Injury Claim Against Local Council Through Zurich - Scotland

[dx100uk]

ok well dont do it then simple!

 

it cant hurt you nor influence or prejudice your position or what happens going forward.

 

you came here for advice, questioning why that advice is being given, can sometime be seen as being obstructive when there is no real need for it.

[whiteadder]

I'm just asking for clarification on your advice! Is there something wrong with that? You recommended I do something. I'm just asking WHY!

 

I have asked three times already, and I know you guys are busy and are doing this for free but don't accuse me of "being obstructive" - whatever that means.

 

I'm acting on behalf of my mum, so when I instruct her to do this or that it would help if I knew what the purpose of what I was asking her to do was.

 

I'm not paying for a solicitor here. I'm asking for free advice on the internet. If you can't offer that without getting a bag on with me then I think I'll just take it from here and reply to Zurich and if it ends up with no pay out then so be it. I really can't be bothered with all these letters going back and forward anymore, especially when I'm not here most of the time to deal with it. 

 

Thank you for the help.

[dx100uk]

you don't need a sols.

 

to date have you made any contact with the council or anyone (bar the FOI) complaining to them or alerting them they have 'incoming' regarding an injury claim?

[whiteadder]

The council referred her claim to Zurich so they are aware there is a claim. 

[dx100uk]

good. so on balance there must be some internal council communications that must concern her and her personal data/discussions/email data held by the council about her...and i bet you don't have it = SAR....gedit yet!

 

what if something said, yes we knew about this path in year so not surprising we've had a claim...an FOI won't tell you that.

 

[whiteadder]

Yes I gedit now. But I'm not a lawyer, so unless someone explains this to me then I won't gedit, will I.

 

I'm acting as a solicitor for my mum, so when I tell her to do something I have to explain to her why I'm telling her to do that. 

 

It would help me if she read the letters coming in while I'm not here, like the one asking her for ID.. 

 

The letter is asking her to confirm which Service she is requesting information from and provide a timescale. Should I say anything within the past 2 years, or just leave the request as it is?

[dx100uk]

Just send it as is

If you express a focus in one direction they might limit its scope

you could however aid them by indicating your request has nothing to do with council tax data so do not require such . (Assuming they are the same council as her ctax?)

[whiteadder]

Same Council Tax. I'm just thinking if I limit the scope they might respond quicker.

[dx100uk]

As i said then..regarding time.. They only have 30days regardless

[whiteadder]

A general request for everything would cover at least 5 decades.

[whiteadder]

So that's >30days and the council haven't responded yet

[whiteadder]

I'll take it from here. Many thank.

[stu007]

Hi

 

As the 30 Calendar Days have expired I would write to the Council and explain that they are now in breach of your Subject Access Request due to their failure to comply within the legally stated Time Lime of 30 Calendar Days and have neither agreed an extension to that Time Limit with myself.

 

Therefore you require Clarification from the Councils Data Protection Officer why they have failed  in this Time Limit otherwise this will be reported to the Information Commissioners Office as a Failure to Comply with a Subject Access Request.

 

Link of Interest: 

 

What to do if the organisation does not respond or you are dissatisfied with the outcome

ICO.ORG.UK

 

[whiteadder]

Thanks.

 

I will do that.

 

I just drafted a letter on behalf of my mum - who is in a lot of pain and waiting for an appointment for assessment for a knee cap replacement.

 

If only I was on the bar I could probably make a living doing this, because I can write letters.

 

Should I?

 

- before I send this letter

- or wait 

- or should I include this failure to respond in the letter?

 

Many thanks.

[whiteadder]

So as it turns out the council did send the SAR in time to my mum! It's just she doesn't check her email - it was sent about a month ago. Not much in there - no internal memos about the insurance claim which seems weird since you'd think there should be?

 

I had a look at the FOI about the graveyard and asides from there being no mention of anything to do with inspecting or maintaining the paths, the letter that came with it includes several paragraphs of legalese explaining why they couldn't include any information about any complaints that had been made - to protect the identity of the complainers. Why can't they just redact that information?

[honeybee13]

Thread reopened. HB

[whiteadder]

Thanks Honey.

 

So I replied to Zurich about 4 months ago with all the information they requested and no reply. I chased them up and they have written back today saying "we are awaiting our clients reports to investigate liability and provide a formal response upon conclusion." 

 

I've already written to the council a couple of weeks past asking them to pull their finger out on that and so far..... still crickets.

 

Just wondered if any of you guys had any pearls of wisdom to offer on the current developments?

 

Additionally - I have already just recently reported a very serious safety hazard on the roads around here - a badly fitted man hole cover on a grass verge that appears to be getting nudged off one edge by passing HGVs probably - so anyone who happens to be walking along there thinking the slabs beneath their feet are solid could have a very nasty surprise with potentially life changing injuries! 

 

Not much footfall that way but it's on the way to a place where they hold festivals so at certain times you could get a lot of folk walking that way, so I marked this as urgent. So far they have replied but no action. I would have thought a barrier and some signs would be in order while the relevant contractors are booked in at the very least, but apparently not a priority for this council.

 

Don't know if this gives my mum's claim any traction? I noticed this when I was out walking and reported it purely out of concern for safety and not to help my Mum's claim, however if it does then winner winner chicken dinner..

Edited March 9, 2022 by whiteadder

[whiteadder]

So Zurich are requesting my mother signs a mandate giving them access to her health records - which I thought we had already given I’m not sure can’t remember now. 

 

First a copy with no form at the end of some 4 page statement, then a copy I can’t edit and send back digitally. Still waiting for a reply asking for write permission.

 

Anyway, I figured out how to get round that with my photoshop skills; Just wanted to run this by here in case anyone has any ideas. I think they just want to know about how my mother’s injuries have healed or not for their final assessment?

[stu007]

Hi

 

Whatever you do even after signing that Mandate for them to have access to her health records and sending it back you need to contact/write to her GP and ask that anything that is to be sent to Zurich you are advised about and exactly what the GP is forwarding. (you are entitled to ask this as it is her personal medical information) and you require this on record.

 

Make sure you have a letter from your mum giving you permission to act on her behalf to send to her GP as well.

 

Remember Zurich are working for the Council not your Mum and will be trying there best to minimize any costs with any claim against the council.

 

Have you had any update from the council on your Subject Access Request? Post#37 - 40 since they failed to respond within the set time limit and did you contact them and inform them of that failure?

[whiteadder]

I think the situation that unfolded there with the council failing to respond within the set time limit was more to do with my Mum not checking her emails properly - I have now taken over the paperwork for this so all emails are coming to me now.

 

So I now have to write to my Mum’s GP about this - and they will be happy to write to me informing me of what information Zurich are requesting - and I then give my consent to that? Or they just inform me of what information they have provided?

 

Will her GP be happy to do this for free also? Of course they are busy doing their job treating patients (at least some of them used to do that anyway prior to 2020) - I know from experience that if you want a letter from them for your work they sometimes ask for a fee. 

 

I guess also if I’m going to do this then the address on the mandate must be direct to her GP also?

Edited May 27, 2022 by dx100uk
unnecessary previous post quote removed

[Ethel Street]

The way it usually works is that your mum authorises her GP to disclose her medical records to Zurich. It's then Zurich's responsibility to contact her GP and ask for them. If the GP makes a charge for this they charge Zurich. Zurich can't pass the charge on to your mum, they have to pay it as part of their own claims handling costs.

 

In my experience, when I've been involved in access to medical records in other contexts, your mother shouldn't need to approach her GP at all. Zurich should give her a mandate form to sign and return to Zurich. Zurich then send that to her GP with their request for the medical records.

 

EDIT Should add that my experience of how this works is in England. Don't know if it's different in Scotland.

[whiteadder]

Thanks for the advice.

 

I’m just going to send this form in to them without requesting anything from her GP - or her requesting this.

 

This is what she wants - I’ve tried to explain to her that this means Zurich then have access to all her records and that it’s better at least that she knows what records they’ve been given access to and she should just request this

 

but she’s not listening

 

what can I do.

[whiteadder]

So I received a correspondence from them today stating that they had received the signed medical mandate form 

 

Also received a similar email from them two months ago..

 

So what's that all about? Something get tossed on a pile and forgotten about?

 

Or are they just trying to drag this out as long as possible in the hope that we give up?