RTC insurance injury claim advice please

devondiver

A few weeks ago my wife and daughter were rammed at speed from behind whilst turning left and forced into a hedge which set off the air bags. The third party, whose car continued on and overturned, has admitted full liability. We have had no contact with her but her insurers have been in touch and confirm full liability.

Our insurers arranged removal and disposal of our car (which is a total loss) and are now discussing a (rather paltry) sum in settlement of "our claim". Meanwhile the TP's insurers have provided us with a hire car and suggested that they will deal directly with us on paying us the value of our car.

I am tempted to deal directly with the TP insurers (if this is still possible, bearing in mind that our insurers are already involved) and, hopefully, avoid a "claim" on our insurance which, apparently, may well have a negative impact on our future premiums. Any advice on pros and cons will be appreciated.

Fortunately my wife and daughter were not seriously injured although both are still suffering aches and pains (impact and whiplash related), my wife has an ongoing retinal injury (from the air bag), and they are affected by PTS and are very wary of driving. Both are receiving medical attention and are only now returning to work.

The question now is whether or not to seek legal representation in pursuing claims against the TP. I have no legal experience but like to think I am fairly capable up to a point. We have no wish to try to 'milk the whiplash system' and are very wary of getting involved with companies that do (how does one avoid these?).

The TP insurers seem so far to have been quite understanding and I am minded to try negotiating a reasonable settlement directly with them whilst reserving the right to go down the legal eagle route if this is not satisfactory.

Sorry to drone on but this forum seems to offer excellent impartial advice which will be very much appreciated.

InsideInsurance

If your insurers have already collected the vehicle then there is a claim as the recovery company will have a bill to be paid.

Given you've already started things with them then its probably easier to continue it with them. The advantage of going via your insurance is ultimately if you arent happy with their valuation you can complain to the FOS. Claiming directly from the third party insurer (TPI) then your only option for a dispute is the courts.



Unfortunately you will never be able to get 100% independent advice, people who are pro-insurance companies will say to go direct for mild-moderate injuries. Those who work for solicitors, brokers or are just generally anti-insurers will recommend going via a solicitor firm.

Whichever route you go make sure that the injuries are all resolved before discussing any level of settlement. Some insurers do have the tactic of offering an immediate low cash sum to anyone mentioning the W word just to close down the claim. Whilst arguably this will occasionally be more than the injury is worth and it does avoid the hassle of sharing your medical records or having to go see a consultant etc its better to get a fair amount than just shut up money.

If you do go the legal route then be aware solicitors can now retain a percentage of your winnings, not all are taking the maximum but most are taking something. Ensure you know what percentage yours are taking before signing up. If you have LE cover on your own insurance they most likely will be able to appoint a fee free one for you.

OnanTheBarbarian

There are injuries here which are a bit beyond the usual bit of whiplash for a few weeks.

I work for a Claimant law firm, but my advice would be to seek legal advice and not trust an amiable insurer to see your wife and daughter properly compensated.

if you have legal cover with your car insurance, then a solicitor will be appointed who should not be deducting any "success fee" from the damages awarded. If you approach a solicitor directly yourself, the odds are they will gladly act, but under a no win no fee arrangement whereby a success fee of up to 25% will be deducted from any personal injury award.

The primary focus should be on getting better from the injuries and it seems some physio treatment may help to accelerate their recoveries as well as the possibility of some Cognitive Behavioural Therapy to assist with the driver/ travel anxiety. The retinal injury to your wife's eye needs appropriate treatment and specialist opinion before deciding how to proceed. So an insurer dangling a few grand in front (which is their preferred tactic) is not going to be the best move.

Bottom line - insurers interests are with their shareholders. A solicitor's interests are for their client /there is a professional duty.

Google solicitors who do not deduct a success fee or for free legal advice and the like, if you are a union member there may be solicitor they can refer you to.

devondiver

Thanks II for prompt and useful reply. No LE I'm afraid. Percentage idea is a bit worrying. We're rather out in the sticks and would probably prefer to use a local firm (who may not want a percentage?) - or should we be talking with firms who specialize in this sort of thing?

Take your point about waiting for full resolution - but should we at least notify them of impending claim in the interim? And do we need to address anything to the TP or just communicate with her insurers?

InsideInsurance

The insurers are the agents of their insured, communicating with them is legally the same as communicating with their client in most cases.

You can notify them, if they are dealing directly they may well want to organise physio or such if its appropriate and will assist in speeding your recovery.

I no longer do hands on claims handling so have no hard or circumstantial evidence on if local or factory firms are more likely to take a percentage. Gut reaction say that local tend to have less cases, less modestly paid paralegals to bring down their costs etc which would all point to needing the extra income but on the flip side their marketing costs tend to be much lower.

Ultimately you can have a non-committal conversation with both and clarify this and any other points that would be important to you.