Thoughts on 'whiplash' settlement offered

the_flying_pig
the_flying_pig Posts: 2,349 Forumite
edited 4 July 2015 at 9:03PM in Insurance & life assurance
A couple of weeks ago my car was hit from behind by another driver. His large 4x4 barely sustained a scratch, whilst my humble Ford Focus was badly damaged, and since miraculously repaired [I was sure it'd be a write off]. He immediately accepted that it was all his fault, I must say that it was a spectacularly bad piece of driving on his part, to plough into me at what felt like a middling speed in what was very much stop-start, slow-moving, traffic. Must have been on his phone, arguing with his wife, whatever.

Out of the blue, the other driver's insurance company called me to ask about my 'injuries'.

Truthfully I had a moderately severe backache for about 2-3 days and then sort of middling discomfort for about another week, making a total of about 10 days of genuine 'suffering'. One day I left work very early with a view to getting a GP’s appointment, though didn’t get one in the end. On a few other days I probably left a little earlier or arrived a little later than would otherwise be the case. Today it feels perhaps not quite as good as new but as near as damnit. I'm pushing forty years old & quite often have the odd ache & pain here & there anyway. Who knows how I'll feel in the future.

I told the insurance company bloke all of this, at which he said something like, "let me put those details through my computer… how does a payout of £500 sound?".I said something like, "er, give me 24 hrs to think about it". He's due to call me back soon. Any thoughts on what I should I do?
FACT.

What do? 14 votes

Refuse to accept even a penny
14% 2 votes
Gratefully accept the £500
42% 6 votes
Negotiate for more, possibly by threatening Option 4.
28% 4 votes
Get straight on the phone to an an ambulance chaser, milk it.
14% 2 votes
«13

Comments

  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    It sounds about £3000 less than people normally get.
    Find someone else.
    I do Contracts, all day every day.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Get your own legal representative to advise you - don't accept their offer, you can see the conflict of interest!
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    Cue holier than thou people telling you not to claim anything as it will put everyones premiums up...




    anyway I got 2500 recently for similar injuries, No lying to making anything up and im still sore after driving for long periods 6 months later
  • OnanTheBarbarian
    OnanTheBarbarian Posts: 1,500 Forumite
    Sixth Anniversary 1,000 Posts
    So you still have ongoing residual symptoms?

    if that is the case, don't agree anything with him yet.

    The guy calling you trying to be your best mate has one incentive, to palm you off for as little as they can get away with and without having any lawyers fees to pay.

    If you want shot of it now, tell him you are looking at speaking with a solicitor and the offer will probably double.

    If you have any concerns the residual symptoms won't resolve in the next couple of weeks then hold fire and consider getting independent legal advice. Do you have legal cover with your car insurance?
  • £500 sounds low.

    You can't possibly assess the level of damages yourself.

    You need a "professional" to negotiate a much bigger settlement for you.
    Mr Straw described whiplash as "not so much an injury, more a profitable invention of the human imagination—undiagnosable except by third-rate doctors in the pay of the claims management companies or personal injury lawyers"

  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    £500 may seem low but OP did not seek medical attention which in my book makes £500 a great offer.
  • Quentin
    Quentin Posts: 40,405 Forumite
    £500 may seem low but OP did not seek medical attention which in my book makes £500 a great offer.
    That sounds as though in your book it would be OK for you to offer an old lady £20 to take that old violin off her hands (when you know it's actually a Stradivarius)


    The OP is entitled to the going rate for compensation for suffering/pain/injuries caused by the insurers negligent client, not a figure a fast talking rep from the insurers hopes to get away with, when he should have really advised the OP to get independent legal advice, not done an "assessment" by radar!
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Suffering pain/injuries that did not require medical treatment? - come on admit it you are one of those ambulance chasers that inflate premiums for the rest of us.
    The insurance company should NOT have advised for OP to get independent legal advice - that is not their job. That would be up to the OP.
  • tom9980
    tom9980 Posts: 1,990 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've helped Parliament
    It's complicated you might heal fine and everything will be ok, however you might be unlucky and suffer aches and pains for years to come. My mum suffered a similar accident 25 years ago and was ok after a week or two, but after a few years the pain returned on a lower level and has never gone away. You should take your time, assess your injuries then push for a sum that also takes into account the potential for pain in later life.
    When using the housing forum please use the sticky threads for valuable information.
  • tom9980 wrote: »
    It's complicated you might heal fine and everything will be ok, however you might be unlucky and suffer aches and pains for years to come. My mum suffered a similar accident 25 years ago and was ok after a week or two, but after a few years the pain returned on a lower level and has never gone away. You should take your time, assess your injuries then push for a sum that also takes into account the potential for pain in later life.

    Really? How on earth would anyone be able to do that?

    You should receive compensation for what happened and that they know as a result not a potential that may never occur (or could easily be caused by anything else).

    I think I would seek legal advice OP, £500 sounds low. About 15 years ago I got a couple of grand for being knocked off my bike by a driver - I went to the hospital but no lasting damage.
    Thinking critically since 1996....
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