Accident settlement offer - paltry amount!

waaag · 16 April 2005 at 3:25PM

I wonder if anybody could advise me here? I was in a rather horrific road accident the other driver admitted responsibility, he got fined just £75 for driving without due care and attention(raining,steamed up windows he could not see through didn't clean them and not giving way to oncoming traffic.) which is an issue in itself.

Now, I after 2 years and 6 months, receieive an offer of a paltry amount. 20 thousand for loss of feeling, terrible scars and fractured legs. cannot bend run or kneel.or step up stairs easily, dead muscle temporarily helped by two short sessions of 1 a week 1 hour physio paid by the defendant side, in a gym were they are trained to teach fitness. Once this stopped was back to square one of course!I can't believe it when I read of criminals burglars suing houseowners and winning huge amounts for alleged injuries sustained when they are caught and held whilst waiting for police to arrive. Consequently, I don't think my offer its nearly enough! locally a schoolteacher sued for a knee injury slipped on wetfloor at work got abouit £160 thousand!

My insurance company said it was above and beyond what they'd expected! and that they just thought it would be 13 thousand I'd get. And that I have to make a decision within the 21 day or lose all. If I press for more money I could lose all and additionally be made to pay all of the costs for over all the time its took (rather a lot). though I was told I can think about it - and the 21 days - the very next day I found that they'd been perpetually phoning but left no messasge when I returned home.I'd been out. So I'm naturally very unsure of what to do next I just feel for all I have suffered its just an insult! I would like more opinions. NB As a young female my scars are so bad I cant show them, I'm told in time they will fade a bit but cannot have surgery as they just cannot be hidden, disguised and could only be replaced by other scars and dermabrasion is an option but I would be paying it myself from this settlement and it would give a result same as how it would turn out by itself given time! I have been recommended a special make up. I feel pressurised by my ins company to make a decision and I don't know where to turn, so any help greatly appreciated if anyon'es up on this sort of thing.!

margaret_3 · 16 April 2005 at 3:43PM

This is an insult! Have you got a solicitor working for you?
My solicitor ---funded by my household insurers---forwarded an offer of £15,000 to me for a similar accident but far less injuries---- headaches and shoulder pains resulting in frozen shoulders and needing physiotherapy for about six months. He has advised me to refuse!
You must keep at your insurers.
Hope this helps.

Malestrom · 17 April 2005 at 11:51AM

Check any insurance policies you have to see if they have a free legal advice line. Alternatively, look in the yellow pages for a solicitor that offers a free introductory interview, usually of about 30 mins, where you can ask advice on your situation. I would advise using one of the larger firms in your area rather than an independent solicitor.

Get free legal advice ASAP and don't agree to anything until you have been advised. Also, don't bother with any of those awful TV advertising "Been in an accident, not received compensation for your injuries...." companies as 99% of them are a waste of time. Always better to use a solicitor if possible.

Bossyboots · 17 April 2005 at 1:04PM

One FM here is a PI lawyer so hopefully he will see this and give you some guidance on the amount offered.

My colleague has just been offered £2,500 for what frankly is a minor injury to her back which the specialist says is now better. £20,000 doesn't seem enough compared to that. Additionally, I would expect there to be a separate amount claimed for the dermabrasion. You are right that you are at costs risks if you do not settle. You/your advisors only have a few months to settle this or they will have to issue Court proceedings to protect your claim against the limitation period. I will try to find you the name of the FM mentioned above so you can PM him.

waaag · 17 April 2005 at 3:13PM

Thanks for the replies so far, I hope we can find the FM so I can PM him too! I am really bothered about this, and am I right in thinking that my insurance company - not who I am insured with, but a company who specialises in this kind of accidents, to whom I had gone too (they will get a cut from the defendant, not me) am I right in thinking that they would be pressing for the highest amount possible, or are they trying to get it sorted and out the way?

NB. within this company there have been about 6 changes of person who this claim has been passed on to, to deal with. I have got a bad feeling about it.

Pere_Ubu · 17 April 2005 at 8:30PM

If you are in a union they may have legal advisors who will be able to assist you for free. My husband had an accisdent and was represented by his union's lawyers (PCS Union). This was a perk of being in the union he got £3,500 for falling over on a bus. It does seem a small amount you have been offered is it after solicitor fees have been taken? Where do you live? Some universities with Law Schools offer what is called Legal Clinics. This is where law students take on legal cases supervised by members of staff. They may be able to help/advise. Also you need to find out if your time limit has been protected. This is done by filing papers in court. If you are concerned by the way your claim has been handled by the soliciotor firm i.e. no consistency of staff dealing with your claim, then try the Law Society who supervise all solicitors. Were you in a vehicle or were you a pedestrian? If you were in a vehicle then the insurance company of your vehicle should be dealing with things for you for free. Check your household insurance policy as well it might cover legal costs such as this. If you are not happy about the solicitors dealing with your claim ask how you get your papers back to instruct another solicitor, you might consider "sacking" them and instructing someone else. Think about this carefully.

waaag · 20 April 2005 at 2:18PM

Many thanks to you all for your replies, particularly Bossyboots for alerting me to the PI man on here. ANDYD YOUR HELP WAS INVALUABLE TO ME!! A very big thank-you to you - what a lovely down to earth bloke! who does his job well. I have looked at the pro's and cons and the things to take into consideration, and, I admit I failed to realise that my award was not going to be as big as I expected, as I had been made redundant before the accident so therefore at the time of the accident was not officially working so could not claim for loss of earnings - ironically like the mention of the teacher in my posting who got a big award, I was on £14 an hour teaching IT, had I still been, things would be different! So I have accepted the offer now, as it is, compared to some other cases were amputees receieved a lesser amount - above and beyond what was expected, I have seen this evidence! (So I shall now shut up!) Thank you all very much!!

Accident settlement offer - paltry amount!

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