Personal injury claim after car accident

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Hi there,

I was involved in a car accident on Saturday (3/3/18) where the driver of the other car pulled out of a side street into the main road and I couldn’t break in time so I drove into him. He admitted liability there and then, I received a phone call from his insurance company later that day to advise me he’d put a claim in, admitted full liability and they would deal with my car repairs etc.

After the accident I was in no pain at all as I only hit him at about 15-20mph but the next morning woke up in absolute agony with neck pain to the point I can’t turn my head to the left at all. I went to the doctors yesterday morning who advised it was indeed whiplash and prescribed me with some painkillers and told me it’ll likely clear up in a few weeks. I have generalised anxiety disorder so it’s affected me more mentally than physically.

Now everybody around me has been telling me to put a claim in for personal injury but to be completely honest I have been reluctant as in my eyes my injuries could’ve been a lot worse. However I called the insurance company dealing with the claim yesterday to let them know I was being treated for whiplash and she asked if I wanted to put a claim in so I said yes.

After going through a load of questions she said I had 3 options. 1, take a cash sum they would offer me there and then and receive a cheque within 7 days. 2. Have a medical assessment and they would review the offer after that. 3. Something about rehabilitation.

She said they would offer me £500 based on what I told them so I said I’ll accept it as I wasn’t really expecting anything.

Anyway I’ve been advised to never accept the first offer and I should’ve said no. I received a letter today from them detailing the offer as full and final settlement. They are now awaiting my written acceptance and have included a mandate for me to sign and return. The letter also states that I’m free to seek legal advice if I feel it is warranted.

So my question is to anybody who may have been in a similar situation, do you think the offer is fair or should I contact them to say that I feel the offer is too low? The people I’ve spoken to have all said it’s not enough and after receiving this letter I should respond saying I don’t accept. What would happen if I was to do this? Should I seek legal advice from one of these no win no fee solicitors? I suppose I just want this over and not dragging out as I’m worrying that they might write my car off as it’s a 2005 punto that isn’t worth a great deal, which will be extremely infuriating considering I’ve just spent the best part of £800 before Christmas getting a new clutch and gearbox as well as getting it through the MOT. On top of that my own car insurance renews in 3 weeks. Perfect timing lol.

Any advice or input would be gratefully received as I’m sure it’s obvious I’m a bit clueless with all this as I’ve never had anything like this happen before.

Thank you.

Comments

  • pramsay13
    pramsay13 Posts: 1,952 Forumite
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    How much are you out of pocket?
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Better to get your own legal representation and not try and sort this yourself!

    (But beware any PM's you might get from ambulance chasers offering to help
  • tasticz
    tasticz Posts: 764 Forumite
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    Do you have legal cover with your car insurance? If yes, its time to use them nkw as they sre there for these things...

    If not, I would instruct my own personal injury lawyers as you might feel fine now but there could always be complications which may have significant impact on you for future. Not worth the risk...
  • FutureGirl
    FutureGirl Posts: 1,252 Forumite
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    The offer for £500 is a pre-med offer. If you don't accept it all they will do is send you to a medical expert to be examined, meaning you'll have a longer wait for any money. It's unlikely they will increase on a pre-med offer.

    If you're not happy with the £500, then either tell them you want to go to the medical expert, or seek legal advice. If you're happy with it, accept it - don't listen to what others around you think / say, it's unlikely they know what they're talking about.
  • Radiantfoul
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    i had some clown hit back left of me and made car go oppisite way to me travelling, he admitted fault etc and i too woke up in agongy, it then turned into worst as my back went into spasm, now the injurys come of worst then first thought! ive had to have various painkillers including diazepam for back spasms, was my doctor said get physio she advised me to claim as it be paid for as the NHS waiting list is too long and i would suffer for longer and maybe complicate the injuries, well now the other insurer trying to say it low velocity and i couldnt of been injured, i would advise personally follow the advice of the medical professionals and solictor like i am at the moment, it been 3 months now and ive improved massively but still cant lean over for extended period of time without my back going into spasms and i totally understand the anxeity side it took me 2 months till i drove again & even now on roundabout if someone quickly approaches it i have habbit of freaking out. SO get a solictor and leave them too it :) if you seen gp and they said it whiplash and personal injury solictor will get you phyiso which will help and send you to a medical specialist all this will help your case and claim.

    good luck
  • OnanTheBarbarian
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    £500 is the level of compensation for a soft tissue injury with a duration of a couple of weeks. So wait and see how your symptoms play out.

    The insurers are simply doing what is in their best interests, which is to get rid of you as soon as possible for as little as possible.,
  • [Deleted User]
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    Good morning, I was recently involved in an accident, a vehicle ran into the back of me and damaged my car.  The guilty parties insurance company accepted full liability.  i contacted my insurance company to log the accident and start the claim process.  I received a hire vehicle and my claim was going through.  Before my insurance company had even looked at the vehicle (they had a couple of pictures) they contacted me 1 week after the accident stating the claim was settled and a cheque was on its was (the cheque was an extremely low amount) and the hire car was being removed within 4 days.  I went into my brokers on Saturday 22nd and disputed this and told them i do not accept the payout as it was too low for the make/model/mileage of the vehicle and also how was i to get to work without a car once the hire vehicle is removed.  Under my policy I have a 21 day car hire agreement BUT as my claim had been 'settled in their eyes' i would only get another hire car for 48 hours!   Suddenly I have a very low amount of money to purchase a car in 48 hours!  What can I do - can i go to the financial Ombudsman Service.  I have told  my broker in no uncertain terms that I do not accept this payout and am currently waiting for their response 
    pat 
  • chanz4
    chanz4 Posts: 10,895 Forumite
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    Under 6 months normaly only go upto around 1600.  Your punto will get written off, but buy it back from them for about 50-100 or say the 500 plus the write off value, plus retention of the salvage
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
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