very obvious all the stretches and routines had been exhausted and were having little or no effect on my injury due to several GP suspecting nerve damage and relaying that information to my physio. Insurance have offered no physio whatsoever.

With regards to the solicitor I was sent to a private consultant on his behalf which cost him £400, I was in the consulting room for approximately 20 minutes about half of which was me sitting reciting a tale of woe and the other spent attempting to do some very basic and extremely painful stretches.

The solicitor sent away the consultants report backed up with my medical notes from variety of GP, Physios etc and they've simply sent back a letter saying the injuries aren't the result of their clients negligence. I have told the solicitor that I had no injuries or symptoms before the accident he said he will push it to court if need be but suspects the insurance company are just playing hard ball.

I was of the opinion the solicitor would fight my corner for the insurer to pay for medical bills however it seems they are trying to avoid paying out for anything. I can absorb the loss of money etc but being financially out of pocket to heal an injury caused by someone else is more than annoying.

I've been told that the medical bills for spinal injury can spiral very quickly, as initial assessments stay in the hundreds but multiple scans run into the thousands.

With regards to weight gain, I'm well aware than it's my fault but when your going from living a healthy and active life, walking about 15-20,000 steps a day to just about managing 5000. My mind would want to go and play football and golf but the body just isn't going to make it onto the pitch/course.

Edited by EarlofDrift on Sunday 21st July 22:52

EarlofDrift

Original Poster:

4,651 posts

109 months

Tuesday 23rd July 2019
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The at fault driver didn't want to go through insurance and was insistent we settle outside, since it was coming up to Christmas I agreed.

The car was repaired for £330 but got mates rate so saved about a grand over what I was quoted from bodyshop, Audi was around £2000 which would have written the car off. He sent me £330 within a week.

My policy didn't include legal cover so my insurer would have paid for repair and then instructed a solicitor to act on my behalf. Since I've gone back to them they said they are happy to assist my current solicitor.

Another conversation today they seemed positive about joining forces with my current solicitor to get things moving along a bit as having looked at the overwhelming medical evidence they couldn't believe the other insurer for the at fault driver sent such a dismissive letter.


EarlofDrift

Original Poster:

4,651 posts

109 months

Friday 11th October 2019
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So thought I'd give another update to this case ten months on which is getting far too long and winded for my liking.

I had a private MRI in June which picked up degenerative disc as a result of trauma. The private consultant couldn't believe what my NHS GP was diagnosing and also said the medication I'd been taking for 6-7 months would have had no effect whatsoever on my condition. After several hundred pounds and a few appointments I had surgery in July to burn off the nerve and then a epidural steroid injection which was supposed to help me walk properly and reduce the chronic pain.

So six weeks on from that and I'm still in severe constant pain and can't walk, climb stairs etc. It appears the procedure didn't work as intended so that's £3000 and I'm still in the same state.

So now I've been told the only k thing that will get me back to my old self is full blown surgery which on the NHS has quite a long waiting list and privately costs not far off £10k for one part and £8k for the second part I which pins and inserted into the vertebrae. I've not been able to go back to my job so am currently on UC which pays me not even £60 a week, there's not chance of going back to work until surgery is done and dusted as the medication I'm on is a lot stronger than I was previously prescribed.

Meanwhile despite the guy who slammed into me admitting full liability and having a pile of medical notes, scan results from about a dozen medical professional. My solicitor isn't doing as much as I would like him too. I'm several thousand pounds out of pocket and lost tens of thousands in potential earnings and he's dealing with a junior crash management admin from their insurance company.

Heres part of my MRI scan which even someone with no medical knowledge can see doesn't look quite right.






Edited by EarlofDrift on Friday 11th October 19:41