Car insurance injury claim -Should I settle now or not??? Please advise!!

madmoneysaver · 19 March 2008 at 5:40PM

OK guys, hope you might be able to help.
I had a car accident 9 months ago, other driver at fault and was given compensation for my car. However the injuries claim went through and my sollicitor rang today to say she's finally had the GP's report back and it's good. Basically she says that GP advises all injuries should heal in about 6 months, which should take us over a year and that she could get between 2.3 to 2.5 (I assume grand??) if we settle now. Other option is that I do more physio and leave it but then she said in her experience it's unlikely I will get more than the above figures.
Now I couldn't answer there and then on the phone and said I needed time to think because even if the GP think it will be ok in 6 months, well I don't know? So we left it at she will send the report to me and I have to tell her in a couple of days what I want to do.

Now hubby at work so I texted him and he said I shouldn't be greedy and do a Heather LOL but it's not about that it's just that I don't have a clue about how to go about this?
And I'm due to have our second baby in about 2 weeks so really I'm tempted to get the whole thing settled and be done with it then.

Any thoughts on this folks?? Thanks very much!!

PS:mattymoo you have been a real help when I first posted about this, so if you're out there I'd be interested to hear your point of view as well mate.

lisyloo · 19 March 2008 at 5:50PM

Well I don't think medical things are every black and white I'm afraid.

The safe thing to do would be to wait in case you experience any unexpected complications or your healing takes longer than expected.

The only advanatage of settling it now is to get money now and to start to get closure (and that can be important psychologically).

Your solicitor may have their own motivations so bear that in mind.

You could discuss it with your doctor and ask whether there are any possible complications and whether outcomes vary hugely.
They will not be able to give you definite answers but it might help you make a decision.

Personally I think I'd be tempted to wait but are you desperate for either the money or to get closure?
It's not being greedy. The effects can sometimes take a while to show and not everybody heals at the same rate.

Andybez38 · 19 March 2008 at 5:56PM

your not exactly saying what injuries you suffered in the accident madmoneysaver. If you think it is a fair offer for the injuries susstained, then accept the offer. I have been led to belive, Never accept the first offer.

Tigsteroonie · 19 March 2008 at 5:59PM

If your injuries are likely to heal in "6 months" (ie 15 months total) then, based on the compensation we received following our (similar) accident, the offer is fair. Our legal rep advised that we would be unlikely to receive substantially more, and infact a court could decide to give us less than the amount offered.

madmoneysaver · 19 March 2008 at 6:18PM

Hi all,

Thanks very much for your commments, much appreciated.
Sorry I didn't specify the injuries sustained, it's actually whiplash and I still suffer from the shoulder. Physio said joints and spasm normally tend to feel better up to 2 year after the accident.
I don't really know if I want this to drag forever though so I will probably have a good chat with hubby this evening. He is telling me to just settle it all, but I had different people tell me not to settle first time?
Oh this is just such a head doer ....

jonesMUFCforever · 19 March 2008 at 6:27PM

I shall give my 2p worth.
If you are fit enough to have a baby (congratulations by the way) then in my opinion like the others I would suggest settling now if you can get £2.5k with a caveat that you can go back if the whiplash do not heal within the timescales laid down by your doctor.

lisyloo · 19 March 2008 at 6:32PM

with a caveat that you can go back if the whiplash do not heal within the timescales laid down by your doctor

I suspect the offer comes with a "full and final settlement" condition.
They usually do.

madmoneysaver · 19 March 2008 at 6:47PM

Thanks Jones, yes it just so happens I was pregnant when the accident occured and had no clue about it (very early stages). I freaked out later on cause I was worried baby would be 'damaged' but docs reassured me they don't and body protects little ones really well. Having said that pregnancy has been a complete mare and I'm having a C section but that's aside of the whole accident.
OK I will seriously have a chat with hubby tonight about it all, then I guess read the report which I presume will come tomorrow and make that phone call to probably accept as you all have reassured me it's probably not an offer to turn down.

Thanks again for all your help everyone!!

V_tricky · 19 March 2008 at 7:59PM

Your solicitors guide is realistic, but if you need more physiotherapy, and are not convinced that you will heal totally completely within the next six months then you can say that you want to wait for the prognosis period to be complete and then either look for offers (at that sort of level) then, or else get an addendum report done once the prognosis period is up.

The solicitor may be a little less inclined to do this because they want the costs for the work they've done so far ASAP.

If you settle at £2300, they will get £1250+VAT in costs.
If you settle at £2800, they will get £1360+VAT in costs.
If you settle at £3200, they will get £1440+VAT in costs.

There isn't much in it for them, but they take your instructions, so if you would prefer to wait, then do. Once you bank that cheque there is no going back, even if you do continue to suffer beyond that guestimate the GP has made.

I know it's tempting to settle now, and based on the evidence received that's not a bad offer, but what happens if you're still having trouble in another 8 months? This isn't an exact science, and whilst of course we hope that you will be fully recovered in 6 or less months, the doctor can only estimate.

Has the solicitor taken into consideration the duties under duress you may have ongoing? ie - if you have pain when you clean the kitchen, if you have pain when driving long distances, if you have pain when you pick the baby up/bath the baby, change it's clothes a billion times a day etc

The Judicial Studies Board (that insurers, solicitors and judges use as a guide on how to settle claims) suggest that for your type of injury, where symptoms are moderate and a full recovery takes place between one and two years would be worth £2,550 to £4,575.

To get the top end of that you would be suffering for the full two years, it would have affected your life in that you experienced suffering whilst doing day to day things as mentioned above (nb not that you avoided doing them), have had ongoing treatment such as physiotherapy etc.

To get the bottom end you would be suffering for just over a year, or maybe a little longer, but with less pain, suffering & loss of amenity.

Read the medical report thoroughly. If there's anything in it you disagree with, challenge it. If the medical expert hasn't mentioned something in their report which you consider to be pertinent to your case, get them to add it in. The reason it is sent to you before it's sent to the other insurance company sees it is so that you can ensure that it is a true and fair reflection of your injury.

The important thing is to think about it carefully, and don't feel pressured.

If you agree with the content of the report, then release it to the third party insurer and wait to see what the insurer will offer you. You will have had another month to think about it, another month to heal, and see how your shoulder is when having to deal with a wee one and see how things are.

Hope at least some of this helps

PS _ Congratulations & Best of Luck!

lindsaygalaxy · 19 March 2008 at 8:16PM

i was in a similar situation. after a year the other driver admitted fault. My recovery time form the doctor was 12 months. I settled at £2500 plus excess back (£500) and lost earnings. If i hadnt it was gonn go to court and after a year I just wanted it all finished with.

Personally I would take the money and draw a line under it. Due to my money I have been able to buy things that was needed without the pressure of saving for months!

madmoneysaver · 19 March 2008 at 10:38PM

V_Tricky, now that is one truely fantastic reply! So detailed and thorough and giving me some rational indication of what to expect next because to be honest I didn't have the foggiest what could happen next. Besides, I was wondering over tea time where the sollicitor got these figures from and of course realised that this was not an offer from the insurance yet so was a bit dazzled over it all.. You are right though about thinking about discomfort and pain when baby arrives, I found I struggled settling our toddler at night etc so now I'm gonna have to do a 2 hourly feed and billion times nappy changes again, it will be interesting to see how I get on. HUGE THANKS anyway for your ever so helpful post!!!

Lindsay, thanks very much too I know what you mean about wanting to draw a line under it, that's where the scales are tipping at the minute. Will give things a serious thought though as I don't like to rush into things.

Many thanks again to all who have kindly replied so far :-)

Car insurance injury claim -Should I settle now or not??? Please advise!!

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