Wednesday, 11 July 2012

Shower thoughts

Thinking in the shower, often a mistake for me.  This evening I was mulling over some of the things said on Monday.

On Monday, Mr H and I drove 3 hours to see my solicitor and a barrister about my case, well worth the trip as the barrister was very nice and explained everything extremely clearly.  It is 2 years since the crash and my physical improvement (ie. discomfort and pain) over the last few months has slowed to a crawl; psychological improvement is better, with the odd relapse. As I have mentioned on here before, I detest spurious personal injury claims, but this one seemed to happen of its own accord after our crash, and it's not spurious in most people's eyes. Therefore however much I shy away from talking about it, I will because this is what I was thinking about - not the fact of there being a claim but some of the details, and the insight into how the legal system works (not having done this before).

Two things came out on Monday that annoyed me in the shower:

1.  The other driver's insurance company hasn't admitted liability yet.  This surprised me, since they have already accepted our claims for uninsured losses and made an interim payment.  So it is just them playing games - but to hear that they haven't admitted liability automatically opens up the possibility that they will suggest it was somehow partly my fault, despite all the evidence showing that it wasn't.  In the weeks after the crash, the grandparents of one of the passengers in the other vehicle put in a claim against my insurance... Mr H and I were gobsmacked - they had to be f*ing joking right?  I guess no-one had told them what actually happened...

2.  The barrister half joked that the law might consider a dog to be a 'chattel' and therefore argue against us claiming for the excess we had to pay on insurance for Django's veterinary bill.  I didn't think about this in the meeting, but how could someone argue that they won't pay up for that, yet not argue in the slightest about the cost of the replacement dog cage or a T-shirt? (chattels in anyone's language). The whole point of uninsured losses is to cover costs that we wouldn't have incurred had we not been hit in a head-on collision. And as for looking at Django as a chattel... well that upsets me a bit.  

Just thinking about the nitty gritty of things, now that we are likely to get to the arguing stages about wear and tear on my lost sunglasses and how much the pain I experience really affects my life, makes me want the whole thing over as soon as possible.

Then hopefully I will feel that I can truly move onwards and upwards.


5 comments:

  1. Doesn't it take a long time. Glad you've got someone on your side who seems to know how to play the game too.
    Is the two year point very significant in your head. It must feel like you 'ought' to be better by now and that must make your continuing (and worsening because you are doing more stuff) pain

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  2. Hi Rosie, having looked at some other cases while we were there, the timescale seems pretty normal, even short compared with some. Doesn't make it any easier though! x

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  3. Just gotta shake your head at some of this and remember it ain't about you......most of it's about the dollar/pound. Sadly so.

    What is about you is the healing -- physically and emotionally.....and spiritually. Personally, I think you're doing quite well in all departments.

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  4. I wish there was a 'like' button on comments. I 'like' Mel's

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