Car accident settlement figure help...

simonkarios

Hi all,

Just wondered if anyone out there knows of any guidelines for the above..

Reason i ask is...

Girlfriend was hit from behind, all responsibilty admitted by other party, she has suffered a considerable amount of pain in her lower back (and still does, but less so) and has had physio and acupuncture.


Anyway to cut a long story short(!), she has been offered an amount which i consider to be too low however i am basing this on no legal knowledge on only on what i received for a similar accident several years ago and hearing other peoples' stories...

Any help/ guidance/ reference guides greatly appreciated...

Cheers all,

Simon

simonkarios

Forgot to mention:D ...

She has been offered £1900....

Simon

gazza975526570

You should be offered the market value - ie what the car is avilable for. Have a look aroung - auto trader/internet etc. Remember you wont get any garage/dealer mark up and profit. If it doesnt compare ring your insurers and it is likely you will need to send in proof of exact same cars going for a higher price - it must be exact same ie spec/engine size etc

They will have valued it using standard industry tool - ie parkers/glass's guide

simonkarios

Many apologies..

I think i have mislead or not made myself clear...

The car was repaired..

This amount is for injury compensation....

gazza975526570

My mistake for not reading your post properly!!:rolleyes:

My PI knowledge isnt great however my understanding is a scale is used based on how long the injuries will persist for and have a top and a bottom scale - You will generally be offered towards the lower-mid end and there can be room for manouvere to increase the offer

Im sure someone with greater PI knowlesge will be around soon

simonkarios

Yeah hope so but ta for reply..

She was offered £1700 first up....

mattymoo

Personal injury awards are quite subjective and based on two things.
1) Case history for similar injury awards over the last 20-30 yrs (adjusted for inflation) from legal reference works like Kemp and Kemp.
2) Judicial review guide that gives a bracketed figure for each type of injury.

The claimants solicitors will look for case law supporting a higher award (higher in the judicial review guide bracket as well).
The defendents insurers will look for case law etc supporting a lower award.
The two then negotiate.

A lot depends on the prognosis given in the medical reports. As a guide, and my figures are 2 yrs old.
4 weeks pain and suffering = £1000
1 yr pain and suffering = £1500
2 yrs pain and suffering = £2000-£2500.
These figures are for whiplash which is a soft tissue injury. If your gf's lower back pain is soft tissue (as opposed to fractured verterbrae) then the figures will be similar.

As you can see, the figures do not increase on a constant ratio to length of suffering. Minimum awards tend to be £1000 for a months suffering but a year will only get you £1500.

The costs of the physio and acupuncture will be separate and claimable in full as "special damages".

simonkarios

Many, many thanks...

So it soundsl like a fair offer actually...

Cheers,

Simon

MrsJ2008

I'm gonna be no help for the money claim BUT for your girlfriends back problems, can I suggest she tries a sports therapist.

I have a bad back and have used a physiotherapist, acupuncture and chiropractor over the past couple of years with only temporary relief.

For the past 2 months i've been seeing a sports massage therapist and she has been amazing. Apart from the fact she is a lot cheaper (£20) then all the other specialists she has managed to sort my back out and given me lots of advice to strengthen and repair it.

montypython_3

I was about to post a very similar question. My girlfriend was hit from behind has severe neck pain and back pain and swollen knee. The worse thing though she is 22 weeks pregnant so imagine what the first thought was as the seat belt tightened at the time of impact. Thank god though hospital checks say everything is fine.

The other persons insurers have offered her a payment of £850 as an early settlement to avoid the "hassle of going to solicitors" in their own words

Does this sound a fair amount? if not how much?

mattymoo

A lot depends on how long she has had the pain and what the long term prognosis is. Has she been asked to attend for a medical report? Have you seen a copy of that report?

Is there an explanation for the knee swelling? Did it hit the dashboard? Any damage to the patela?

Some insurers do attempt to buy off this type of claim cheaply. If you are the claimant, you get the money a lot earlier than you would otherwise. The insurers obviously save on legal fees.

The saving will generally be around 10-15% of the true value of the claim. Take the money now or wait 12-18 months for a bit more and line a solictors pockets in the process.

The choice is yours (or your girlfriends to be precise).