Claim for whiplash?

Penketh

3 weeks ago I was a passenger in a car which was involved in an accident, I didn't think I had any injuries but the next day started suffering with shoulder/neck pain. I attended my local A&E and have since visited my GP too. The other driver admitted liability and I have just received a letter offering me £1000 as compensation for my injuries. I really don't want to come across as a money grabber!, but I've never been in this situation before and don't know what to do!!

I'm still having shoulder and neck pain and am worried that if I accept this offer I might be in trouble later. I have been offered a medical examination - but this isn't scheduled yet for another 5 weeks? Any advice would be gratefully received, I've been involved in situations in the past where I could have claimed compensation for injuries and haven't done so - so please don't think I'm just in this for the money. :shocked:

Thanks!!

Dangermac

Penketh wrote: »

3 weeks ago I was a passenger in a car which was involved in an accident, I didn't think I had any injuries but the next day started suffering with shoulder/neck pain. I attended my local A&E and have since visited my GP too. The other driver admitted liability and I have just received a letter offering me £1000 as compensation for my injuries. I really don't want to come across as a money grabber!, but I've never been in this situation before and don't know what to do!!

I'm still having shoulder and neck pain and am worried that if I accept this offer I might be in trouble later. I have been offered a medical examination - but this isn't scheduled yet for another 5 weeks? Any advice would be gratefully received, I've been involved in situations in the past where I could have claimed compensation for injuries and haven't done so - so please don't think I'm just in this for the money. :shocked:

Thanks!!

Whiplash can be painful. Clearly, this is a genuine claim, so it is worth pursuing. Dont feel guilty about it.

If your insurance policy comes with legal protection, I would speak with them, as they can appoint a solicitor for you. If not, there are still other options available.

You are 100% corrrect. No point in accepting an offer now, as the condition could potentially change over time.

Get some expert advice from a solicitor (i.e via the legal expenses cover - if you have it)

Hope this helps

DM

danielley

I had a crash on New Years Eve 2002 and I thought I only had very minor injuries so after a medical about 6 weeks on. I was happy when i was offered £1800.

Fast forward 8 years and I still suffer with my shoulder and often have to take painkillers just to get through the day sat at my desk. I have had to have physio which didn't really help (luckily I have employer private healthcare)

The reason for that I am still in pain has been described to me by a doctor because he said that the problem arises when there is an injury, the rest of your body overcompensates for the fact that you aren't able to function in the correct way and then it becomes the normal for your body to not use the injured part of the body as it has become habit. Then because certain joints/ ligatures aren't working how they should be, further damage occurs.

I haven't described that well, but its like when someone has an arthititic knee, they often then get a bad ankle, as they have been walking funny.

I think that 5 weeks is a short spell of time in the scheme of things. I would hang out for the medical. Even if it doesn't led to an increased offer, you might be able to negiotiate some physio or chiropractic sessions in addition to the money.

If I had known I would still suffer 8 years on, I wouldn't have settled so quickly.

Good Luck and I hope that you get sorted.

Penketh

This is where some of the confusion comes in!! I don't have any insurance etc, as I was a passenger in a friends car who regularly gives me a lift to work. When she put in her claim for damage to her car, her solicitors contacted me and asked me if I wanted them to act for me. Although they have been in touch with me I still don't really know what to do!

(on a side note "WHY do I feel guilty about claiming - 'cos I do!!)

Dangermac

Penketh wrote: »

This is where some of the confusion comes in!! I don't have any insurance etc, as I was a passenger in a friends car who regularly gives me a lift to work. When she put in her claim for damage to her car, her solicitors contacted me and asked me if I wanted them to act for me. Although they have been in touch with me I still don't really know what to do!

(on a side note "WHY do I feel guilty about claiming - 'cos I do!!)

You have 3 choices then:

1. Claim

2. Claim (and feel guilty)

3. Dont claim

If I was injured, I would probably claim.

Crazy_Jamie

You shouldn't feel guilty at all about claiming. You have been involved in an accident that has been caused by another person's negligence and have suffered injuries as a result. You have every right to claim.

Providing the other side have admitted liability in full and there is no question of your friend even being held partially responsible for the accident, there should be no issue with her solicitors acting for you. Ultimately thought it is entirely your choice. Whichever solicitor you choose to be represented by, they should represent you by way of a Conditional Fee Agreement ('no win no fee') in a case such as this.

In terms of your injuries, do not accept the offer whilst you are still suffering with symptoms. £1,000 equates to roughly a four week whiplash injury of thereabouts. Unless your symptoms have subsided within the next week, it will therefore show itself to be on the low side. When the time comes for your medical assessment you will be assessed whether you are still suffering with symptoms or not, and it is from the resulting report that both sides will assess the value of your injuries. If you are still suffering from symptoms a prognosis period will be given within which you can expect your injuries to subside. It is at that point that a revised offer of settlement will likely be made.

Just hang tight until then, and hopefully your symptoms will subside sooner rather than later.

Ralphy101

Dont take their first 3 offers... like any negotiation - they are trying to throw quick money at you - for you to be tempted to accept - thus saving them money in Solicitor Costs/ more Quantum ( valuation of the injury)

You need to go find a solicitor - attend a medico - legal report ( a report from an independt dr who will give a prognosis on your injury) - the prognosis will then determine the value of the claim.

For instance - the last time i looked the JSB guidlines ( book for valuing injuries) valued a 12 month whiplash as £2.5k. ( even though if youve had the whiplash 2 months - if the dr gives you a prognosis of a recovery in 10 months - thats a 12 month injury.

Furthermore - whiplash doesnt just affect the neck - you can have both cervical and lumbar whiplash ( thats neck and back) along with complications such as headaches , Pins and needles in arm etc. that all add to the valuation.

So if you havent already done so - speak to a solicitor - it wont cost you anything as the costs are recoverable from the Insurance company.

_ used to work for some large Insurance companies as a fraud advisor.

ninky_2

if you are genuinely suffereing whiplash (and i don't see why you would come here and lie about it) do not feel guilty. i would suggest that 1000 quid is probably not enough if you genuinely have an ongoing problem. can't advise whether to go with your friend's insurers or not but there is plenty of competition out there for your business.

PNPSUKNET

Does your friend take money from you, to take you to work?

Penketh

No, she doesn't take anything off me for the lift. Says she's going there anyway and enjoys the company!!

R3negadeuk

With whiplash you are looking at 750 - 2500. 750 is the minimum offer anyone could get for this injury. 2500 is if the symptoms still affect you up to 12 months after the incident. the latter is an extreme, I have not seen many(if any?) whiplash claims settled this high.

based on what you have said, your solicitor should be able to negotiate more than a grand, but it wont go much higher unless you have been seriously injured.