Whiplash after mini cab hit us from behind

Jonathanluis

Hi all not sure if this Q is in the right area

I have a condition called ankylosing spondylitis which affects my back neck shoulders and knees which I'm on very strong medication and was really helping me until Early February gone I was a passenger in a friends car when we stopped at a zebra crossing to let people cross a mini cab didn't stop and rammed us from behind the accident caused me to have back shoulder and neck pain. The insurance company sent us for a medical and the doctor said that the accident has definitely given me whiplash and has made my condition worse even my gp and my professor at rheumatology has said it's made my condition worse the insurance company has asked for my medical records. Will my condition affect my claim? (as in will the other insurance company argue that I already had health problems), the mini cab drivers insurance has admitted liability. My friends claim was settled about four weeks ago and recieved £2000 pounds for his whiplash
Sorry if this is in the wrong area but am new to this site
Thanks
Jonathan-Luis

dacouch

The underlying condition will be taken into account as will any further complications the accident has caused to the existing condition.

You need to speak to your solicitor to find out ideas of how much settlement they are expecting

Jonathanluis

Yeh I spoke to my solicitor and they said it's a lengthy process and once they receive my medical files they will know a lot more and that my condition shouldn't affect the claim
I was just wondering if anyone else has gone through this
Thanks for replying dale
Jonathan-Luis

Whiner

Do not accept the first, second or third offer.

Keep going and eventually you will get a decent offer.

But, the more money you want. the longer it will take to get it.

dacouch

Whiner wrote: »

Do not accept the first, second or third offer.

Keep going and eventually you will get a decent offer.

But, the more money you want. the longer it will take to get it.

This is not always good advice, you should take the advice of you solicitor as under certain circumstances if they make an offer and you refuse it. If the case goes to court and the court rules the original offer was correct you could be liable for the other sides costs or have your own solicitors costs reduced.

robatwork

you will be assessed by an independent GP in a private clinic, and have to fill in a mountain of forms.

This GP will report back to the insurance company and based on this you will get an offer. Pre existing conditions will be taken into account as they will have your medical history.

You will have the choice of taking the offer or waiting, for example, 6 months to see if you have any ongoing issues. Your solicitor should advise you of this, but it will be up to you to accept or wait.

At that point the solicitor should advise on if the offer is reasonable or if they will request more.

colino

As above, in your circumstances - and should be in the case for all genuine whiplash incidents - the claim should be governed by severity and ongoing pain and injury caused by the collision, not speed of settlement. Some people sustain injuries that start to curtail their already hampered activity and the longer term has to be taken into account, not a number on the cheque now to get you to go away.

arcon5

I imagine it could go either for or against you...

Mrs X is more susceptible to long term damage caused by the collision because of pre-existing conditions. The accident therefore resulted in significant pain and discomfort for a significantly longer period.

or

Mrs X suffered from pre-existing medical conditions, although the incident may have agitated the condition, the pain being experienced by the patient is unlikely to be the direct result of the collision.


Best bet is to follow the advice of the solicitor and the medics - they're the ones experienced in these things.

I imagine your case is taking longer because your injuries are more severe and the insurance company are trying to assess by how much.