MIB Claim - offer low?

vaio

Colcut wrote: »

.:......I have to pay loads because of someone else, currently I pay £1100 a year for insurance, if this hadn't happened I would be paying £800.
At least university is over, now I can switch to full time for the summer and hopefully recover the loss with overtime.

that was the second point I made, as you can prove your insurance has gone up £300 this year and £x next year and the year after then my view is those costs can be recovered from the TP just like any other cost incurred as a result of the accident.

adamc260

vaio wrote: »

that was the second point I made, as you can prove your insurance has gone up £300 this year and £x next year and the year after then my view is those costs can be recovered from the TP just like any other cost incurred as a result of the accident.

Can that be claimed for each year the premium goes up... or do you have to estimate it for the next 3-5 years and then claim 1 set amount as in all the time I was a claim handler I never made a payment for 'increase in insurance'??

chanz4

you cant claim for increased insurance. Also if the mib payout it will be a none fault.

vaio

adamc260 wrote: »

Can that be claimed for each year the premium goes up... or do you have to estimate it for the next 3-5 years and then claim 1 set amount as in all the time I was a claim handler I never made a payment for 'increase in insurance'??

When I did it there was no claim for any damage or injury, I got two years increases as confirmed by letters from my insurer.

vaio

chanz4 wrote: »

you cant claim for increased insurance.......

Nice authoritative post, care to advance any statutory or logical argument why increased insurance costs as the result of a non fault should be treated any differently from any other consequential cost?

geri1965_2

Is the offer on a Part 36 basis?

Just checked the JSB guidelines and their figures for whiplash are as follows:-

(c) Minor

Minor soft tissue and whiplash injuries and the like where symptoms are moderate:


(i) and a full recovery takes place within about two years; £2,850 to £5,150

(ii) with a full recovery between a few weeks and a year. £875 to £2,850

On that basis I think £700 is a bit low, and I would be requesting at least £875.

adamc260

geri1965 wrote: »

Is the offer on a Part 36 basis?

Just checked the JSB guidelines and their figures for whiplash are as follows:-



On that basis I think £700 is a bit low, and I would be requesting at least £875.

It's a guide, not a guarantee of what you should get

geri1965_2

True, but that's the lowest figure of the bottom bracket, so in my opinion it is worth at least that.

adamc260

geri1965 wrote: »

True, but that's the lowest figure of the bottom bracket, so in my opinion it is worth at least that.

It's a guide and every 'injury' is different, it doesn't automatically mean you qualify for a payment within that bracket just because you've sustained an injury for 7 weeks.

lisyloo

Colcut - In your first post you seem to be considering the only options as acceptance or court.
That's not how it works in my (albeit limited) experience.
Your side write back and reject in the hope that the other side (MIB) will increase the offer out of court either with or without a medical appointment.

What is the current situation? Has the offer been rejected in writing?

I think you are fully entitled to reclaim your losses and for your pain & suffering.
However there does come a point where the emotional hassle and time factor means you have to stop and get closure.
I don't think you are at that point yet.
They should be pushed to increase their offer out of court until it's clear you can't go any further.
Generally I'd say it's not worth going to court, but it's fairly common practice not to accept the first offer and to try to "up" it out of court with the use of solicitors letters.

It's a shame that the legal profession tries to make so much money out of this, but that's hardly your fault.