Whiplash Compensation

The_Jester

A work colleague of mine was involved in a car accident last year. He was travelling about 35-40mph when a car turned in his path causing a collision. The driver of the other car admitted full responsibility and wrote a statement declaring this. My friend’s car was a write off.

He suffered whiplash and has been attending a private chiropractor resulting in over £300 in costs which he has had to pay out of his own pocket. He also took a week off work through this injury to recover and was on light duties for a fortnight afterwards. His personal life also suffered as he had to drive a long way to visit his children and stay overnight in hotels. Normally he travels by train but he said driving was the lesser of two evils as he couldn't carry his children and the bags to the train station as he simply didn't have the strength due to the injury from the accident.

His doctor that examined him reckons he will make a full recovery with 9-11 months of the accident. This evening he told me he received a letter from his solicitor valuing his claim around £2500. He isn't sure what to do as he doesn't want to be greedy but to me it sounds low considering the discomfort and disruption to his family life he has endured.

He's a really good guy but sometimes a bit too soft and not really assertive enough. I'm no expert so I said I'd ask on here. In my opinion I think maybe his solicitor is going for the easy and quick settlement but I could be wrong.

Has enough any experience on this that could offer advice.

Squirrel29

I had a very similar accident 3 years ago and had same time off/symptoms/treatment. I received £2100 injury so it sounds about right. Although they estimate recovery within a year, it still twinges from time to time even now.

McKneff

My friend at work is still suffering 12 months on from her whiplash injury, majorly, neck, arms, back.
rattles with painkillers and hers has been estimated at £1500.

Personally with all the pain and suffering I have seen and see on a daily basis she deserves another nought on the end of it.

People who have never experienced whiplash or seen it have just absolutely no idea and usually say people are scamming the
insurance companies, believe me, if its genuine, they are not.

Crazy_Jamie

That sounds about right from the symptoms that you have described. You haven't clarified as to whether that includes the £300 for physio, but even at £2,200 for general damages the valuation wouldn't be unreasonable, though that's more a 9 month injury than an 11 month one. Either way valuing injuries is not an exact science and there is always room for discretion, so on the basis I would simply say that that figure wouldn't raise any concerns in terms of obvious undervaluation as far as I am concerned.

On a side note, I appreciate that I have not substantiated that paragraph with any actual reasoning, but then again those with experience in valuing whiplash injuries will understand why that is the case (i.e. whiplash injuries under a year are so common that even in the majority of disposal hearings the advocates involved will be more inclined to pluck figures based on experience rather than using substantial legal reasoning and precedent). As such if anyone really wants me to go through the JSB Guidelines then I'm happy to, but equally rest assured that it's not really necessary.

McKneff wrote:

My friend at work is still suffering 12 months on from her whiplash injury, majorly, neck, arms, back.
rattles with painkillers and hers has been estimated at £1500.

On the very brief details that you have provided, that does sound like an obvious undervaluation.

Mrs_Ryan

Im stuck in a bit of a rut with a similar problem - me and OH were rammed off the motorway at high speed last year, and I injured my arm and had whiplash pretty badly. Insurance offered to settle with an insulting amount which I refused outright and had a medical report which suggested I would be symptom free by March 1st (er, I dont think so, Im still suffering) but I would need extensive treatment by a chiropractor. Cant afford to pay for this so am currently waiting for another settlement figure which I have indicated I will have to accept as I'm sick of the pain Hoping that its not another insulting figure but solicitor has indicated I will have to accept as cant go any further unless I have the treatment. GRRRRRR! :mad:

Hen_Step

I got whiplash 12 years ago, not in a car accident, but being dragged along on those rubber rings by a speed boat abroad.
I still have pains even now, just by carrying a rucksack or similar.

geri1965_2

Mrs_Ryan wrote: »

Im stuck in a bit of a rut with a similar problem - me and OH were rammed off the motorway at high speed last year, and I injured my arm and had whiplash pretty badly. Insurance offered to settle with an insulting amount which I refused outright and had a medical report which suggested I would be symptom free by March 1st (er, I dont think so, Im still suffering) but I would need extensive treatment by a chiropractor. Cant afford to pay for this so am currently waiting for another settlement figure which I have indicated I will have to accept as I'm sick of the pain Hoping that its not another insulting figure but solicitor has indicated I will have to accept as cant go any further unless I have the treatment. GRRRRRR! :mad:

Has your solicitor not asked the other side to arrange treatment for you?

TheRedAdmiral

The present JSB Guidelines suggest that a 12 month Whiplash injury to be worth in the region of £2500.

I would be advising my clients that I would anticipate offers in the region of £2100 and hope to settle an 11 month injury in the region of £2300.

Clive_Woody

I was involved in an accident at the beginning of this year that resulted in whiplash. My solicitor arranged a medical assessment for me for the 17th. This afternoon I turned up at the allocated time only to discover I was a month early :doh: my appointment is 17th March which makes more sense allowing for symptoms to progress and hopefully recover.

I blame the lack of sleep and the medication for my confusion......


The 3rd party did offer £1000 as full and final, but I declined as my excess alone which I had to pay was £350. Still in a lot of pain with numbness in both arms.

My sympathies to all other who are suffering as a result of others negligance on the roads. Get well soon.

no-oneknowsme

My Husband has been in two non fault accidensts as suffered whiplash .

His injuries lasted for just short of a year .

His two compensation payouts were £3,300 and then £3,700.

From reading others experiences on here I am beginning to think that these payouts were on the higher end of the scale. We had a Solicitor on both cases (as we had legal cover on his policy)

Mrs_Ryan

geri1965 wrote: »

Has your solicitor not asked the other side to arrange treatment for you?

I have no idea!!! the first letter I got advised they would cover my treatment costs if I accepted the settlement. However I refused the settlement as the figure given was unbelieveable. The doctor I saw said that the solicitor would likely pressure me to settle and use the costs to pay for my treatment but she said I could also insist the other side arranged treatment first, however I've not been given the option to do this,

This whole accident has caused me one long nightmare so I've opted to settle and pay for the treatment rather than drag it out any longer. RSA (other sides insurance) have actually been quite helpful but I can only assume my solicitor knows what she's doing more than I do and wait to see what happens next.

Clive Woody, I wonder if that £1000 figure is a standard offer as that is what RSA offered me.