Car Accident settlement - Am I being offered enough?

Adam_K

Hi,

I was involved in quite a serious car accident for which another parties insurance company has accepted full liability for.

The insurance company asked me to go for a medical assessment so that they could compensate me for my injuries. The assessment detailed the following

· Neck and Back (whiplash type injury) – 12 months to recover from accident date.
· Frozen Shoulder – 12 months to recover from accident date
· Minor knee injury – 12 months to recover from accident date
· Small permanent scar to the back of my head

Based on this report they have offered me £3,500.00 which I feel is too low based on consultation of Judicial Studies Board - Guidelines for the assessment of General damages in personal injury cases 8th Ed.

Their position is that I have no right to measure the claim against these guidelines as it was one accident which caused multiple injuries which cannot be valued in isolation.

Can anyone give me an idea as to if £3,500 is in fact a reasonable in this case or not?

mumoftwins

My other half got £1800 for a whiplash injury alone, so your offer does seem a bit low. Maybe others will offer more advice

Troubled_Joe

Adam_K wrote: »

Their position is that I have no right to measure the claim against these guidelines as it was one accident which caused multiple injuries which cannot be valued in isolation.

They are correct in their assertion that multiple injuries are not to be taken in isolation and their respective values totalled up but it does not neccessarily make it a fair offer.

Go to your local university library and look at the available volumes of "Kemp & Kemp" which will let you find cases similar to yours along with the amounts awarded. Alternatively if you know anyone with an Athens log-in (a student or legal professional) then you could use that to search the Personal Injuries Quantum database.

There are many other factors aside from the JSB guidelines to consider, for example how active you were previously and how the injuries altered this (ie jogger would get higher general damages for broken leg than couch potato).

If you want my opinion on the basis of the info you've provided I don't think the offer is outside the realms of reasonableness.

Adam_K

Thanks guys,

Has anyone elese had a recent settlement for a simialr set of injuries which I could compare against?

cot1198

I was involved in motorcycle accident last year I had whiplash wrist damage and scares on both legs along with knee ligament damage, the best offer I got was £2200

lab-lover

5 years ago my OH was in a minor accident, car went into the back of him at traffic lights.

he got £2,000. for a whiplash inujury.

geri1965_2

My initial view is that the offer is not unreasonable, however, I suspect it's at the lower end of their valuation (especially as it's the first offer).

It is quite hard to value multiple injuries as there is invariably an overlap of pain & suffering.

I'd make a counter offer of £4,500 and look to settle at £4,000.

Adam_K

Thanks Geri,

I've pressed them pritty hard for a higher offer and been told they are not willing to negotiate.

Your right that it seems hard to get a handle on how much should be claimed here. I could do with some objective critera to value against.

Quentin

Why not get a specialist solicitor to deal with them?

geri1965_2

Quentin wrote: »

Why not get a specialist solicitor to deal with them?

Agreed - you can appoint a solicitor at any time in the life of the claim.

Has the offer been made in writing? They should really say in their letter that you are entitled to take legal advice on the offer, I know I had to do that when I worked for an insurance company and was dealing with an unrepresented claimant.

Unfortunately some people who work in insurance do try to take advantage of unrepresented claimants.

It might be worth telling them that if they do not make an improved offer, you will instruct a solicitor. That will cost them extra so they might think it worthwhile making an increased offer just to stop you from doing that.

Saversue

Injury Claim Advice Please
I have an appointment tomorrow with an Orthopedic Surgen to assess injuries caused by a car accident (October 2007) in which I was not to blame. I suffered whiplash and Lower Back/Leg Pain. I already had a chronic lower back problem any sensible advice please as I am starting to panic.