Whiplash claim info

maximus999

Hi all,
I dont know if i am in the right section or not but here goes.
on 27th november I was invloved in an accident were a 4x4 coming out of a side street could not stop and hit the rear passenger side wheel side of my car putting me into a spin. All seemed fine apart form the car needing a bit of work done to it which their insurance company have been really good at by the way of sorting me a courtesy car, repairing my car which is due to be collected today and for handling my injury claim themselves. The day after the accident i was woken at 4 in the morning with a headache and pains in my lower back, neck/shoulders more so on my left side than my right and a dead right arm were i was flung into the drivers door card.
Their insurance said they would sort this claim out when i rang them and advised me to ring back when the pain/symptoms have gone which i described to them. The pain which i am in i would class as minor and will probably go in a few days to a week to which i am currently off work for. I dont want to milk the whole whiplash thing but am i wise to go through their insurance for the personal injury claim? they advised me that it will be faster to go through them and i would receive a larger payment (i know it wont be massive) as they dont have to pay any other insurance or solicitors costs.
Can anyone advise on this and what sort of compensation will i be looking at. BTW I have been to the doctors who gave me co-codimol and said it is whiplash but did not say to what degree and told me to come back after the self cert note runs out in 5 days to receive a sick note if i feel i need it.

Many Thanks

iamana1ias

maximus999 wrote: »

The pain which i am in i would class as minor and will probably go in a few days to a week to which i am currently off work for.

If your employers are paying you more than SSP while you're off then they're entitled to claim those costs (plus any cover they've had to pay for) back from the third party too.

maximus999

Thanks for the reply, I will receive full payment from work and i have told their insurance that i wont be claiming these from them, I am an honest person. Also I dont think i will need the courtesy car thats providing my car will be fixed in a week as i believe i will be fully better within a week.
If it was up to me i probably wouldnt go for the injury claim but my better half is adimant i should for obvious reasons. What sort of compen would i be looking at. I have been looking through these sites which claim compensation for whiplash and they are coming up at a minimum of a £1000 which i believe to be massive, but on the other hand i dont want to be fobbed off from the insurance because if they offer me £300 i would probably take it but the wife will do her nut so i am looking for a figure which will keep everyone happy.
Its hard to think I am the one with the injury isnt it. Haha

Thanks

iamana1ias

maximus999 wrote: »

Thanks for the reply, I will receive full payment from work and i have told their insurance that i wont be claiming these from them, I am an honest person.

No. Your company is losing out by paying you to be off work so it's your EMPLOYER that can claim this back from the third party, not you. You're not losing out.

You must inform the third party insurer that your employer may also claim from them and then pass on the details to your employer.

Quentin

maximus999 wrote: »

Thanks for the reply, I will receive full payment from work and i have told their insurance that i wont be claiming these from them, I am an honest person.

Nevertheless your employer may want to make a claim off them.

You really ought to have your own solicitor dealing with this now that you have a PI claim.

Totally relying on forum posts to be sure you are getting fair treatment from the third party's solicitor is a little naive!

(They say they will "pay you more" if you don't use a solicitor, but how will you be sure - and there are some reputable no win no fee solicitors who will also pay you a commision for instructing them on top of any compensation they get for you - google cashback claim handlers)

maximus999

Thanks again for the replies, i will inform my line manager to see how they want to proceed.
As for going through them for the claim, they did say if i was not happy at any time I could seek legal advise or go to a solicitor to seek compensation if i was not happy.
To be honest they have been really good up to now and very prompt. so i will see how it pans out

no-oneknowsme

I have never been involved in an accident myself but my OH has.

On the first occasion OH felt ok in the first few days after the accident then began to have some pain in the neck , back and shoulder area. Visited the Doctor and was told it was minor to moderate whiplash . Think it was a week off work and the pain remained for around 2/3 months and then gradually eased but did NOT go completely .

For this accident we instructed a solicitor to act on OH's behalf as we had legal cover on the policy . The first offer of compensation from the third party insurance company was £1k which the solicitor refused . Second offer of £2k was also refused and the third OH wanted to accept as we thought it was more than a fair offer . This third offer was £2,700. This was around 2007.

The next accident OH was involved in was pretty much the same . Third party went into the back of our car . Symptoms were pretty much the same as the last time but appeared the very night the accident occured. OH went to A+E and was told that this second accident had caused the symptoms from the first accident to flare up again .

On this occasion we did not involve a solicitor at this stage as the third party insurer assured us they would deal with it without the added expense (to them!) of a solicitor and so we let them do so.

After a few weeks we got an offer from the insurance company to say that they had decided that an offer of £1k was appropriate . They said that upon examination of OH's medical file their offer was in line with what the final offer would turn out to be.

OH was not happy with this offer as to be honest , this second accident HAD caused more pain etc that accident one.

We telephoned the third party insurers up (who also happened to be OH's company) to say that we felt their offer was too low and the snotty woman on the phone told us that "thats about all your going to get so i would advise you to accept it now" to which OH stated that it was ok ,we would now involve a solicitor and make use of our legal cover . Snotty woman replies "ok then you do that" and promptly hangs up the phone !!!

Within a few weeks our solicitor had sent OH to see the "big Doctor" and just a few weeks after that OH recieved a compensation cheque from the insurers for £4,000.

Bit of an increase on the 1k Miss Snotty said OH's injuries were worth lol.

I know i have went on a bit here but its all relevant . Just wanted to tell you that the third party insurer do not have your best interests at heart , they will make you an offer which is good for them ....not you !!!!

My advice to you would be to instruct a solicitor to act on your behalf if you have legal cover on your policy . If not , then google persoanl injury solicitors who will take your case on no-win-no-fee , a lot of them will even pay you a fixed amount upfront just for bringing you case to them . Think £3-500 is normal ?

Hopefully this helps.

ps On both occasions the third party who ran into my OH was insured with the same company as OH was.....strangely enough when it came to time to renew OH's policy they quoted a ridiculous figure to renew....think it was their way of saying "think you have had enough from us and we dont want you anymore lol"

Alison_B

I am probably going to get baited for this but you said that the whiplash was only minor and would probably go in a few days to a week, so why are you making a claim? I know it seems to be the done thing nowadays but it so makes me annoyed that what used to be seen as something you got over after an accident is now just seem as a quick way of getting money.

My brother-in-law was involved in an accident last week. He is a driving instructor and the pupil had passed her test and he had gone out with her in her car to do her pass plus. They had parked up at the side of the road and he was giving her instructions on what to do next. A car ran straight into the back of them - he had been on his phone or messing with his sat nav. They had to close the road, the police were called and the girl had to be cut out of her car as the man had hit them that badly. My brother-in-law has got whiplash, cut himself quite badly in the leg and suffered severe shock but he is not making a claim.

It it is about time that the insurance people stood up and stopped making payments for minor injuries like this and maybe then people won't think that it is their automatic right to make a claim and get money.

mikey72

Alison_B wrote: »

I am probably going to get baited for this but you said that the whiplash was only minor and would probably go in a few days to a week, so why are you making a claim? I know it seems to be the done thing nowadays but it so makes me annoyed that what used to be seen as something you got over after an accident is now just seem as a quick way of getting money.

My brother-in-law was involved in an accident last week. He is a driving instructor and the pupil had passed her test and he had gone out with her in her car to do her pass plus. They had parked up at the side of the road and he was giving her instructions on what to do next. A car ran straight into the back of them - he had been on his phone or messing with his sat nav. They had to close the road, the police were called and the girl had to be cut out of her car as the man had hit them that badly. My brother-in-law has got whiplash, cut himself quite badly in the leg and suffered severe shock but he is not making a claim.

It it is about time that the insurance people stood up and stopped making payments for minor injuries like this and maybe then people won't think that it is their automatic right to make a claim and get money.

More fool him.
So he's not claiming loss of earnings either? Or is he teaching in a hire car that he's claimed for, while suffering from shock?
I hope his pupil puts in a serious claim from the third party.

maximus999

Hi, just on the back of the last message left.
Firstly as my wife said it was not my fault, I am in pain although not life threatning, I was driving along minding my own business when another driver not driving correctly may i add braked to late resulting in me being hurt along with damage to my car, so why should people not claim for the injuries inflicted. As i said i am not milking it and been truthful throughout and i am not going to milk it for years to come.

So let me put your comment this way and reverse it around on you, you were in a crash and lost a leg through an error another driver made Would you not claim? judging by your last comment you would not because it would be so easy to get money, please get a grip on reality.
I have been injured through no fault of my own, this is my first claim for any compensation ever in my life and why should i not.

The person you mentioned in your message must love being crashed into, maybe its their way of getting some excersise by being thrown about in a car.

On a last note please dont reply on my thread YOU are of no use.

lisyloo

but it so makes me annoyed that what used to be seen as something you got over after an accident is now just seem as a quick way of getting money.

What makes me really annoyed is the way some people drive carelessly and don't care if they put other people's life and limb at risk.
Pain and suffering can go on for the rest of your life or re-occur in later age.
This just seems to be accepted as collateral damage and part of life these days.
Drivers shoudl IMO be prosecuted if they cause injury to someone through their negligence. It's not ok just to bung some money.
Financial compensation is never adequate for injuries it's just the only currency we have to try to put things right.

Maximum, there is absolutely not reason you should feel any guilt over claiming compensation for genuine injuries.
Many people would over-egg the situation which is clearly wrong, but if you are making a genunie claim you have nothing to reproach yourself for.

But you do need your own representation.
The other side do not represent you own best interests.
You mentioned a minimum of £1000.
Can you not find a "no win no fee" solicitor where you have to pay nothing up front?
I am assuming you don't have any legal cover.