Part 36 Offer - Fair Amount Or Shot At Conning Me?

zx6r_rider

I was involved in an accident on a roundabout last year where a driver took me out while I was on my bike.

I won the insurance claim & have received compensation for my bike which was written off.

I have now been sent a Part 36 offer for the personal injury claim (And assoicated losses).

The Part 36 Offer Amount:
£1900

The Damage:
At the time I had bad whiplash for 2 weeks, was limping for at least 2 weeks my knee was so severely damages & I am currently undergoing physio therapy on my knee as it still gets very painful after long periods of sitting / driving / in the cinema etc. I still have a large bruise on my knee & the accident was over 9 months ago.

Overall my life hasn't been affected too much but things like sitting in a cinema, airplane, long car journeys etc are now out of the question for me as after an hour my knee gets extremely painful & only gets worse until I stop. Also sometimes I have trouble sleeping due to the aching pain.

The Question!
Does £1900 seem like a fair amount for the damage that I received? In my personal opinion it does not seem like a fair amount but I'm not in insurance & have no idea how much a fair amount would be for this damage.

LegalBlonde

ask your solicitor it's what they are paid for

zx6r_rider

LegalBlonde wrote: »

ask your solicitor it's what they are paid for

Thanks for the reply. I actually wanted to hear other peoples opinions as I have heard that solicitors can pressurize you into accepting the first offer to get the case over and done with.

adamc260

Could just be my opinion here but seems low for the pain your still in ... If you can't even sit down for a prolonged period of time then seems a pretty crap offer but thats just my 2p... would be unsure what sort of figure you'd be looking at. I can guarentee the solicitors will be getting more than £1900 in fees though.

Hey_Dude

The Part 36 offer is to compensate you for your pain, suffering and loss of amenity.

£1900 for a 9 month injury to the neck/back is there or thereabouts - but throw in the knee and it is low.

However you have not recovered - if you can tell me the prognosis period for both injuries I'll give you a fair value.

Duder

alistair.long

Knee injuries are supposed to be more. I would say 1 year of knee pain is not much pain suffered.
For your case I would do the following. accept the offer only on the basis that you will make a further claim for your knee when recovered. It has to be stated when accepting part36.
Or tell your solicitor to do a further medical and get a "advice on quantum" generated, and this will tell you what you will get. Personally I would prefer to delay the payment but take a interim payment, the longer for it to takes you to recover the more you get.

As "Hay Dude" said it would be helpfull if you can tell us what your doctor said as to when you will recover in your medical report, and the injuries.

mcjordi

when i had a accident in which my back was damaged i was offered 2900 iirc, my solicitor told me its not enough and i should take it to court..i didnt want to so accepted it.. (my back still hurts from nearly 7 years ago).. get advice mate.. your solicitor should be on your side..

Hope you make a speedy recovery

Hey_Dude

mcjordi wrote: »

when i had a accident in which my back was damaged i was offered 2900 iirc, my solicitor told me its not enough and i should take it to court..i didnt want to so accepted it.. (my back still hurts from nearly 7 years ago).. get advice mate.. your solicitor should be on your side..

Hope you make a speedy recovery

Problem here is that most solicitors (prior to some government reforms last year) want to go to court not because they care about their client, rather they want a 100% uplift on their costs by having the case heard.

Personal injury solicitors, in the main, do not care about their clients, but they do care about their pay day.

Duder

alistair.long

Hey_Dude wrote: »

Personal injury solicitors, in the main, do not care about their clients, but they do care about their pay day.

I do agree. I have no sympathy towards them.

zx6r_rider

Thanks for the replies, I will speak with my solicitors in the morning & post the outcome of their opinion & my decision.