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Whiplash/Anxiety offer???

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  • Quentin
    Quentin Posts: 40,405 Forumite
    esuhl wrote: »
    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.

    The OP states 50/50 has already been agreed by all parties, so there is no chance that one side will now agree they are 100% liable!
  • adamc260
    adamc260 Posts: 2,055 Forumite
    Gotta love how people are happy to admit blame but the second they realise it will affect their insurance... 'nah it wasn't my fault!'
  • Take the offer, it appears reasonable.

    I am glad the pregnancy went as planned!

    Spend the pennies on your little one.
    Thinking critically since 1996....
  • Crazy_Jamie
    Crazy_Jamie Posts: 2,246 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    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!!!!
    So what monetary value would you place on your pain, suffering and loss of amenity? One hundred pounds higher? Five hundred pounds higher? Ten thousand pounds higher?

    I'm not being pedantic in asking that question; there's a legitimate reason behind it. People do not inherently assign a monetary value to non tangible things such as emotions, pain etc. The Courts do so through personal injury litigation because that is the only practical way to compensate someone for injuries caused by the negligence of others. But even that is a system based on measured opinions, not what people 'feel' on an instinctive basis. So in terms of how you reflect on this offer personally, you need to establish exactly what your expectations are. If your expectations are unrealistic (they may well be), you just need to let that go.

    Your solicitors know the system, and will be experienced in assessing quantum in cases such as this. You should therefore accept their advice. Irrespective of how you feel in terms of your instinct, I'm sure you will find plenty of ways to use that £1,300 constructively and to the benefit of your son. Thinking how you would use that money in that regard might well make it easier to shift your focus and accept the offer.
    "MIND IF I USE YOUR PHONE? IF WORD GETS OUT THAT
    I'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."
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