Car Accident settlement - Am I being offered enough?

debsy42

You really need a solictor who is experienced in this kind of thing. When I claimed for my injuries I was offered an amount of money and my solicitor at the time asked if I wanted to settle. Thing was I had no idea if it was a good or bad offer. I ended up changing to another solicitor who was brilliant. He advised me that he thought it was too low and advised me to carry on with the claim. I ended up with three times the original offer thanks to him.

fifitrix123

I was paid £6500 for whiplash injury. It was the idiots 3rd crash in a year with daddy buying him a sporty car and they begged me not to go through insurance, what did that tell ya!!
Hold out for more if you can.......

Adam_K

Thanks guys all good advice please keep it comming!!!

I went to my own insurance company today and asked to speak to one of thier pannel as I have paid for legal protection.

I was told they will not just offer a small bit of advice but would only manage the whole cliam and I'd likley recive less if I bothered them with the problem.

I thought this was a pritty crappy trick to play, but they have been fairly un-interested and more keen on letting me fend for my self though-out the processes.

I pressed for a solicitor and have finally got through to one who will now take up the case on my behalf.

Quentin

You don't need to take a press ganged solicitor from your legal protection insurance.

You can instruct your own - the fees will be paid by the third party, so you don't have to worry about that.

mattymoo

Adam K - good on you for even knowing about the JSB Guidelines, sounds like you've done a pretty good job fending for yourselves.

I would be tempted to go back to the insurers with a counter offer of £4,500 like Geri1965 suggested earlier. Explain that you are minded to settle but feel their offer is on the low side and that unless there is movement, you will consult a solicitor.

If they can see (hear) you are being reasonable, they ought to recognise that any solicitor is going to rack up a bill of £2k just for taking on the case and they will be liable for this. Would make sense to add £750-£1000 for your payment now and be done with it. If they do not play ball, I'd follow through with the threat, after all, you don't owe them anything.

Have your special damages been agreed?

Adam_K

Hi Matt,

I actually first learned about the JSB guidlines I think from reading a post by you a few months ago and got my self a copy.

I've been back to the insurance company with a counter offer already, to which they've gone away for a week and told me they are not prepared to negotiate and their first offer is their final offer.

I may drop them an email to let them know I am now appointing a solicitor and see if that jangles anything.

Do you have any feeling if the offer on the table is on the low side or not Matt?

mattymoo

I wouldn't like to comment because I am very out of date with current compensation levels. Although I still work in insurance, I last dealt with PI litigation back in 1994.

Were you happy with the med report? To what extent did the injuries affect your life? If you did the typical bloke thing of playing down the injuries then the med report will say "coped well with his injuries, full recovery will be made" etc. Can result in a lower offer than if you had played on the injuries like some might.

Scarring is also played down for men as well. A permanent scar on a woman would result in a much larger payout, particularly young attractive females. Sexist I know but the insurers are mindful of what some old duffer of a judge might award if he were swayed by her looks / suffering.

If you do go down the Kemp and Kemp route suggested earlier make sure you understand how the book works. The reported cases cover a time span of 30+ years and the amount awarded is shown at its original value. You then need to refer to a chart at the front (IIRC) of the book that shows the inflation uplift you need to apply to that figure.

This might be as follows:-

£2000 awarded in 2005 + 20% inflation = £2400
£2500 awarded in 1980 + 300% inflation = £10,000

The inflation rates do not follow standard cost of living rates. The figures I've used are wild guesses as well.

geri1965_2

Saversue wrote: »

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.

There is no reason to panic, just tell the doctor how your injuries are affecting you. He will probably already have your medical records so he will know about your existing problem, if not you should mention it - it won't affect your claim as the injury will more than likely have exacerbated it (it makes it slightly more complicated to assess what kind of offer to make, but that's not your concern).

Don't be tempted to exaggerate as they can often tell.

Has this been arranged by your own solicitor or by the other party's insurers? Medical experts are supposed to be independent so it shouldn't make that much difference.

Saversue

Thanks geri1965. I am using my own solicitors, arranged by my Insurance Company, as I have Legal Protection. The medical with the Orthopaedic Surgeon. seemed to go OK, but still waiting to hear.
I also had an appointment with a Professor of Psychiatry,who had been sent over 100 miles especially to see me. That was a real shock. I was told to expect the appointment to last up to 3/4 hour, it lasted 2 hours.
I have been diagnosed as suffering from Post Traumatic Stress Syndrome and I am being referred for private therapy,so I won't have to wait too long. Apparently the Solicitors handling my case are very good.
If anyone else has received treatment for PTSS after a car accident I would like any information/advice.

carter09

I have also been in an accident which wasnt my own fault.

I have found the whole claim aspect a total nightmare and dont feel supported by my solicitor.

i also had issues with the medical report but this has been resolved.

i have ongoing pain in my back and have received several weeks of physio for this but still uncomfortable and i know something isnt right with it.

im feelin pressured to settle for 1000-1400. i feel the valuation is too low, but feel like i have no choice to settle as i have now been told if i wait to see an orthapedic doc and they find that the injury isnt related to the accident then i will have to pay the fee for the examination.

there is no doubt that the injury is accident related, i have never had any problems in past, but due to feeling unsupported and the general nightmare that has been the claim i am anxious about seeing an orthapedic doc. any ideas?