3rd party insurers saying the RTA was not responsible for injuries? what now?

[confused??]

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

Basically earlier thsi 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

[Dragons Dennis]

I would speak to an injury claims lawyer - one of those no win-no fee types. I had a similar incident a couple of years ago and the claims specilists did a great job and they paid up.

[T.C.]

If the medical specialist has already established that 90% of your injuries were caused as a result of the crash and the third party are refusing to accept the crash as causation of your injuries, then you need either your insurers or a personal injury solicitor top issue proceedings against the third party.

 

If liability has already been accepted by the third party, once thre quantum (value of your injury claim) has been established, they will be allowed a discount to take into account your pre-exsisting condition.

 

I see this type of behaviour on a regular basis from third party insurers in that by rejecting the claim they hope that the claimant will simply lose hope and subsequently give up and go away.

 

Once proceedings are issued, they will take things more seriously as they will see costs suddenly soaring, and the fact that an independant medical specialist has already established a prognosis means that they will be on dodgy ground if they continue to contest the claim.

[m3yas]

Speak to a accident specialist solicitor, you sound like you have a case and may be able to get no win no fee