Whiplash claim problems

frankwest

Hello,

Just wondering if anyone has any advice - I'm currently claiming for a whiplash injury sustained while driving someone elses car. So far things have been progressing but I am a bit lost at the moment.

The extent of my injuries so far has lead to 9 weeks off work, and the need for continued therapy with a chiropractor every 4 weeks since the accident.

My solicitor advised me I could be awarded a sum of between £3500-£4000- however I am concerned this will not cover the cost of any longer term rehabilitation. No official offer has been made by the at fault drivers insurance company as yet.

To complicate matters - the consultant who reviewed my case has stated I should be back to normal in February this year. This is not going to be the case. I am concerned any offer made to me will be in line with his findings, that I do not feel are an accurate assessment of my condition.

What is best? Pay for a private consultation to challenge the inital consultation? Or wait and see what offer is made before deciding which course of action to take?

dacouch

You are entitled to be in the same position as you were before the accident, the other Insurers will consider paying an amount for the actual whip lash, loss of earnings and the cost of contining therapy etc.

You normally have a meeting with an independant doctor chosen by you and the other insurer and their job is to provide a report so that your solicitor and the other insurers can calculate how much to pay you.

I would suggest you speak to your solicitor to ask him how to proceed as they will be trying to get you the most posible as it is in their interests

Nomad25

This is not going to be the case.

Your post would imply your medical knowledge is better than the consultant's? I am sure you could get a 2nd or 3rd opinion, but bear in mind they might agree with the 1st.

geri1965_2

Nomad25 wrote: »

Your post would imply your medical knowledge is better than the consultant's? I am sure you could get a 2nd or 3rd opinion, but bear in mind they might agree with the 1st.

Of course he isn't, but the medical expert is giving a prognosis (i.e. opinion) and the OP is the one who knows what symptoms he is still experiencing!

frankwest, you are not obliged to agree to any settlement before you have recovered - if you are still experiencing problems, you need to get re-examined and an additional medical report obtained. You should ask your solicitors to approach the other side with a view to agreeing to pay for rehab. Most insurance companies have their own rehab providers.

SolicitorMidlands

You should wait out your prognosis period if you feel that strongly. If you have not recovered, you should instruct your solicitors to obtain your updated notes and records and instruct the same expert to re-examine you. However, there is no guarantee that the expert will alter his prognosis or that waiting will result in a higher offer being made.

However, you do not state when this accident was so I cannot advise you on the value of your claim based on the current evidence.

Unless you have ongoing symptoms and this is supported by the medical expert, you will not recover further rehab costs. Furthermore, you have a duty to mitigate your loss and you can approach your GP and ask for a rehab.