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Whiplash compensation - Fair Amount?
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# 1
gmc
Old 17-12-2007, 5:27 PM
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Default Whiplash compensation - Fair Amount?

My girlfriend was invlolved in an accident recently. A small van hit her from behind as she was waiting to pull out at a roundabout. She wasn't hit at high speed, but did suffer whiplash which was confirmed by her GP. She had a couple of days off work (should have been more but she was in the middle of a two week handover on a new job) and had discomfort when sitting and trying to sleep for about a fortnight.

She recived a call from the insurer offerring her 500 compensation for the whiplash (they haven't seen any medical notes etc as she didn't go to their GP) She told them she'd get back to them and this is why i'm posting here. Neither her nor I know anyone who has had compensation for this before so was wondering if anyone has had a similar experience.

I think it might be worth a bit more just on the basis that this is their 1st offer and she hasn't threatened any legal action.

Any thoughts are greatly appreciated.

Thanks
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# 2
x.x.x.
Old 17-12-2007, 5:33 PM
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hey, im not sure if this is a typical price,but ive had family who have recieved 1000 to 1200 for it..hope that helps =)
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# 3
ALYMAC76
Old 17-12-2007, 7:44 PM
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she doesnt need a solicitor, if your in england/wales say you will accept 750 for it, thats what i would offer or if you want to be cheeky say 1,000 or your going to speak to a solicitor
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# 4
SallyUK
Old 17-12-2007, 9:15 PM
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GMC

I've PMd you with regard to this, hope you don't mind.

Sal
x
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# 5
Mikeyorks
Old 17-12-2007, 9:31 PM
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Hasn't she got 'legal aid' as part of her Insurance - if so let them take up the reins. 1k appears to be around the 'going rate', for uncontested claims. Not much more if contested - unless there's real evidence of continuing trauma.

But do us all a favour and don't put anything the way of the 'ambulance chasers' - as suggested above
If you want to test the depth of the water .........don't use both feet !
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# 6
liames
Old 17-12-2007, 9:37 PM
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Hi gmc

Accept the third offer as I do not think they will offer any more. At least that is what happened with my daughter. Not sure but I think she got about 1200.
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# 7
toadyfrog
Old 17-12-2007, 9:44 PM
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i had a similar accident hit from the back at traffic lights. my insurance company put me in touch with a solicitor and they handled everything i was sent for an examination with their doctors. i received 2500.00. i was in quite a lot of discomfort, and suffered headaches after. i also received physio.
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# 8
Mr Bear
Old 17-12-2007, 10:26 PM
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offer not too bad actually im a little suprised

if you have any doubts tho why not run it past a good local solicitor?
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# 9
V_tricky
Old 17-12-2007, 11:34 PM
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According to the Judicial Studies Board (which insurers use based as a guideline on cases that have been run through the courts the previous year)

(c) Minor

Minor soft tissue and whiplash injuries and the like where symptoms are moderate:


(i) and a full recovery takes place within about two years; 2,550 to 4,575

(ii) with a full recovery between a few weeks and a year. 750 to 2,550

Personally, I would ask for 1000, but expect to get 750 - for a few weeks, that's pretty reasonable.

If they say no, and send her to a medical expert, that's going to cost them another 200 anyway, and for the extra amount it's probably not worth their while to argue - particularly as it's so close to the end of the year and they will have settlement targets, closed file targets and time to settle targets to achieve.

I would expect a 500 settlement on an injury which was a little bruising lasting a couple of days with no time off work.

Hope this helps.
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# 10
gmc
Old 18-12-2007, 6:30 PM
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Hi,

Thanks for all the responses everyone. From the above info, I think she is probably due 1000-1500. She'll proabaly go down the route of -'I've spoken to a solicitor and he feels its worth around xxxx' and see how they respond.

I'll pass all of the info on to her and will let you know how she gets on.

GMC
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# 11
V_tricky
Old 18-12-2007, 7:13 PM
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IMHO Based on what you've said, 1000 would really be your top whack - claims settled at 1500 are often injuries lasting 5-7 months, often have required a short physio session, a couple of doctors attendances and have often had affect in some way on peoples work & domestic arrangements.

There's no point in getting your hopes up unrealistically. Also, you have to play off whether it is worth it to take 750 now (which sounds based on what you've said) a fair settlement, or have to wait another few months for a medical report to be done (along with the associated hassle of having to attend the medical, review the report to check it's all agreed, and send it back), just to get a similar offer or not much more at the end of it.

Just be grateful that she wasn't more seriously injured, and try to get a fair settlement without milking it.
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# 12
maisy-mai
Old 18-12-2007, 9:11 PM
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I got £2000 settled this year
had whiplash over 18 months in constant pain
had 6 months of physio,
oestopath 20 sessions (they paid )
it caused muscle to constantly be in spasm , and a disc prolapse in my neck . was in constant pain couldnt look up or turn my neck for months !!!
I had numerous medical statements to back up .

I also had a medical for the insurance company . was told that £2000 is the top end of a whiplash payment so £500 for a couple of weeks maybe about right .
one think I have now learnt if you do have a bad whiplash your neck will never be 100% again . mine still plays up now on odd days 2.5 yrs on and still visit the oestopath for this !!!!

I did claim my full wages when I was off sick on top of payment. as I was on basic pay and lost alot of overtime my employer submitted evidence to back this up .

good luck
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# 13
Mr Bear
Old 18-12-2007, 11:04 PM
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maisy think you offer is v much on the low side from what you say

i think a figure of 750 quid is v much top end for a few weeks injury would take 500 if they dont increase it
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# 14
ryandj
Old 19-12-2007, 1:07 PM
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I got 1100. Their first offer was 1000 but I am of the thought that with bargaining you should never accept the first offer.

I had not a serious bit of whiplash, but the main problem was that I could not run for a few weeks and was in the build up to the London Marathon!
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# 15
inkie
Old 19-12-2007, 1:15 PM
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On a similar line then, how much would you expect to receive when negligence is proved which results in # metatarsal and being in plaster for 10 weeks and off work 18 weeks? Still having problems with foot over 12 months since injury.
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# 16
V_tricky
Old 19-12-2007, 8:10 PM
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Quote:
Originally Posted by inkie View Post
On a similar line then, how much would you expect to receive when negligence is proved which results in # metatarsal and being in plaster for 10 weeks and off work 18 weeks? Still having problems with foot over 12 months since injury.

Too many variables really to be able to put a value based on a couple of sentances, but here's what the JSB Guidelines say. This is just for the PSLA (pain, suffering & loss of amenity) / general damages payment - loss of earnings would be on top

f) Moderate

Displaced metatarsal fractures resulting in permanent deformity and continuing symptoms. 8,150 to 14,500



(g) Modest

Simple metatarsal fractures, ruptured ligaments, puncture wounds and the like. Where there are continuing symptoms, such as a permanent limp, pain or aching, awards between 4,000 and 8,150 would be appropriate. Straightforward foot injuries such as fractures, lacerations, contusions etc. from which complete or near complete recovery is made would justify awards of 4,000 or less. Up to 8,150
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# 17
V_tricky
Old 19-12-2007, 8:49 PM
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Just out of interest, Irish claims are dealt with very differently - I haven't looked at the value put in their book to see how they compare with English & Scottish claims, but it's interesting nonetheless:

http://www.piab.ie/pdf/BookofQuantum.pdf
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# 18
Tori Bellatrix
Old 19-12-2007, 8:50 PM
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10 years ago, I had an accident where someone drove into the rear of my car whilst I was at traffic lights ... It took about 18 months and I was awarded £3000.

This year, unfortunately, I had a front end smash with a lorry in August (non-fault) and suffered a fair amount of whiplash and bruising (still suffering from neck and back problems). I've already had physio, numerous docs appointment and a private medical appointment so am currently waiting to hear from sols what they assess my claim at.
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# 19
V_tricky
Old 19-12-2007, 8:58 PM
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Quote:
Originally Posted by Tori Bellatrix View Post
10 years ago, I had an accident where someone drove into the rear of my car whilst I was at traffic lights ... It took about 18 months and I was awarded 3000.

This year, unfortunately, I had a front end smash with a lorry in August (non-fault) and suffered a fair amount of whiplash and bruising (still suffering from neck and back problems). I've already had physio, numerous docs appointment and a private medical appointment so am currently waiting to hear from sols what they assess my claim at.
It entirely depends on what the medical expert you visited for the report has said in their report - particularly with regard to your prognosis. This is why it is so important to tell them everything - how you have suffered - ie at work, at home, doing the decorating, picking up the kids, while driving, etc etc
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# 20
Mr Bear
Old 19-12-2007, 9:19 PM
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agree re metatarsal what is the prognosis?

difficult to value whilst symptoms continue really
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