Advice please - Direct Line injury compensation offer

JameZee

Hi there

Hope someone out there can give me a bit of advice-


In Jan this year, my OH was hit from behind by a driver travelling at approx. 50mph (she was stationary) She suffered quite bad whiplash and still has problems with her shoulder clicking in and out and stiffening up.

Direct Line are the other parties insurers. They sent her for "physio" which just consisted of a doctor examining her and asking how painful it still was etc etc.

She has had a call offering £1600 which seems a bit light considering her ongoing issues with her shoulder.

She has been told that if she rejects the first offer, there will be no counteroffer and she will have to take legal advice. Direct Line are sending out all the information so she can hand it to a solicitor.

What can she do next, she doesnt want the stresses of a legal case and we are not sure on how to proceed with this...

Can anyone give some constructive advice or share similar stories?

Ta

Quentin

By a legal case do you mean a court case? That will be unlikely.

You should be using your own solicitor/claim handler to fight your corner. Talk to a claim handler now and see if they will take you on.

JameZee

What would the process be then, what if they fail, does she lose out completely?

Quentin

No.

They will only take on the case if they expect to win. As you already have an offer you clearly have a winning case.

But you do need to get independent advice. Even Direct Line are acknowledging this by telling you to take advice.

As her problems are ongoing, it would be downright foolish to take their offer now - it would be considered final.

danlojo

Last year when someone hit me and my 3 kids from behind my legal team took it on as I had legal cover on the insurance.

I was initially offered £1700 however, I was hospitalised through A & E and still have problems a year on with my left shoulder and neck. My children were ok, however an additional claim was made for our childs car seat.

Eventually I was offered £2400 which I accepted although I was advised not to by me legal team as I was still suffering the consequences of the crash.

I was sent for a medical 3 months after the accident by their insurance company and the medical offer was done from that.

I would get advice as to whether it is worth pursuing any further. I would gladly give all the money back to regain my health back any day.

The problem insurance companies have is people 'claiming' (and I'm not saying you are) to have whiplash as it is hard to specify on a claim as anyone can feign neck pain.

Good luck!!

JameZee

Will the solicitor/claim handler take their fee from the Compensation you receive? So say, our solicitor fights our corner, the comp goes up to £2600 but the fees are £1000, are we back to where we were?

Apologies for my naivety here

Quentin

No. The solicitor's fees get paid by Direct Line. Make sure that is clearly stated (but you will have no problem getting this clarified by the solicitor)

JameZee

Thanks for all your help guys, can you suggest any good claim handlers or are they all pretty much the same?

danlojo

My case was taken on by the legal team through the insurers so I cant advise on who to go with.

Good luck again!

Quentin

You could talk to your local (respected) body shop/insurance broker/solicitor for recommendations.

TheRedAdmiral

I agree with an earlier poster. Make sure any solicitor you use confirms (in writing or by email) that there will be no deductions from your offer and that you will not be required to make any payment up front.

I have never asked a client for any money and dont intend starting now.

As a bit of guidance to the original poster. Direct Line - as do all RBS companies - use Settlement Software. I wont name the software firm but there are two main players. The software is designed to minimise cost to the insurers.

I personally take the view that when an RBS (Royal Bank of Scotland) company is on the other side (eg Direct Line, Churchill, NIG and others) I know I will issue court proceedings cos I know that only when RBSs solicitors are instructed will I get a decent offer.

I had a case last week when a £1400 offer was made. It settled for £2200 after proceedings had been issued!