Hi

I have a claim with a legal cover insurance for a car accident that happen in 2015. This is covered under my house insurance, so it is no no win no fee claim.

They have sent me to a doctor. He created a report that was wrong since the beginning. I have object to it but the insurance insist it would not make a difference to my claim.

Then the doctor send me for MRI scan for my shoulder that I had issues with since the accident. He came back to say " in his opinion after looking at the MRI scan, the issue with his shoulder, joint to hand, is degenerative and is been brought forwards by the accident by 3 years".

I gone with my girlfriend to see him after few months of the accident, I said to him, I lost consciousness at the accident, I have issues with my neck, back, (they are getting better but still cause issues), shoulders, leg was broken and badly injured the muscles, tissue and bad scars.

To understand the accident, I was slowed down to 40mph, gone out of the road to avoid them but they still hit me with 60mph. The front right side of the car was damaged, wheel broke off, the door gone into my leg, broke the bone and damage my muscles, nerves. I was holding the steering straight so the car not tip over because I knew the wheel would brake and had my foot on the brakes. So I got all the impact force on my shoulders and leg.

He said in the report, I gone with my wife, I have not lost consciousness, he said "I said" that back, shoulder and neck have gone after 3 months of the accident, my leg is been fixed (broken bone), he does not mentioned anything about the rest of the damage on my leg, he does not mentioned to the report that I never had any issues with my shoulder join before the accident, he only show his opinion. I had the accident on 07/06/15 and gone for the MRI scan on 22/07/16. After his second report, after the MRI scan, I questioned the degenerative comments as the MRI was more than a year after the accident and never had any issues with my joints before, he replied: The client had the accident in 07/05/15 and the MRI scan was done on 22/07/16, well within a year time".

I asked the insurance to scrap this report as the doctor they have sent me is not capable of creating a legal report, he does even know how many months are within a year, but they refuse, even after I said I pay for the second report from a reliable doctor who can actually create a legal accurate report.

They tell me that changing all these errors would not make any difference to my claim and I can only claim 10K-11K.

After I seen an independent solicitor he advised me to not release the report if I am not happy. I told that to the insurance claim, I asked them that by asking me to release an inaccurate report is their legal advice but they refuse to reply to this question. They keep telling me we can go back to the doctor to correct his report, but I already asked for the report to be corrected twice and once the insurance company refuse to pass the correction to the doctor as they said it would not affect my claim, and the second time I asked the question about the MRI and and the degenerative comments he did not correct nothing, he just came back with the 13 months is well within a year comment.

I just stuck now, if you go from no win no fee solicitors, the take 20%-40% of your claim, probably to do the same job as the idiots that my home insurance sent me.

Anyone else had similar issues that can provide with any comments?

Thanks

Well yes the report is the only expert evidence of your injuries, so if you are not happy with the content do not permit it to be disclosed.

Changing the content in these minor aspects may not affect the amount of your claim, however if the content of the report is incorrect it could at the very least, lead to further delays in sorting this claim.

Has the other side admitted liability for the accident? If not, the matter could well end up in Court, and you really don't want to be in a situation where the Judge is looking at a medical report that isn't accurate.

Perhaps i have read this wrongly.

A Doctor based on MRI and other information they had, has issued a report. You don't agree with it, but you don't say whether you have had another Doctor check the report or perform another scan. If you have not had another qualified opinion, i am not sure you can say it is incorrect.

The other side admitted liability, their client is been taken to court and she pleaded guilty.

You say minor issues but the doctor is not capable of creating a legal report if he thinks 13 months are well within the year. Because he got a paper to say he can it does not mean he can do mistakes that are vital for the case. If I lost consciousness in the accident is important, but the main point you say YES and he puts NO. How this report is professional and legal document? That is my main issue not because he called my girlfriend wife..... He done so many errors that his professional status as a doctor and someone who has to write a report to be used in court is questionable.

I asked my insurance company and even offered to pay for it, but they refusing to accept it even if I get it....

All my medical records dont show any injuries to my shoulder joint, I have visited an osteopath that he passed the information to the doctor for injury on the muscles at the lower part of the shoulder blade. But this doctor asked for the shoulder joint not where the injury was. The issue is that you need an expert to create a report and this doctor just created a report on what he thought not on the answers I gave him. Would you trust a report from a doctor who thinks 13 months is well within a year? Ok anybody can do mistakes, but this doctor has keep doing mistakes one after the other...

I asked my insurance company and even offered to pay for it, but they refusing to accept it even if I get it....

All my medical records dont show any injuries to my shoulder joint, I have visited an osteopath that he passed the information to the doctor for injury on the muscles at the lower part of the shoulder blade. But this doctor asked for the shoulder joint not where the injury was. The issue is that you need an expert to create a report and this doctor just created a report on what he thought not on the answers I gave him. Would you trust a report from a doctor who thinks 13 months is well within a year? Ok anybody can do mistakes, but this doctor has keep doing mistakes one after the other...

I would not get too hung up on the 13 month issue. Obvious error which would be noted by anyone reading it.

Whoever paid for this Doctors report should have gone back highlighting any errors and questioning any issues with the findings.

All you really want is a report that contains factual information about injuriries suffered and any further treatment required.