My accident was a month ago today. I still have no memory of the day at all until late evening in the JR hospital. The general consensus is that it may be a good thing, but I would like to know. My impression is that my memory generally is worse than it was.
The facial bruising & swelling has gone, but I still have a tender vertical ridge, (of bone?), up my forhead from the bridge of my nose. I wake with a generalised headache some mornings, but it goes once I get up. I also get headaches when I'm tired, but nothing like as bad as after the accident.
The main problem is my left arm & shoulder & my neck. Movement is better, but is still limited & painful even though I'm taking quite strong painkillers. Dressing & undressing, showering & washing my hair, driving..... all the day to day things you take for granted are difficult. I still can't do back crawl, only breast stroke & sculling on my back, but at least I can swim - UPDATE I did a few lengths of back crawl today - really pleased. The pain is worth the gain. I don't want permanent reduced range of movement & am assuming that exercise will lengthen the tendons / ligaments.
I am trying to be positive & not let all this dominate my life. I have so many things to be thankful for. I am annoyed though, that someone else's thoughtlessness, which was so utterly predictably dangerous, has caused me so much pain & affected my life so much. If this was just an accident, like falling down the stairs, it would be different. This shouldn't have happened.
On the other hand, that's life. It's unpredictable & sometimes unfair. We shouldn't take the good stuff for granted. Carpe Diem because we don't know how many Diem's we are going to have.
Monday, 3 April 2017
Sunday, 2 April 2017
Lawyers & Legal Insurance
I consulted a solicitor who specialises in accidental injury 11 days after my accident.She was really helpful & competent & was very confident that there is definitely good case to answer.
I have the photographs my daughter took on the day of the accident & of my battered face the day after, plus a detailed statement from her perspective. My Blog is a record of the impact on me physically & on my life. I have a statement from D, who is a physical trainer, so has First Aid & H&S skills. I also have a statement form J who found me. There are medical records at the JR hospital & my GP's.
The whole thing is very complicated. The claim has to be registered in something called a Portal. This stage can take 40 days. All parties then decide what their response to the evidence will be. Hopefully, at this point the other side will accept liability & if they do there are guidelines for General & Special damages which have to be agreed.
If they don't accept liability the case goes to Court. Then I may have to have medicals with possibly 2 consultants because there are head injuries & shoulder/arm injuries. The prognosis for any permanent, future, neurological/orthopaedic repercussions will have to be assessed. That could involve a year's wait.
The real b..... is my Legal Insurance with Saga. Apparently it isn't what I assumed 5* Insurance meant - Why am I not surprised? Initially I have to use their Panel Solicitors, Lyons Davidson. Everything would have to be done over the phone or by email because their nearest offices are in Bristol. My solicitor is 5 minutes walk away. I can actually speak to her face to face, which is very important to me.
When I purchased Legal cover I had no idea it was so restricted. I am a 72 year old widow. This accident has affected me physically & mentally. Recovery is very slow. I only started resuming my normal activities after a fortnight. I would find dealing with everything with Lyons Davidsons even more stressful than they already are. I don't think it is reasonable to expect me to deal with all of this remotely. I also think it is unreasonable to expect me to deal with the Portal part of the suit with a different solicitor to the Court section. It would cause disruption & needless repetition, putting much more stress on me. Coping with the accident & injuries is bad enough. This is just making it all worse at a time when I'm really not feeling wonderful.
I've contacted Saga & asked them to re-consider & allow me to use my solicitor - I won't hold my breath. In my experience Insurers are really good at avoiding fulfilling the expectations of the insured. The small print is so lengthy & so small that everyone knows no one reads it or understands it. The law is a closed shop for Lawyers, us mere mortals really can't grasp the intricacies.
Insurance & the Law is meant to protect us - Personally I'm not convinced it does. It just costs a lot in stress, time & cash.
PS - 28th April
6 weeks / 42 days after my initial contact with Saga about my legal cover I still have no clear answer from them about whether they will let me use my local solicitor. Why on earth does it take so long for a fairly simple decision. All through I have been emailing to try to progress the request & get a decision. If their unreasonable delay means that my case runs outside the timescale for the Portal stage I am going to be a very angry customer.
I have the photographs my daughter took on the day of the accident & of my battered face the day after, plus a detailed statement from her perspective. My Blog is a record of the impact on me physically & on my life. I have a statement from D, who is a physical trainer, so has First Aid & H&S skills. I also have a statement form J who found me. There are medical records at the JR hospital & my GP's.
The whole thing is very complicated. The claim has to be registered in something called a Portal. This stage can take 40 days. All parties then decide what their response to the evidence will be. Hopefully, at this point the other side will accept liability & if they do there are guidelines for General & Special damages which have to be agreed.
If they don't accept liability the case goes to Court. Then I may have to have medicals with possibly 2 consultants because there are head injuries & shoulder/arm injuries. The prognosis for any permanent, future, neurological/orthopaedic repercussions will have to be assessed. That could involve a year's wait.
The real b..... is my Legal Insurance with Saga. Apparently it isn't what I assumed 5* Insurance meant - Why am I not surprised? Initially I have to use their Panel Solicitors, Lyons Davidson. Everything would have to be done over the phone or by email because their nearest offices are in Bristol. My solicitor is 5 minutes walk away. I can actually speak to her face to face, which is very important to me.
When I purchased Legal cover I had no idea it was so restricted. I am a 72 year old widow. This accident has affected me physically & mentally. Recovery is very slow. I only started resuming my normal activities after a fortnight. I would find dealing with everything with Lyons Davidsons even more stressful than they already are. I don't think it is reasonable to expect me to deal with all of this remotely. I also think it is unreasonable to expect me to deal with the Portal part of the suit with a different solicitor to the Court section. It would cause disruption & needless repetition, putting much more stress on me. Coping with the accident & injuries is bad enough. This is just making it all worse at a time when I'm really not feeling wonderful.
I've contacted Saga & asked them to re-consider & allow me to use my solicitor - I won't hold my breath. In my experience Insurers are really good at avoiding fulfilling the expectations of the insured. The small print is so lengthy & so small that everyone knows no one reads it or understands it. The law is a closed shop for Lawyers, us mere mortals really can't grasp the intricacies.
Insurance & the Law is meant to protect us - Personally I'm not convinced it does. It just costs a lot in stress, time & cash.
PS - 28th April
6 weeks / 42 days after my initial contact with Saga about my legal cover I still have no clear answer from them about whether they will let me use my local solicitor. Why on earth does it take so long for a fairly simple decision. All through I have been emailing to try to progress the request & get a decision. If their unreasonable delay means that my case runs outside the timescale for the Portal stage I am going to be a very angry customer.
Saturday, 1 April 2017
Seville in the Sunshine
I've just had 4 days in Seville with M. Everything worked really smoothly - even the M25. When I think back to how difficult it used to be arranging independent holidays with my husband, doing it all on the internet is amazingly simple & reliable. Gone are the days of dire hotels, no one dares to lie or exaggerate now we have Trip Advisor. No hanging around in queues to check in, not only can you book your flight, now you can get your return boarding passes too. We didn't even have to show our passports until the boarding lounges - except when we came back into the UK where the queues were huge for UKPA. They did move quickly through the biometric scanners though.
I think M & I are very lucky. We have a city mini break every year & never have any problems deciding what to do because we know we both enjoy the same things. It is lovely to be able to share the experience with someone you get on really well with. Fortunately we both do take quite a while looking at arts & crafts, architecture & gardens & talking about what we are seeing over a nice meal & a glass or two of wine. Finding someone compatable to travel with is great, especially if it is your daughter. There is little worse than going on holiday with someone you think you know well & discovering you don't get on.
Seville is a lovely city - very walkable - although I am getting to the point when my spirit far outstrips my flesh & ambling requires determination & is definitely more challenging. We particularly liked the Real Alcazar, Casa Pilatos, Barrios Triana & Santa Cruz & the Plaza De Espania. M had been told about Las Setas (the mushrooms) which opened in 2011 - 6 giant, interlinked parasols forming an aerial walkway with wonderful views over the whole of Seville.
My only problem with Spain is their brand of Catholicism - I don't think the Catholic church has fully grasped the idea of giving to the poor. The unbelieveble, in your face, wealth displayed in the churches, (e.g the silver & gold Reredos) offends my sense of fairness & seems to have nothing to do with God, Jesus or Christianity. But I'm probably too much of a heathen.
I think M & I are very lucky. We have a city mini break every year & never have any problems deciding what to do because we know we both enjoy the same things. It is lovely to be able to share the experience with someone you get on really well with. Fortunately we both do take quite a while looking at arts & crafts, architecture & gardens & talking about what we are seeing over a nice meal & a glass or two of wine. Finding someone compatable to travel with is great, especially if it is your daughter. There is little worse than going on holiday with someone you think you know well & discovering you don't get on.
Seville is a lovely city - very walkable - although I am getting to the point when my spirit far outstrips my flesh & ambling requires determination & is definitely more challenging. We particularly liked the Real Alcazar, Casa Pilatos, Barrios Triana & Santa Cruz & the Plaza De Espania. M had been told about Las Setas (the mushrooms) which opened in 2011 - 6 giant, interlinked parasols forming an aerial walkway with wonderful views over the whole of Seville.
My only problem with Spain is their brand of Catholicism - I don't think the Catholic church has fully grasped the idea of giving to the poor. The unbelieveble, in your face, wealth displayed in the churches, (e.g the silver & gold Reredos) offends my sense of fairness & seems to have nothing to do with God, Jesus or Christianity. But I'm probably too much of a heathen.
Monday, 20 March 2017
Returning to Normal
Two weeks on from the accident I'm taking stock.
I'm going back to my volunteering jobs this week, really pleased not to be letting people down. I'm swimming, still only breast stroke & sculling on my back. Still very slow & less lengths, but it is helping I'm sure, & I always see friends there. I'm back on Warfarin now, so my INR should get back to normal. Resuming my Psychology course too.
Just as well things are improving because I am due to go to a school reunion at the weekend & then to Seville for a mini break next week.
I have a discernable raised ridge from the bridge of my nose up my forhead which is tender to touch. I'm not getting the bad headaches, just slight aching at times, but my brain feels odd - fuzzy - I'm not confident in my memory. Still no recollection of Monday the 6th until the evening. My left elbow is also tender. My left arm & shoulder & my neck are the most painful ongoing issues.
I'm seeing my Osteopath on Wednesday, so it will be interesting to see what she makes of the injuries.
The body has amazing powers of recuperation - I just need to give it time. Time is at a premium at my age though & I try to make the most of it. This last fortnight has been stolen from me. But on the plus side friends have been lovely - very concerned & supportive.
I'm going back to my volunteering jobs this week, really pleased not to be letting people down. I'm swimming, still only breast stroke & sculling on my back. Still very slow & less lengths, but it is helping I'm sure, & I always see friends there. I'm back on Warfarin now, so my INR should get back to normal. Resuming my Psychology course too.
Just as well things are improving because I am due to go to a school reunion at the weekend & then to Seville for a mini break next week.
I have a discernable raised ridge from the bridge of my nose up my forhead which is tender to touch. I'm not getting the bad headaches, just slight aching at times, but my brain feels odd - fuzzy - I'm not confident in my memory. Still no recollection of Monday the 6th until the evening. My left elbow is also tender. My left arm & shoulder & my neck are the most painful ongoing issues.
I'm seeing my Osteopath on Wednesday, so it will be interesting to see what she makes of the injuries.
The body has amazing powers of recuperation - I just need to give it time. Time is at a premium at my age though & I try to make the most of it. This last fortnight has been stolen from me. But on the plus side friends have been lovely - very concerned & supportive.
Thursday, 16 March 2017
Fully Functioning?
We humans take so much for granted. We have the most unbelievable bodies & brain. A complex system which can never be matched by a machine, however intelligent & complex. It isn't until something goes wrong that we realise just how reliant we are on it all working properly.
My brain definitely isn't. 10 days on from the accident & concussion I still can't remember almost all of Monday 6th.The swelling has gone. The black & blue Panda eyes are back to normal. I'm optimistic I won't have a permanent vertical scar line down my forhead & nose.
I am nervous about walking about outside. I've lost my confidence & I'm concerned I won't see something & will have an accident. I've morphed from a hare into a tortoise. In short I've become an old lady overnight. I've become obsessive about writing things down. We all have memory lapses as we get older. We all set off to do something & forget what it was & have to re-trace our steps. That's normal. This is different. Unless I write things down I won't remember. I can almost feel a thought drifting away. I try to grasp it but it has gone like a butterfly. Sometimes it comes back, but not always eg Naan bread - could not remember what it is called!
The x Rays yesterday confirmed that my shoulder isn't broken. But I struggle to use my left arm. Showering, washing my hair, dressing & undressing is difficult. I can't drive yet because I can't change gear. My neck & back is painful too. I know I just have to give it all time. Older people just don't recover as quickly as the young. At least I'm a more patient patient now I'm older & accept what I can't change. Thank God for strong Co-Codamol.
On the plus side I went swimming for the first time today. The GP said to try if the arm wasn't broken. I can do breast stroke & scull on my back. I can't do my normal back crawl though. It was just really nice to get out of the house & meet people I know at the pool.
My brain definitely isn't. 10 days on from the accident & concussion I still can't remember almost all of Monday 6th.The swelling has gone. The black & blue Panda eyes are back to normal. I'm optimistic I won't have a permanent vertical scar line down my forhead & nose.
I am nervous about walking about outside. I've lost my confidence & I'm concerned I won't see something & will have an accident. I've morphed from a hare into a tortoise. In short I've become an old lady overnight. I've become obsessive about writing things down. We all have memory lapses as we get older. We all set off to do something & forget what it was & have to re-trace our steps. That's normal. This is different. Unless I write things down I won't remember. I can almost feel a thought drifting away. I try to grasp it but it has gone like a butterfly. Sometimes it comes back, but not always eg Naan bread - could not remember what it is called!
The x Rays yesterday confirmed that my shoulder isn't broken. But I struggle to use my left arm. Showering, washing my hair, dressing & undressing is difficult. I can't drive yet because I can't change gear. My neck & back is painful too. I know I just have to give it all time. Older people just don't recover as quickly as the young. At least I'm a more patient patient now I'm older & accept what I can't change. Thank God for strong Co-Codamol.
On the plus side I went swimming for the first time today. The GP said to try if the arm wasn't broken. I can do breast stroke & scull on my back. I can't do my normal back crawl though. It was just really nice to get out of the house & meet people I know at the pool.
Tuesday, 14 March 2017
Claims & the Law
Today I contacted the car owners insurers. I had asked if she had informed them & the police about the accident. She said she had - The police weren't interested & there was a claim number for the insurers. It turns out that she only notified them yesterday after my email query.
I got put through to Admiral's underwriters who have to assess my claim. They took the details & will get back to me. There may be a point when I need to get a lawyer who specialises in accidental injury, but I'd rather avoid that if I can. In my voluntary experience as a Magistrate for many years & then a trained Mediator, the Law just complicates matters because our system is so adversarial.
What's happened has happened. Nothing can change it.
I don't think I have recovered from the concussion yet. My memory of Monday shows no sign of returning. The facial bruising is much better though. My left arm, shoulder & neck is still very painful & movement is limited. I'm seeing my GP today.
The thing is, given that the car owner has admitted that she caused the accident beause the car shouldn't have been parked with the cycle rack jutting out so far onto the pavement, you would think that all of this could be settled fairly simply. I'm not holding my breath though. Insurers aren't known for paying out without a fight.
I am the one who has to acept all the repercussions from this accident, now & possibly in the future. I feel that Justice is on my side, but am old enough to know that doesn't mean that the Law will be.
PS
Well, sadly I was right. Admiralty Insurers have just phoned to say that they do not accept liability for this accident. They say because the car was unattended & stationary it was there to be seen. So the only relevant factor is I should have seen the cycle rack.
I really wish I could remember what happened, was I distracted, was I looking down at the pavement, which is most likely given the hazards on the pavements in Oxford? It seems that pedestrians should adopt a search & destroy stance, constantly on the look out for hazards in their way at whatever level. At least I could prove that I wasn't on my mobile phone, which I imagine is what the insurers might assume.
Now I have to decide whether to take it to a lawyer. Admiral would prefer to go to court. Is it too cynical to think that's because most plaintiffs would not want to endure that stress, hassle & cost?
PPS
Visited my GP. Have to go and have more X rays on the arm, shoulder, neck & back. Life isn't fair.
I got put through to Admiral's underwriters who have to assess my claim. They took the details & will get back to me. There may be a point when I need to get a lawyer who specialises in accidental injury, but I'd rather avoid that if I can. In my voluntary experience as a Magistrate for many years & then a trained Mediator, the Law just complicates matters because our system is so adversarial.
What's happened has happened. Nothing can change it.
I don't think I have recovered from the concussion yet. My memory of Monday shows no sign of returning. The facial bruising is much better though. My left arm, shoulder & neck is still very painful & movement is limited. I'm seeing my GP today.
The thing is, given that the car owner has admitted that she caused the accident beause the car shouldn't have been parked with the cycle rack jutting out so far onto the pavement, you would think that all of this could be settled fairly simply. I'm not holding my breath though. Insurers aren't known for paying out without a fight.
I am the one who has to acept all the repercussions from this accident, now & possibly in the future. I feel that Justice is on my side, but am old enough to know that doesn't mean that the Law will be.
PS
Well, sadly I was right. Admiralty Insurers have just phoned to say that they do not accept liability for this accident. They say because the car was unattended & stationary it was there to be seen. So the only relevant factor is I should have seen the cycle rack.
I really wish I could remember what happened, was I distracted, was I looking down at the pavement, which is most likely given the hazards on the pavements in Oxford? It seems that pedestrians should adopt a search & destroy stance, constantly on the look out for hazards in their way at whatever level. At least I could prove that I wasn't on my mobile phone, which I imagine is what the insurers might assume.
Now I have to decide whether to take it to a lawyer. Admiral would prefer to go to court. Is it too cynical to think that's because most plaintiffs would not want to endure that stress, hassle & cost?
PPS
Visited my GP. Have to go and have more X rays on the arm, shoulder, neck & back. Life isn't fair.
Monday, 13 March 2017
Slow road to Recovery
Today I walked to the surgery for a Warfarin blood test because I was told not to take it after the head injury. Very slow progress & tired out when I got there. I arrived 2 hours early for the appointment, despite a calendar, diary & weekly wall chart with the right time on! The nurse was surprised I hadn't been referred to a trauma clinic. Seeing my GP tomorrow.
It's a lovely day but I haven't got the energy to do anything. I've cancelled my volunteering again this week. I see no prospect of being able to resume swimming, given that I can't raise my left arm & it's quite painful. I have to raise the arm using my right hand. Dressing & showering is difficult. I'm normally very active, so enforced inaction is very frustrating. On the other hand everything is too much effort.
Today it all hit me & I feel very sorry for myself. Up till now I've been more focussed on the pain & just getting through each day. I am so cross that my life has been impacted so much by someone else's thoughtlessness. I've been trying to find out exactly what happened last Monday from witnesses. It now seems possible I might have been lying unconcious for an hour or so before I was found.
The irony of the fact that I have had an accidental head injury is not lost on me, given how my husband died. Had my INR been high, (it has been 9.7) the consequences of this would have been really bad.
It's a lovely day but I haven't got the energy to do anything. I've cancelled my volunteering again this week. I see no prospect of being able to resume swimming, given that I can't raise my left arm & it's quite painful. I have to raise the arm using my right hand. Dressing & showering is difficult. I'm normally very active, so enforced inaction is very frustrating. On the other hand everything is too much effort.
Today it all hit me & I feel very sorry for myself. Up till now I've been more focussed on the pain & just getting through each day. I am so cross that my life has been impacted so much by someone else's thoughtlessness. I've been trying to find out exactly what happened last Monday from witnesses. It now seems possible I might have been lying unconcious for an hour or so before I was found.
The irony of the fact that I have had an accidental head injury is not lost on me, given how my husband died. Had my INR been high, (it has been 9.7) the consequences of this would have been really bad.
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