Car accident insurance advice

oscarito

Hi,

I unfortunately had an accident last week, a careless driver went straight into the back of me whilst I was stationary in a queue of traffic. It was a shock since obviously I wasn't expecting it. Luckily I'd left enough space between me and the car in front to not cause any further damage. The force of the impact was enough to catapult things in compartments out (glovebox coming open too). I think that I may have suffered some form of whiplash as my neck was feeling pretty sore for a few days as well as some loss of sensation in my hands/arms. The doctor prescribed me some temazepam and told me to use some strong painkillers.

Anyway to cut a long story short, it turns out the other driver is insured with the same insurance company as me! It's amazing how quickly they are working this all out although I'm not too happy since the initial phone call felt more like an inquisition into my policy rather than any concern about me having an accident. I received a letter a couple of days later from the insurance company stating that they are to put an increase onto my premium since I apparently stated something different to what was on my policy during this phone call. I was in a bit of a muddle to be honest and I feel this is unfair.

Now, I am surprised at a lot of things. Firstly, just how cheap hire cars can really be if they are having to pay for it out of their own pocket - the hire car supplied to me is at a rate of less than £18 per day! It's pretty much a brand new car, 12-plate, although I've not been about to drive it yet. Also, at how quickly things are being moved on. I got the hire car the very same day of the accident. Recovery also happened very promptly.

Secondly, on the second call back after they contacted the other driver who'd admitted full liability, the insurance company offered me £500 for my injuries. I have so far not made any decision as at the time my head was all over the place and also I have no idea what to expect. It was all like a hard sell. Over the last few days, whilst I've been barely able to get out of bed, I've been called a couple of more times since to try ask me to accept this offer. I've still not made a decision as I am more concerned about my long-term health and feel I am still not in the right place to make a decision.

Trying to be coerced into accepting compensation in this state of mind seems to be making things worse. When I said that I wasn't sure about making a decision, they kept asking why and asking me if the money wasn't a high enough amount as if I'm some sort of opportunistic money-grabber! I keep putting it off but I'm dreading the next call. I don't feel like I can deal with everything right now.

I'm gutted about my car since I've had it for a very long time and from new. I try my very best to look after it. Now it's not going to be the same anymore in my eyes. It wasn't even my fault! Also, I'm now concerned that since everything seems to be being done as cheap as possible (e.g. the car hire charges), I have a feeling that they will skimp on doing what's right to put my car back the way it was.

I'm feeling stressed out and sore and am having difficulty sleeping.

Would appreciate any help or advice on what to do.

Quentin

Don't accept their £500!

Get a solicitor to act for you.

If you aren't happy with the garage they want to use, then you can insist on using your own choice of repairer.

(Forget how much they are paying for your hire car, its irrelevant, (though you should be pleased - the lower rates they have to pay out for car hire, the less they charge their customers in premiums!), and they will have a good deal with the hire car company, and obviously be hiring loads of cars from them so would expect to pay a lot less than a private customer coming in for a one off hire)

BertTheRaccoon

Get them to sort out the metal, but as for the injury side of things, leave it for a good few weeks.

If they offer treatment take it, but I would genuinely recommend against agreeing any settlement for the injury compensation for several weeks and I would also recommend you seek independent legal advice before agreeing settlement.

I do this for a living and would never trust an insurer to deal with a third party fairly (remember you are dealing with the insurers of the third party here, not your own insurers (even though they are the same company).

Think of it this way, insurers stiff their own policyholders daily when it comes to write off settlements on cars, so think how they are likely to be with a third party. They want to be your best mate as they don't want you speaking with a lawyer, but look after your own interests here.

If in doubt, seek your own legal advice.

UsernameAlreadyExists

Your post seems as spammy as hell, and yet I can't quite work out why or how. How do you know about the hire charge costs? Why are they offering you £500 for your injuries? What injuries? Have you been to a doctor? You seem concerned that they're going to "bodge" the repairs on your car? I can't quite figure out what you're asking for .. sorry if this is genuine, but something doesn't seem quite right here.

oscarito

UsernameAlreadyExists wrote: »

Your post seems as spammy as hell, and yet I can't quite work out why or how. How do you know about the hire charge costs? Why are they offering you £500 for your injuries? What injuries? Have you been to a doctor? You seem concerned that they're going to "bodge" the repairs on your car? I can't quite figure out what you're asking for .. sorry if this is genuine, but something doesn't seem quite right here.

I know about the insurance hire car costs because they told me over the phone when sorting it out. Secondly, they emailed me some documents/contract that I had to electronically agree to which confirmed the amount.

They asked me how I was feeling when I called them after the accident as you're supposed to and I told them that I was feeling some numbness around my shoulders/neck area. I have no idea why they suddenly changed tack and offered me money either which is why I'm confused about what to do.

If you read my original post, I've stated that I've already been to the doctors who's prescribed me some temazepam.

I'm posting because I've never been in an accident before and so I don't know what to do. Is this what normally happens?

UsernameAlreadyExists

OK, sorry, I take it back, I did express my confusion and perhaps I am being far too sceptical.

With regard to the £500 offer ... instant reject. you have not been assessed. You need some kind of diagnosis/explanation of your condition on which to base a claim. This won't happen immediately and you need time to assess the situation yourself as well. If in a couple of weeks you're 100% fine, then heh ... the £500 would be nice, but if you can't get out of bed and have a bUgg ered neck, then it's totally different. Give it a while before you make any decision and even then get a doctor to back you up.

With regard to the repairs to your car, even if they made a perfect repair, you'll never feel the same way about it again. Just make sure you can't see any damage/evidence of the accident, and then sell it on. Get another. If you're not happy with the repairs, just b1tch and moan. A lot!

Crazy_Jamie

This is a perfect example as to why the news story last week about insurers wanting third party drivers to have to deal directly with them and not through solicitors is so utterly ludicrous. Whether £500 is a fair valuation for your injuries or not at this stage is entirely irrelevant, because it is impossible to know what an appropriate amount would be until more time has elapsed. This insurer clearly does not have your best interests at heart and is simply looking for a quick settlement to box off the claim. It is opportunistic and wholly unacceptable behaviour that preys on innocent and often vulnerable individuals that find themselves injured through no fault of their own.

For now just concentrate on getting better. Take any medical advice that you have been given, and if your symptoms don't improve obviously go back to your GP. You then need to instruct a solicitor (not a claims management company), and you need to instruct that solicitor on the basis of a Conditional Fee Agreement (the proper term for 'no win no fee'). That solicitor will arrange for you to see a medical expert, who will give a definitive prognosis on your injury. Your solicitors will then negotiate an appropriate settlement figure for your injury based on what the medical expert concludes.

If your receive another call from the insurance company regarding your injuries, simply tell them that you don't want to discuss your injuries with them and that when you are ready to deal with that issue you will contact them. Explicitly tell them not to call you about your injuries until you contact them. This badgering is simply an attempt to persuade you to settle early, and you can do without it.

BertTheRaccoon

I take it you don't agree with Dominic Clayden's sentiments then Jamie? :-D

chrisv24

How sever is your whiplash and how much damage was done to your car?

I had a quick look online for you and £500 for whiplash seems a bit low. This site has some useful stuff on Whiplash claims

I agree that you should have a chat with a solicitor. Many of them offer free initial meetings now so there is no risk on your part just to have a chat with someone.

oscarito

My neck and shoulders feel quite sore and still, it feels like there's a knot deep down. I have a strange sensation near my ribs which feels uncomfortable, from where I assume the seatbelt must've held me in place during the accident.

I'm just resting at the moment, and have taken a few days of work. I think I will go find someone to speak to when I feel like I can face everything.

Thank you to everyone so far who've contributed.

BertTheRaccoon

In my experience, soft tissue injuries like whiplash etc usuaully cause significant problems for 2-3 weeks post injury and then settle to "nuisance" level thereafter. But it can often be 6 months + before a person is 100% recovered, whichn is why it is dangerous to get any "deal" struck with the insurer for a payout now.

The risk to you is that if you take a settlement now from the insurer of say £1500 - which is a fairly typical figure they offer, this would be sufficient to compensate somebody with soft tissue injuries with a recovery period of 3-4 months post accident.

Trouble is, I would guess your crystal ball is in for a service at the moment and you will not know if your symptoms may persist for a lot longer. If you took a cash settlement now and your injuries did not settle in the above time frame, or became worse, you are then in potential difficulty as to seeking any additional damages and losses at a later date.