Hi all!

I had a fall down some steps last year due to the fault of the store and injured myself. I also developed a fear of falling down steps and have started to use the services of a solicitor (not a cowboy abulance chasing team).

I have had a physical and all pyschiatric examination and the psychiatric one recommends various 'sessions' with a counselor to ease me through my ongoing woes.

Now... the thing that I find very strange is that my solicitor says he can apply for an payment from the defendants for these sessions. When explained that I dont want to have any sessions he told me that "you dont have to". He went on to explain that the defendant will give the monies in case I chose to have the sessions in the next 12 months or so BUT i dont have to actually have the sessions if I dont want to and I could buy a new home cinema system instead. He said the defendants insurance company wont need proof of what the money was spent on and that it is all legal and there is nothing to worry about.

Has anyone had experience with something like this as it all sounds a bit far fetched to me. Telling the defendants insurance company that I need money for mental health sessions when all along I have no intenion of going anywhere but could use the money to treat myself instead.

Any replies whatsoever would be greatly appreciated.

Cheers folks!

Paul

Hi Paul and welcome to the Consumer action group !!

I am sorry to hear of your accident. I would not falsify ANY claim for services you do not use or need. By all means tell them that you may require counseling in the near future and you will be claiming for those later, if required. To submit false information as part of your claim, you run the risk of losing ALL of it.

I am surprised that a 'respected' solicitor even suggested it.

Lex

Thanks for the warm welcome Lex and great advice.

I agree with you.

I would be amazed if the defendants insurance company would pay out for something like this without wanting to see the proof.

The way it was touted to me was that once the case is closed I cannot come back and ask for 'sessions' as the final compo had been made... but if I say (whilst the case is still active) that I may need 'sessions' in the near future and would like the money for those now then that is all above board and correct.

This payemtn for the sessions must in some way be deducted from the final amount I would get otherwise every man and his dog who was told further help would benefit them would beasking for this medical help money even if they had no intention for using it actually on medical help.

Its all a minefield in my opinion and I prefer to stick to the truth.

I'm glad you see it that way Paul

When it comes to a 'Full and Final' settlement, you could add the condition that if you require further treatment, you will need these to be paid for.

Lex

Thanks Mr Lex!