Published on 12, July, 2020
I have just started the settlement process of a car accident 6 years ago. My children were 10 and 12 at the time and the accident triggered anxiety and panic attack disorder in both of them affecting their ability to go to school. There were criminals involved and our car was hit so hard we thought our dogs had been killed in the boot. The driver ran away and my son chased him. I had a scuffle with the passenger and my daughter was left rigid with shock. The insurance company are saying that their anxiety and lack of attending school is because they are autistic! They had no problems with school beforehand. I am so upset and feel manipulated. Would anyone like to comment? Thank you
NAS92438 said:The driver ran away and my son chased him. I had a scuffle with the passenger and my daughter was left rigid with shock.
It will depend on how much the other side can say the situation was made worse by your actions rather than just the accident. This will depend on how good their lawyers and "expert witnesses" are in creating a narrative to suit their interests.
NAS92438 said:The insurance company are saying that their anxiety and lack of attending school is because they are autistic! They had no problems with school beforehand.
I think it is fairly clear that the accident triggered a step change in behaviour - you may need to get reports from the school on the behaviour before and after the date in question to back this up, and I think a solicitor can phrase the request in a way that is of most use to you.
As the others are saying - get yourself independent legal advice on this - a lawyer with insurance expertise will be your best protection as the insurance companies from both sides will be looking out for their own financial and legal interests.