Hi all, i have posted before reagrding this,and i will also post in the motoring forum (not sure which is best)

Basically earlier this year i was invloved in a RTA - i wasnt at fault. Driver accpeted liablility etc and my car got repaired. Over the coming week I suffered quite severe pain in my neck and back, I needed physio and after speaking to my insurance co i decided to put in a claim for my injuries (i was unsure if i should do so at the time and posted here for unbiased views) in order to get the physio - which didnt happen and i had to wait on the NHS (reasons to follow)

Anyway, I attened a medical with a specialist who, after reviewing my medical records decided that 90% of injury was due to RTA the other 10 % is down to an existing condition.

The report went off to my insurers who passed it on to the 3rd party ins co. this was months ago. Anyway, today my ins co have sent me a letter to say the other ins co are saying that my 'injuries were not caused by the low impact incident'.

I have asked them what happens from here and i was told another dept is now dealing with it and they will be in touch 'soon' ie in the next few weeks, in reality this will prob be after xmas as they are so slow.

So, basically does anyone know what will happen from here? I did ask but was told to wait for someone to contact me. Hence me seeking advice from here once again.

Thanks in advance

Sounds like they are assessing whether other medical opinion should be obtained and chances of legal challenge.

Sometimes these matters can end up going to court, if the 3rd party Insurer, believe they can argue their case.

It is possible that the Insurer acting for you might say that they don't wish to continue pursuing this. At that point, you will have see what other way forward there is, as I can't see too many 'no win no fee' companies taking over at this stage.

Personal injury is not my knowledge area, but there a few others posters to this site, who might have a view on this. With my limited knowledge I know that if a 3rd party Insurers is saying that an existing injury may be the main factor, they have had a discussion with their medical experts that they use, which has questionned the opinion you have obtained.

Hi thanks for the speedy and informative reply.

I was told that they have a dept that deals specifically with 'complex cases where the 3rd party ins co are disputing the injuries'

Have your lawyer explain to you what a Low Velocity Impact defence is. In essence the Defendant will say that whilst they admit the accident was their fault, the impact could not cause any damage to your body. However, they have to follow a strict guideline set out by the Courts in order to be able to plead such a defence and get permission to obtain their own medical evidence.

If they have correctly pleaded an LVI then they should be given leave to instruct a medical expert and one likely not to be too sympathetic to injuries sustained in a in a low speed crash. What your lawyer will need to do is see if they have gone down the right lines in accordance with the Court in pleading LVI and if not, object to them obtaining medical evidence. If they are getting their own medical evidence then your lawyer will need to get engineering evidence regarding the forces involved, areas of damage etc.