Accepting offer after car accident

TonyBe

Hello everybody, apologies if this is not the right place for asking this questions:
In July 2017 my girlfriend and I were involved in a car accident, it was the other person's fault and they assumed responsibility, we then contacted our ins, admiral, and they gave us also their legal support by passing the case to admiral law.
After that, we had to repair our car, ignoring the first advice from our insurance, as they wanted to write it off, despite the fact that the car was in almost perfect condition, it only had some minor damages on the outside panels... Anyway, we repaired it, and our insurance offered us some medical treatment for the injuries, as we had really bad pains around the back and neck... After some sessions with a chiropractic, provided by admiral (TICCS) we started to feel better...
Finally, after a tedious process of paperwork, I have received an official offer from the other person's insurance, it has been sent to my case handler.
They estimated the value of my injuries in to be in the region of £2,400.00 and £2,700.00.

The letter also say that the offer has been made under Part 36 of the Civil Procedure Rules, and it is a final offer (despite of being the first offer that I have received) with a value of £3,000.00 minus the costs of the chiropractic, which is £250 for a few sessions...

After all they say that I can either accept it or reject it within a 21 days period, if I reject it, the letter states that then I would need to contact with my legal expenses insurer (thing that I don't have, as far as I know...)

So I've heard from other people advice saying that I shouldn't accept the first offer, but I'm a bit concerned about rejecting it, because I don't really want to extend this for a longer period but I would like to obtain a bigger compensation after all that suffer and long process that we have been through...

So could anybody suggest what I should be doing in this case? It would be great to hear from your experiences and get a better idea of what to do!

Thanks in advance!

Nasqueron

I believe (pending expert confirmation) that the part 36 offer is their "final" offer pending any other medical evidence to the contrary. It's important because if you reject it and it goes to court and you don't see an increase in payout (or even get a lower one), you will be liable for costs - it's intended to discourage people from playing the system if the offer is reasonable.

I got less than you have been offered (though I had expenses for physio and other losses which were also claimed) after a car drove into me while I was cycling so I'd accept it

FutureGirl

What does your case handler say about the matter? They are better positioned to advise on whether you should accept it or not.

Their offer would be dependant on your injuries, and the length of time you were injured for. It would also take into account whether the insurer offered their preferred treatment provider or not initially.

It used to be that you shouldn't accept the first offer but it's all changes these days. If I make a part 36 offer, it's my best offer.

TonyBe

Thanks everyone for answering so quickly! I messaged my case handler saying that I believe that the offer should be higher, and she instantly replied showing me some cases of other people where they had similar accidents and they were compensated with lower amounts of money, so she said that "based on these facts, we would struggle to beat the offer made by the other side insurers."

The thing is that due to the fact that the case handler has been also supplied by admiral, I don't know who I should be trusting anymore haha

It also surprises me the fact that the first offer has been done based on the part 36... There was no room for negotiation then?

Nasqueron

TonyBe wrote: »

Thanks everyone for answering so quickly! I messaged my case handler saying that I believe that the offer should be higher, and she instantly replied showing me some cases of other people where they had similar accidents and they were compensated with lower amounts of money, so she said that "based on these facts, we would struggle to beat the offer made by the other side insurers."

The thing is that due to the fact that the case handler has been also supplied by admiral, I don't know who I should be trusting anymore haha

It also surprises me the fact that the first offer has been done based on the part 36... There was no room for negotiation then?

Payouts are largely fixed in bands now with a minimum and maximum depending on injury. If it's at the higher end of the band for whatever injury you had then you won't beat it. I had a first offer (not part 36) of £1500 and got it up to £2050 after a medical consultation and that involved a trip to A&E and 2 weeks off work. I have damaged soft tissue still being found 2+ years later. I'd take that offer in a heartbeat, my claim took nearly 20 months

eschaton

I know Direct Line only make a first and final offer.

I got £3300 last year. There was 0% negotiation, take it or leave it.

They paid for all my medical expenses and general expenses such as mileage and parking costs.

I was looking for closer to £5k but I accepted their offer as I'd had enough after months of physiotherapy and wanted it over with.

Lagamorph

I'm amazed a big insurer is sending people to quacks like Chiropracters for actual injuries.

FutureGirl

eschaton wrote: »

I know Direct Line only make a first and final offer.

I got £3300 last year. There was 0% negotiation, take it or leave it.

They paid for all my medical expenses and general expenses such as mileage and parking costs.

I was looking for closer to £5k but I accepted their offer as I'd had enough after months of physiotherapy and wanted it over with.

Not necessarily. It depends on a variety of factors. I don't make my Part 36 offers first and final.

Lagamorph wrote: »

I'm amazed a big insurer is sending people to quacks like Chiropracters for actual injuries.

They don't - it's the solicitors that instruct them in most cases.