Whiplash/Anxiety offer???

clairekailan

Hi,

Just looking for some advice please?

I had an accident back in April last year my car was stationary on the car park at work and someone reversed into my car.
At the time I was 16 weeks pregnant.
The driver who works with me admitted fault straight away and said he was in rush, this is reason for not looking and speeding whilst reversing!
I am a manager he is an advisor so as you can imagine this could have been awkward at the time it wasn't, until I said I wanted my car repairing through Insurance. (It was a new car I had 2 weeks before).
Things then turned nasty and he told Insurance it was 50/50 not his fault.I had texts admitting fault. Insurance would not accept as evidence and no witnesses so I had to accept 50/50.
Anyway during all this I had to go straight to hospital because of shock and check baby was ok.Thank god he was I suffered whiplash and severe stress, I just would not go on car parks I parked somewhere different at work and because he worked with me this was also difficult so I was signed off with stress for 6 weeks.


To the point.
His insurance have now offered me settlement figure of £1300.
My solicitors recommend I accept because of 50/50. I feel this unacceptable because the stress I went through and still on a car park. He destroyed a good few months of my pregnancy for his stupidity!!!!:mad:

What are your opinions should I accept?
What is likley to happen if I don't?

Thanks in advance.

My son has since been born healthy at 35weeks :j

JPS29

Snatch their hands off. Money for nothing

lisyloo

My solicitors recommend I accept

I sympathise with your situation and it's nasty thing to happen, but your solicitors are the experts in this.
They know what you would be likely get if it went to court and whether it's worth the "agro".
Bear in mind it would be potentially stressful to go to court and talk it all through again as well as the lack of closure.
If you are seen to have turned down a decent offer this can also go against you in court.
I'd take it and get on with your life.
Generally you should accept your solicitors advice.

Gene_Hunt_2

clairekailan wrote: »

Hi,

Just looking for some advice please?

I had an accident back in April last year my car was stationary on the car park at work and someone reversed into my car.
At the time I was 16 weeks pregnant.
The driver who works with me admitted fault straight away and said he was in rush, this is reason for not looking and speeding whilst reversing!
I am a manager he is an advisor so as you can imagine this could have been awkward at the time it wasn't, until I said I wanted my car repairing through Insurance. (It was a new car I had 2 weeks before).
Things then turned nasty and he told Insurance it was 50/50 not his fault.I had texts admitting fault. Insurance would not accept as evidence and no witnesses so I had to accept 50/50.
Anyway during all this I had to go straight to hospital because of shock and check baby was ok.Thank god he was I suffered whiplash and severe stress, I just would not go on car parks I parked somewhere different at work and because he worked with me this was also difficult so I was signed off with stress for 6 weeks.


To the point.
His insurance have now offered me settlement figure of £1300.
My solicitors recommend I accept because of 50/50. I feel this unacceptable because the stress I went through and still on a car park. He destroyed a good few months of my pregnancy for his stupidity!!!!:mad:

What are your opinions should I accept?
What is likley to happen if I don't?

Thanks in advance.

My son has since been born healthy at 35weeks :j

Whiplash, how hard were you hit?

vaio

Gene_Hunt wrote: »

Whiplash, how hard were you hit?

Presumably hard enough to cause whiplash and damage her car, why do you ask given that liability has already been established?

vaio

As others have said, generally go with what your solicitors advise.

One thing is puzzling me though, if you were stationary why is it a 50/50 settlement?

And, is the £1300 what you will get or will you only get half as well as having a fault claim on your record & a hit on your NCB?

geri1965_2

Yes, we really need clarification as to whether their offer is gross or net of 50/50. I would accept £1,300 for a couple of months whiplash if that's what you will get in your hand.

mikeyk07

how long was your prognosis within your medical report? Are you still suffering ? Does your medical report mention the stress ? Does the offer include loss of earnings ?

Quentin

It won't, but bear in mind that if you were to go to court to get your compensation agreed, you would only get half of the decision.

In that light, your offer represents a £2600 award. Assuming all other costs (including your employers reimbursement for any sick pay they want to claim) have been settled, and this offer is purely to settle your compensation for stress claim then as already advised snatch it quick!

esuhl

Would it be worth saying that you will accept the settlement on the condition that the other driver admits 100% liability...? (Obviously check with your solicitor first!)

I can't see how anyone in a stationary car could be liable at all.

Perhaps it doesn't make any difference in law (I don't know - I'm no expert), but morally I wouldn't admit liability if I hadn't contributed to the accident.

crazy_guy

Depends if this is net or gross of liability - gross, £1300 is around a 2-3 month injury. 50/50 is appropriate in this case, if this matter proceeded to Court, the Judge would literally have one word against another. In these cases, a 50/50 is often awarded. I'm sure your Solicitor has advised on the potential cost implications if the above occured.

Hope that helps