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PTSD and insurance claim (road traffic injury)

PTSD and insurance claim (road traffic injury)

Almost 8 years ago in 2015, I got hit by a car while cycling to Sydney city center close to the central station. I was going at a green light, when a car coming from the opposite direction made a sudden right turn straight into me, loudly accelerating. I thought it will very stupid end, lucky it did not happen. The one thing I did well was to absorb as much as I could with the bicycle and spread the impact all over my body.

After the injury, I found out that I cannot deal with anything related to the injury. A single thought about it and my body goes into an intense fight, flight, or freeze response with eventual shut down of my ability to think. As a result, many things went wrong, one causing lots of problems now is an insurance claim. After some time of getting nowhere, I sought help from personal injury lawyers. Dealing with them proved to be very stressful. After 2 years I sought advice from another lawyer who promised to help with grossly inflated fees and to fix problems in my claim. However, I got no help with some fees, but at least she got medical reports included and acknowledged that the injury caused significant impairment in my life, with PTSD being the primary cause. I am no longer able to work, while previously I was a highly skilled software developer. This is where I am now: I am not able to work, I spent all my savings a long time ago, not being able to sleep, panicking all the time, ...
I do not know what to do next.

5 replies

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In response to: PTSD and insurance claim (road traffic injury)

Re: PTSD and insurance claim (road traffic injury)

Two days passed, and nothing changed. I am so tired, that just typing this message triggered a reaction and I hardly contain dray retching.
Forgot what I was going to write.
Och, remember. Is this post visible?

In response to: Re: PTSD and insurance claim (road traffic injury)

Re: PTSD and insurance claim (road traffic injury)

@Alfas

I am so sorry this has happened to you, I really don’t understand why insurance companies make things so hard, I am in my own fight just now but my fight is work cover related.

I have been lucky enough to get great lawyers (IRO) but the fight hasn’t really started yet. They have denied part of my claim so I am gathering evidence. I had to go right to the ombudsman in regard to a car and it is really stressful. In the end they ruled the insurance company had to pay me for psychological suffering, that was just for messing us around with the replacement car. Sometimes we just need to let the process happen even though it is so frustrating and unfair.

This too shall pass and hopefully you will be properly compensated when it all is finished but it is a really awful thing to go through. I am looking at EDMR for PTSD, I don’t know much about it yet, but I have heard good things, so there is hope for recovery.

In response to: Re: PTSD and insurance claim (road traffic injury)

Re: PTSD and insurance claim (road traffic injury)

@Flotsam

Thank you for sharing your experience. I will try to look at the info you provided. I think my problem first comes that I have PTSD and it severely decreases my cognitive abilities. For example, I have been looking for more information about the insurance claim process and who can help me. And I have not found information about it. Now I come back and read the same information and I realize this is the information I have been looking for. So, I had to rely on personal injury lawyers, and I got bad ones.

I got an email today from my solicitor where she states that she does not want to claim for damages (loss of past and future income), because of some of Centrelink's policies, as I will not be able to claim Centrelink for some months. However, I am not on Centrelink and I am not eligible as my wife's income is just above the threshold.

It is a fake reason. The most probable reason is that she simply does not want to work and she is already giving me a very high bill, more work will probably mean that her bill will look too suspicious.

So, currently, my compensation offer consists of $0 for loss of income for the last 8 years and $100 000 for future income (this is more or less minimum regardless of your income). While working as a highly skilled IT specialist (I have PhD in computer science) I would be able to make about $200 000. However, I am not able to work. Over the last 8 years, I have failed every project I took, making $0 and letting down my colleagues.

The irony is after all paying all bills I will get so little that even the starter payment from Centrelink would be more.
I have no way forward yet,...

In response to: Re: PTSD and insurance claim (road traffic injury)

Re: PTSD and insurance claim (road traffic injury)

@Alfas I am so sorry you are going through this. PTSD is bad enough without the extra stresses of getting a fair settlement. Can you find a no win no fee lawyer? they take a large chunk but they are motivated to win more. There is also the insurance ombudsman.

I understand how frustrating it must be, my degree is in pure mathematics, so I understand how hard it is to have problems thinking when you are used to being a problem solver. Just today I was reading about the current research into PTSD and there are ways to recover, I alternate between feeling hopeless and reservedly hopeful almost continuously.

It’s really hard to go from a good income to relying on someone else.

I hope you have some good news soon. I have been frustrated by how long I am taking to get better, I was told today it is okay if I rest and I don’t have to do the really hard mental work right now, maybe it’s similar for you.

For a while after I was at my worst ( in a mental health unit) my doctor insisted I was quarantined from everything, so my husband handled all correspondence, phone calls, answered my emails until I was well enough to start to do that again. I am not sure if something like that would work for you, if your wife could take that part of the responsibilities. My husband also got some help with how to support me and look after himself as my mental health was really taking a toll on him as well.

In response to: Re: PTSD and insurance claim (road traffic injury)

Re: PTSD and insurance claim (road traffic injury)

@Flotsam

Both lawyer firms I had were working on basis no win no fee. However, it does not stop them from dropping client without any result, but with the bill. It will be taken out from pay I will get from insurance company. Both agreed with insurance company to pay just enough to covers expenses.

In a desperate attempt I went to disability support organization asking maybe they can provide advocacy for me. They have promised to call me back. Fingers crossed. Right now, I do not have plan B.

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