Whiplash Claim - How much to expect & how to claim?

Parking_Trouble

adamc260 wrote: »

I dont think they care, it's a quick buck for them.

Exactly. The process is made too easy for PI claims to be made and the insurers won't spend money trying to challenge the most common PI claim (whiplash) which is pretty much impossible to prove or disprove. Insurers will pay out unless there is blatant attempt to defraud. A minor tap in the rear is enough to get a pre-medical offer to keep costs down.

The people making the real money out of this are the ambulance chasers who can charge above their normal (exorbitant) rates under a conditional fee arrangement.

It is a major source of bogus claims - you may have been in the car but have you really suffered an injury that deserves £1500+?

Make victims claim through the courts and we'll see how many are prepared to swear in front of a judge that they really have an injury.

The whole thing is symptomatic of what's going wrong in this country. To make money you have to "tax" someone rather than supply some tangible goods or services.

What does a PI solicitor have to do other than write a letter or two to squeeze a few more hundred quid out of a claim.

And yes, everyone who buys motor insurance is paying massive amounts to line the pockets of solicitors.

BTW I have no problem with genuine injury claims that can be proved beyond doubt and you will need legal help to help you through the process.

There is a current radio advert that typifies the cancer in the PI scam industry where P@ul R00ney Solicitors encourage you to claim against your employer because "The insurer pays out, not your employer" Sick.

adamc260

All the solicitor does is send a list of 3 potential medical experts who will examine their client to the third party insurer/rep to agree, they send instructions, get med report back, get client to sign it off (in other words, the client checks it will be in their favour) and they send it to the TP rep and wait for an offer. Hardly warrants the thousands of pounds they charge in fees + disburments, not to forget success fees, ate (After the event) insurance fees etc etc.

I do not believe a solicitor deserves to get roughly the same if not more in costs than their client gets in compensation. Many people also get medicals MONTHS after the accident where the symptoms are reduced or no longer there. All someone has to do is google 'Whiplash symptoms' and repeat those in a medical examination. The medical expert cannot 100% for certain confirm if you are suffering as it is soft tissue so they base their prognosis on what they are told.

Sorry to hijack thread to OP by the way ! I hope you get better soon.

sarahg1969

adamc260 wrote: »

Many people also get medicals MONTHS after the accident where the symptoms are reduced or no longer there. All someone has to do is google 'Whiplash symptoms' and repeat those in a medical examination. The medical expert cannot 100% for certain confirm if you are suffering as it is soft tissue so they base their prognosis on what they are told.

Actually, it makes sense to wait until the symptoms have settled to a certain point before getting medical evidence. It's no good getting it a couple of weeks after the accident, because no doctor can give a proper prognosis at that time, if the symptoms are still at their height.

I get sick of seeing medical reports prepared 2 or 3 weeks after an accident (where the solicitors haven't even given the insurers a chance to agree a medical expert), where the prognosis for recovery is 12 or 18 months. It's ludicrous.

adamc260

sarahg1969 wrote: »

Actually, it makes sense to wait until the symptoms have settled to a certain point before getting medical evidence. It's no good getting it a couple of weeks after the accident, because no doctor can give a proper prognosis at that time, if the symptoms are still at their height.

I get sick of seeing medical reports prepared 2 or 3 weeks after an accident (where the solicitors haven't even given the insurers a chance to agree a medical expert), where the prognosis for recovery is 12 or 18 months. It's ludicrous.

I also get sick of seeing medical reports dated a year after an accident, where the symptoms have entirely recovered and yet they're examining them and commenting on their ability to carry out movements when they're clearly fit and healthy now? Their entire report is then based on what the client is telling them they had rather than basing it on the actual discomfort/pain they're suffering at the time of examination. Anyone can sit there and say 'My shoulder hurt, I had pain in my back and in my neck... I couldn't do the following things <Insert anything that requires physical exertion>'.

Either way, the current system is flawed.

suburbanwifey

marywooyeah wrote: »

yes you'll need a solicitor - you can get a Conditional Fee Agreement (CFA, no win no fee) although as soon as you notify your insurance company you'll be inundated with firms vying for your business.

I claimed for whiplash last year after a car crashed into mine while I was taking my driving test - my sprained neck was contantly painful for around 12 weeks and was exacerbated by the fact I had a toddler to look after, was at uni and took exams soon after so it affected my revision. I used to think people made it up but it was so painful and uncomfortable and I suffered nerve damage to my left hand too.

I didn't drive for 6 months and got anxious at the thought of it - I'd already failed my test 3 times and I was halfway through the test, only had 1 minor and really thought I would pass so the Dr felt that the fact that I became scared of driving was due to the accident. I got married 4 months afterwards and my confidence was quite low anyway but the fact that I couldn't exercise much really hindered my weight loss attempts and I looked like a fat pile of crap in my wedding dress.

My hand now gets "pins and needles" type feelings a couple of times and week but my neck only really hurts if I go to a concert or get really tired. I got 1700 but with hindsight I should have pushed for more as it still affects me nearly 18 months later - apparently 1500 is standard for an injury which lasts around 6 months.

What annoys me about this board is the sheer amount of people who underplay the seriousness and long-term consequences of whiplash. Whiplash is NOT a minor injury. The neck houses all the nerves that control the body, damage to the neck can cause paralysis at its most severe, in its minor form it can cause serious pain for many, many years. The pins & needles you mention are serious, it means there is a trapped nerve in your neck, I doubt that will get better any time soon.

You should not in my opinion have settled so soon - solicitors, people on here, insurance companies and now the Govt. are downplaying this injury to save the insurance companies money. That's why.

The amount they probably forced you to settle for is nowhere near enough what you should have received for an injury that will probably mar you for life, to be honest. What price life.

All these idiots on here who make their sarcastic remarks about accident victims have never been in a car accident, neither have the Govt. figures who speak out and certainly none of the insurance companies, claim companies nor *medical experts* who are encouraged by insurance firms to downplay the seriousness of whiplash.

I read these boards regularly and marvel at the ignorance of those that make comments, not realising what a serious injury it can be. Whiplash is NOT minor injury, its serious, as you, a victim of it already know.

My sympathies, ignore the ignorant.

suburbanwifey

adamc260 wrote: »

I also get sick of seeing medical reports dated a year after an accident, where the symptoms have entirely recovered and yet they're examining them and commenting on their ability to carry out movements when they're clearly fit and healthy now? Their entire report is then based on what the client is telling them they had rather than basing it on the actual discomfort/pain they're suffering at the time of examination. Anyone can sit there and say 'My shoulder hurt, I had pain in my back and in my neck... I couldn't do the following things <Insert anything that requires physical exertion>'.

Either way, the current system is flawed.

You sound like you work for an insurance company. I don't suppose you have ever been in a car accident have you. No, I thought not, yet you feel expert enough to give an opinion.

adamc260

suburbanwifey wrote: »

You sound like you work for an insurance company. I don't suppose you have ever been in a car accident have you. No, I thought not, yet you feel expert enough to give an opinion.

I've worked for Insurers as an arb handler, fraud handler and worked for solicitors.

And yes, I've been in a car accident before.

I know that people get hurt in accidents, of course they do... it's just interesting that in almost every accident that people have in the UK there is a requirement for financial compensation.

Another point to consider, if solicitors earned a maximum of say... £400 per RTA related personal injury claim, do you think they'd be so quick to offer their services, advertise heavily etc? Of course not.. they're just interested in cashing in. The only reason they offer a No win No fee service is because the chance of success is so high... they also have the cheek to charge an ATE (After the event) Insurance policy costing anything up to £5-600 to the defendants Insurer knowing full well it would never be required as they have no real chance of a loss.

Accept the fact that for A LOT of people, accidents = ££££ signs.

To those that are genuinely injured, I do hope they get better soon and I do hope that they get genuine compensation in the form of physiotherapy or any other treatment that is required to ensure they are able to get on with their daily life. To those that simply have a car accident and go 'Oh my neck' and chase the cash... I hope they realise what scum they actually are.

Parking_Trouble

suburbanwifey wrote: »

What annoys me about this board is the sheer amount of people who underplay the seriousness and long-term consequences of whiplash. Whiplash is NOT a minor injury. The neck houses all the nerves that control the body, damage to the neck can cause paralysis at its most severe, in its minor form it can cause serious pain for many, many years. The pins & needles you mention are serious, it means there is a trapped nerve in your neck, I doubt that will get better any time soon.

You should not in my opinion have settled so soon - solicitors, people on here, insurance companies and now the Govt. are downplaying this injury to save the insurance companies money. That's why.

The amount they probably forced you to settle for is nowhere near enough what you should have received for an injury that will probably mar you for life, to be honest. What price life.

All these idiots on here who make their sarcastic remarks about accident victims have never been in a car accident, neither have the Govt. figures who speak out and certainly none of the insurance companies, claim companies nor *medical experts* who are encouraged by insurance firms to downplay the seriousness of whiplash.

I read these boards regularly and marvel at the ignorance of those that make comments, not realising what a serious injury it can be. Whiplash is NOT minor injury, its serious, as you, a victim of it already know.

My sympathies, ignore the ignorant.

Whiplash CAN be serious and people deserve financial compensation for their injuries if their life has long term impairments.

But everyone knows that people get paid for a minor bump and have no symptoms or perhaps a stiff neck and a day of two off work and recover perfectly. Does that deserve £1500 and fat cheque for a solicitor.

Absolutely not!

Let them prove it in court and like Germany don't entertain it if the impact occurs at less than 8kph - (cue all those that say whiplash can happen at any speed)

sarahg1969

adamc260 wrote: »

I also get sick of seeing medical reports dated a year after an accident, where the symptoms have entirely recovered and yet they're examining them and commenting on their ability to carry out movements when they're clearly fit and healthy now? Their entire report is then based on what the client is telling them they had rather than basing it on the actual discomfort/pain they're suffering at the time of examination. Anyone can sit there and say 'My shoulder hurt, I had pain in my back and in my neck... I couldn't do the following things <Insert anything that requires physical exertion>'.

Either way, the current system is flawed.

Agreed. Medical reports for whiplash are entirely based on the claimant's own history and not proper medical evidence. It's the only explanation for the reports that I see that claim someone has a 12-18 month injury when it turns out they've never even had the accident!

Leew1231

I had a crash probably 7 years ago. Someone went in to the back of me when I had stopped, and shunted me into the car in front. Didn't cause me any problems until a few days later. I still have problems with my neck. It hasn't caused me any financial loss, and a cash payout wouldn't make me feel better. So I don't feel I should have ever have been entitled to a payout. !!!!!! happens! It could have been worse.
More fool me most people say! I just don't believe in the claims culture that goes on at the moment.