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insurance payout advice

on the 18th i was involed in an RTA where a woman rammed the drivers side of my car.

the door was shunted into my side and was jammed shut. , the damage carrying on to the rear side door

she has accepted liability and it is in her insurance companys hands which is SAGA

they contacted me regarding the injury i sustained, being comprised off a very painfull, stiff lower back. the pain is constant, i can not sleep properly, i cant sit or stand for more thna 10 minutes and am constantly restless trying to get comfortable.
my sex life has also been affected as i can not move my lower back easily.

bending to pick things up is extremly painfull, climbing stairs is also very painfull
also on medical advice i am unable to scuba dive, having to cancel plans made to dive over the Xmas period and i can not dive for a minimum of 8 weeks tho my GP has said it will probably be longer. i normaly dive on a weekly baisis . .

in addition to this the impact has affected a prexisting knee complaint increasing the pain i already suffer considerably to the exstent that my existing prescribed pain medication is unable to even take the edge off it.

carry items such as shopping is very painfull to carry more than a medium sized shopping bag with groceries

i an unable to walk far, and what i can do is taking atleast twice as long

i dont work at the moment due to mental health issues which are close to being resolved.

For this i have been offered £500 for the injury without seeing the medics. and they were "unable" to tell me what it could be with seeing them,

is this a reasonable payout or are they trying to fob me off? given my Mental health issues i am very bad at dealing with things like this and i dont know where i stand and i am afraid of being mucked around.
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Comments

  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As far as i know their insurance company should be contacting your insurnace company. Contact your insurance company and take advice from them. Forward to your insurance company any correspondence.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • i did ask my insurance co but they were unbable to offer any advice formaly but the woman i was speaking to did say to contat a no win no fee no cut lawer
  • "my sex life has also been affected as i can not move my lower back easily."

    must have one boring sex life if you're considering £500 as a potential compensation:rotfl: :rotfl: :rotfl:
  • thats the thing i though 500 seemed pretty low
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    See a lawyer. It is extremely low. Keep and copy all documentation before handing anything over
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • ive spoken to a friend the car industry who has said that i should look at 1k plus, so i will be contacting SAGA tomorrow to get them to either uo the ante or i will do it through the courts. any sugestions on what i need to be saying to maximise my payout?
    i know it sounds grabby but it realy will affect my mental heath conisderably as i cant dive which i use for therapy and i cant cook properly which is my creative outlet for my self.
  • "my sex life has also been affected as i can not move my lower back easily."

    must have one boring sex life if you're considering £500 as a potential compensation:rotfl: :rotfl: :rotfl:

    This is a pathetic and unuseful comment.
  • Paul_c - there is no need to go to court as yet. The offer you have been made is based on there being no medical evidence - you are effectively being paid to go away.

    You need to seek legal advice. Do you have extra legal cover with your motor insurance? If not then you can contact a solicitor direct or use a claims management company. It is likely you will be able to get advice and have your claim dealt with on a 'no win-no fee' basis.

    It is very soon after the RTA and you will need to give your injuries time to settle. You will be referred to a medical examiner who will assess both your injuries and can record your comments on the pain and the effect the injuries have had on your day-to-day life. It is not unusual for people to include the detrimental effect on their sex life and hobbies as part of the claim. This is called 'loss of amenity'. The remainder of your damages claim is for 'pain and suffering'.

    If you/the medical examiner believe there has been psychological damage you may then need to be assessed separately for this.

    I hope this helps. Please do seek some legal advice as soon as you can.
  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    Sounds like their opening gambit to me. Of course it's too low - they can't assess your injury without medical evidence.

    It sounds like you are pursuing it personally - you'd be better off instructing a solicitor to act on your behalf.

    Did they tell you that you have the right to seek advice from a solicitor? If not, that's a bit naughty of them and they could be seen as trying to take advantage of an unrepresented claimant.
  • They probably think you are trying it on and that you will be afraid to go for a medical exam to assess the injury. Show them how serious you are by telling them that £500 is not sufficient for injury and the pain/discomfort and distress this is causing you. Don't forget to tell them that the injury and the stress of accident and ongoing claim is having an adverse effect on your mental health.

    Good luck
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
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