Car Accident Injury Claim Though Insurance Company

Snuffkin64

Hi There,


I was involved in a car accident 20/09. Unfortunately I have suffered from back and neck injuries, whiplash and lower back pain (aggravating an old injury) and I’ve had to take time off of work (unpaid).

The third party has accepted liability for the accident and their insurance company has offered me physiotherapy and specialist care through a third party company. They are dealing with an injury claim for me which may take a period of two or more months.

I have the option of completing the Physiotherapy course over the next few weeks/months, or bringing the claim to a close and pushing for a settlement quicker. Obviously the help for my injury is much appreciated rather than it taking weeks/months to get seen to by someone through the NHS. However, I have been told by a relative that these companies will often take you through treatment but give you the smallest payout possible if anything at all after treatment/signs of improvement.

I am not obliged to keep on going with this process and if I’d like to I can choose to go down the solicitor route. I am tempted having lost much needed money by taking time off of work, but I'm unsure if it's the wisest choice!

I’m wondering if anyone has been in a similar situation and what would be the best route to go down. If a solicitor/injury claims company is the best thing to do instead.

Can any companies be recommended?

This is my first time dealing with anything like this (first car accident too).

Many thanks!

Gemma

Quentin

Get your own solicitor to deal with this.

If you need some money now then a solicitor will be able to get you an interim payment rather than give in to the insurers 'blackmail' of settle now for a quick payment)

If you still need treatment a solicitor will ensure the insurer keeps on paying till you no longer need it. ( If you settled now with insurer that would be the end of their help)

InsideInsurance

The choice is yours really.

There are those of us that work in the industry who will dispute that all insurers automatically lowball direct claimants and there are those that work for solicitors and ambulance chasers that say the exact opposite.

Whichever route you take be aware that since the law changed earlier this year a no win, no fee solicitor can now retain up to 25% of your winnings. You need to know what percentage, if any, your chosen solicitor is going to keep if you go down this route as not all are choosing to keep the maximum.

OnanTheBarbarian

Whether you chose to continue dealing directly with the insurer or consult a solicitor, you need to concentrate on getting better before talking money with the insurer.

The risk you have is that if they dangle a carrot now of say, £2k, and you accept it. If your injuries continue for many more months, are they going to continue paying for treatment for you and will they pay any lost earnings etc.

Claims take a while to settle properly and you have to be certain that you are not going to be left with any long term residual problems before agreeing a settlement as settlement will be "full & final" and if you suffer a setback with your recovery weeks after taking a settlement cheque, the insurers will not agree to pay any additional compensation or losses further down the line.

If you want to keep dealing with the insurers, maybe ask them for an interim payment of say £1k as a general interim payment, which can be offset against the claim as a whole. That will help to keep the wolf from the door as far as lost income is concerned and allow you to focus on your recovery, rather than being swayed to settle out of financial necessity and then regret it later.

If you go down the route of instructing a solicitor, consider using one via any legal protection cover you may have, as they should not deduct any fees from your settlement.

If you independently instruct a solicitor under a no-win no-fee basis, they will most likely want to deduct a success fee of upto 25%, so you have to gauge whether instructing a solicitor under a NWNF agreement will net you more than going solo with the insurers.

Be advised though, an insurer does not have your best interests as their priority or any such duty.

OnanTheBarbarian

InsideInsurance wrote: »

Whichever route you take be aware that since the law changed earlier this year a no win, no fee solicitor can now retain up to 25% of your winnings.

Not being pedantic, but for the sake of correctness, the change happened April 1st 2013

InsideInsurance

OnanTheBarbarian wrote: »

Not being pedantic, but for the sake of correctness, the change happened April 1st 2013

When you get to my age its difficult to remember which year you are in