Whiplash question...

MrsHol

I was hit on Thursday and have hurt my neck, pain on the right hand side, moving into my shoulder.

I went straight to the doctor who signed my off for 2 weeks. At the time, I didn't feel too bad and thought I'd be back at work by now, however the pain has got worse over the weekend.

The person that caused the crash has accepted full responsibility. My car is getting sorted (small dent to the boot) and the insurance company have offered me a full and final settlement of £1400 for my injury.

I don't really know what to do next.... Should I make a full claim or accept the settlement? I'm a sports coach so my job is very physical, I've had 3 days off work so far and will probably need a couple more. I'm hoping to get back ASAP as this is a very busy time for me, so I can't really afford time off. I'm also a part time sports therapist, and obviously can't do is work with neck and back pain.

My concern is that it seems a lot of hassle to go through a full claim and the perception of whiplash is that people play on the pain as its hard to prove. Do I need to speak to a solicitor? If so, and I go ahead with a claim, do I pay the fees or does the 3rd party? I'd be happy to take the settlement and be done with it, but then I worry that due to my work, I could have problems with pain in the future.....

Please help!

Hintza

I would talk to the other parties insurer and ask them to reconsider their offer or you will seek legal advice. Send them your doctor's report and check with your insurer how your premiums will be affected for the next five years too. They will know within a couple of hundred pounds what is worth offering to avoid costly legal action.

I do hope you are not just chancing your arm though.

youtellme90

In general the other insurance company will offer you much less initially than they know/think it's worth.

I had a whiplash incident 6 years ago and apart from the added benefit of compensation I'd have had much better medical care going to the NHS and getting it sorted. It took 18 months to sort out the compensation, during which the NHS Physio said they didn't want to get involved - but the private physio (paid for by the insurance company - then paid for as part of the settlement) happily saw me 8 - 10 times assisting in rehabilitation, having 2 private medical exams to examine the area more thoroughly in-between.

All I'd recommend considering:

i) Affect on Insurance Premium
ii) Medical care on offer
iii) Affect accident has had on you.

Thinking back to what the solicitor I spoke with was telling me, anything which affects your daily routine, stops you going to work etc. will result in higher levels of compensation, the main thing they told me was don't speak to the third party insurer as anything you say to them could be 'used against you' - but that's probably solicitor speak. I'm not qualified so I can't give you any figures/hopes, but to me the £1400 is very low. So if it's a genuine issue then I'd speak to your insurance company and then choose to go ahead or not.

The main priority of course is to get you rehabilitated - the compensation should be an after thought to 'ease the pain', in my opinion anyway.

Mark_Mark

A full and final settlement for you injuries four days after the collision, I somehow think not. At least wait till you have recovered.

InsideInsurance

youtellme90 wrote: »

In general the other insurance company will offer you much less initially than they know/think it's worth.

It depends on the insurer, and these almost immediate offers didnt exist in my days, but certainly some insurers will initially offer you more than they think its worth to block out a solicitor becoming involved. In these sorts of cases the solicitors make as much as the claimant does so by over paying the claimant you cut out the solicitor and so your total costs go down and the case is closed quicker (which is another cost saving).

I do agree with others though that you shouldnt be considering any offers for a minor injury until the injury has healed so that you know its full duration as this will drive what an appropriate offer will be

Dazedandconfused

Wait and see what your injuries are. I had a car accident a year ago next week and am still taking strong painkillers, having steroid injections and I've had lots of Physio in the last year, work have paid for me to have an office chair to assist, special keyboard etc. If I had a job like yours I'm not sure that I'd still be working, it's still very early days for you. I was in pain on the day and a few days later but it took about a week for me to feel the full effect. Don't accept a quick settlement and regret it if you have to cut down on your working hours and you end up baring the cost.

JQ.

Mark_Mark wrote: »

A full and final settlement for you injuries four days after the collision, I somehow think not. At least wait till you have recovered.

This. You could have a long term injury that takes years to recover from, or it could be totally healed next week. I certainly wouldn't dream of settling until I was fully recovered.

Nodding_Donkey

I'd be very suspicious of an offer for compensation that appeared that quickly. Sit back and take your time and advice. Also, do NOT go back to work against your doctors advice. If you do the insurers can say you made it worse by not following medical advice.

facade

If your doctor has written you a sicknote, you can't go back to work until it expires, your employers insurance won't cover you, and you will have to sign loads of stuff saying you are returning to work against medical advice.

I did it once, naively thought I was doing them a favour.

wba31

MrsHol wrote: »

I was hit on Thursday and have hurt my neck, pain on the right hand side, moving into my shoulder.

I went straight to the doctor who signed my off for 2 weeks. At the time, I didn't feel too bad and thought I'd be back at work by now, however the pain has got worse over the weekend.

The person that caused the crash has accepted full responsibility. My car is getting sorted (small dent to the boot) and the insurance company have offered me a full and final settlement of £1400 for my injury.

I don't really know what to do next.... Should I make a full claim or accept the settlement? I'm a sports coach so my job is very physical, I've had 3 days off work so far and will probably need a couple more. I'm hoping to get back ASAP as this is a very busy time for me, so I can't really afford time off. I'm also a part time sports therapist, and obviously can't do is work with neck and back pain.

My concern is that it seems a lot of hassle to go through a full claim and the perception of whiplash is that people play on the pain as its hard to prove. Do I need to speak to a solicitor? If so, and I go ahead with a claim, do I pay the fees or does the 3rd party? I'd be happy to take the settlement and be done with it, but then I worry that due to my work, I could have problems with pain in the future.....

Please help!

As others have kinda said, focus on your rehab rather than monies offered. if you have to go private, add these costs onto what you should be offered.