Car accident - 3rd party liability Q's

charlievwp

Last Tuesday (1st April) a car pulled from a side street into the side of my car.
My car looks like its going to be a write-off and i'm just waiting for confirmation of this.

I have suffered minor whiplash causing pain in my neck and top of my right shoulder - subsequently causing headaches.
I went to A+E on the day, and back to my docs on Friday 3rd for a follow up and prescription for anti-inflammatory painkillers.

Physio is being arranged shortly which I have been advised I will not have to pay for. Phew!
Thankfully no loss of earnings and I have been provided with a courtesy car.

Full liability has been admitted from the other side.

Vehicle Insurer: HSBC
Injury Claimants: Minster Law

I've not been in this situation before and would really appreciate to hear any advice from people regarding injury claims:
1. Should I wait until the injuries have subsided before accepting a full/final offer?
(If I was compensated but the injuries continue - can you claim subsequent costs etc at a later date?)

2. Should I always refuse the 1st offer?
I've heard this should always be done?!

3. How long can these things take?

With regards to the car and probable write-off.
4. How much choice do I have over pushing them for a better valuation?
The car was a 2007, low mileage, well treated, immaculate show-car. I am worried that they might not take this into consideration and offer me less than I deem acceptable.
5. Can knocking-back an offer jeopardise anything? (in respect of the car or the injury)

Thanks very much peeps x

geri1965_2

1. Should I wait until the injuries have subsided before accepting a full/final offer?
(If I was compensated but the injuries continue - can you claim subsequent costs etc at a later date?)

You don't have to, but I would advise it. Once you have accepted an offer, you can't go back and claim any more.

2. Should I always refuse the 1st offer?
I've heard this should always be done?!

Not necessarily, it depends how reasonable you think it is. There is usually a little bit more to be gained from haggling though.

3. How long can these things take?

How long is a piece of string? It really depends on how long your injury takes to get better.

With regards to the car and probable write-off.
4. How much choice do I have over pushing them for a better valuation?
The car was a 2007, low mileage, well treated, immaculate show-car. I am worried that they might not take this into consideration and offer me less than I deem acceptable.

Can't help with this. Maybe you should cross that bridge when/if you come to it.

5. Can knocking-back an offer jeopardise anything? (in respect of the car or the injury)

It depends - if it's a Part 36 offer you need to take it seriously, because if you reject it and later fail to beat the offer in court (if it gets that far) then it has implications for recovery of costs. Hopefully it won't come to that.

mattymoo

charlievwp wrote: »

I've not been in this situation before and would really appreciate to hear any advice from people regarding injury claims:
1. Should I wait until the injuries have subsided before accepting a full/final offer?
(If I was compensated but the injuries continue - can you claim subsequent costs etc at a later date?)

2. Should I always refuse the 1st offer?
I've heard this should always be done?!

3. How long can these things take?

With regards to the car and probable write-off.
4. How much choice do I have over pushing them for a better valuation?
The car was a 2007, low mileage, well treated, immaculate show-car. I am worried that they might not take this into consideration and offer me less than I deem acceptable.
5. Can knocking-back an offer jeopardise anything? (in respect of the car or the injury)

1 - wait till injuries subside or you have been given a long term prognosis of any long term problems. You only have one bite at the cherry - the settlement will be full and final. You cannot go back for more at a later date.

2 - The valuation of injury claims is very much a subjective matter. Your solicitor will read the medical report, pick out the worst parts and have a figure in mind. The other sides insurers will read the same report and pick out the best bits and have a lower figure in mind. It is then down to negotiation between the two and your solicitor will tell you whether he thinks it is a reasonable offer.

3 - The car aspect can be sorted in a matter of weeks. The injury side - 6-12 months for a normal whiplash claim where pain subsides after 3-4 months. Part of the delay is usually getting the medical appointment.

4 - The car will be worth what people were prepared to pay for it prior to the accident. This is determined by looking at trade guides Glasses and CAP. There is no room for sentimental value in this. You should however expect to see a value at the top end of the bracket if the car was in excellent condition.

5 - Knocking back an offer does not jeapordise anything. However, if you repeatedly do it without any convincing reason as to why the offer should be higher, your solitor may lose patience with you.
EDIT - Geri's comments re part 36 offer apply if litigation has already commenced and court papers served. From the sounds of your case, I doubt it will get that far.

charlievwp

Fantastic, thanks to both of you!
Your responses help me a lot.
I've just got to sit tight and wait for the insurance to get back to me (supposedly today or tomorrow)

Fingers crossed! Thanks again

geri1965_2

mattymoo wrote: »

EDIT - Geri's comments re part 36 offer apply if litigation has already commenced and court papers served. From the sounds of your case, I doubt it will get that far.

Part 36 offers can be made at any stage in the claim.