First ever accident - whiplash claim?

SamDunham

I've just got off the phone with the insurance company regarding an injury claim, and the guy must have said 5 times 'you have the right to seek legal advice'... which makes me wonder if I should?

Long story short, I was a passenger in a vehicle stopped at red traffic lights and the car behind didn't stop but just went straight into the back of us. The driver has admitted liability and the claim for the damage to our vehicle is ongoing.

The insurer (Admiral group) is offering £700 to the driver and £800 to me as a 'full & final global offer', excluding the cost of repairing the vehicle. I think that means if we incur any further losses/pain we can't go back and ask for more?

Driver and I have both seen our GPs, both been told we have whiplash and referred for physio. The driver is in real pain, is having to take painkillers everyday and is struggling to work as he has a manual job. I am not in as much pain as the driver, but have a stiff and aching shoulder and a whopping headache (GP has said the headache comes from whiplash).

Driver thinks the offers are low, but I have no experience and wanted to get someone else's opinion. £800 is not an insignificant amount of money, but if I end up needing more time off work, it's not 2 week's wages (the accident was already 7 days ago).

Does anyone have an opinion one way or another?

Car_54

Don't be in a rush to accept the offer.



It can take weeks or months for the full extent of any injuries to be clear. Most likely they are relatively minor, but there's a small chance of something more serious which could affect your future earnings.



I would take the legal advice if it's being offered free. In the meantime, keep a record of everything you have to spend.

walwyn1978

You’re correct that if that’s their full and final global offer and you accept there’s no more money even if you incur big bills/lose your job etc due to medical reasons. Do as Car 54 says.

AdrianC

SamDunham wrote: »

The insurer (Admiral group) is offering £700 to the driver and £800 to me as a 'full & final global offer', excluding the cost of repairing the vehicle. I think that means if we incur any further losses/pain we can't go back and ask for more?

It means exactly that.


You have a choice - £800 is on the table now, take it and everything is fully dealt-with. Or you can wait and see what happens, and how it all develops, which will involve more hassle and may eventually see a payout of less.

Driver and I have both seen our GPs, both been told we have whiplash and referred for physio. The driver is in real pain, is having to take painkillers everyday and is struggling to work as he has a manual job. I am not in as much pain as the driver, but have a stiff and aching shoulder and a whopping headache (GP has said the headache comes from whiplash).

Yet he's being offered less money? Seems strange.

but if I end up needing more time off work, it's not 2 week's wages (the accident was already 7 days ago).


Does anyone have an opinion one way or another?

Why isn't your employer paying while you're off sick?

SamDunham

Thank you for your replies so far.


// Yet he's being offered less money? Seems strange. //
It is isn't it? When I asked about that on the phone, he just said I can't see anything about the driver's claim...




// Why isn't your employer paying while you're off sick? //
Because I'm self-employed, so if I don't work I don't get paid.

AdrianC

Ah. Self-employed means you're going to need to prove your losses if you want to drag it out, just to add to the fun.

facade

AdrianC wrote: »

Why isn't your employer paying while you're off sick?

You will probably have to repay any company sick pay above SSP out of your settlement, which should be elevated to include it. SSP is claimed from the insurer directly by the DWP. Check the T&Cs of your contract of employment if you are getting sick pay.

SamDunham

AdrianC wrote: »

Ah. Self-employed means you're going to need to prove your losses if you want to drag it out, just to add to the fun.

Yeah that's what I thought The guy I spoke to this morning said it can take up to 6 months if I go through my legal cover.

Merlin139

I was hit in the same manor as you in Nov 2014. Got my car repaired and all my medical bills including 6 trips to the physio and expenses paid. After 9 months I was advised to settle by my side for £1500. The amount being around half what I was told I would likely get. I was in pain and wearing a collar for 10 days but was able to cope.

I did not take any time off work. Having previously broken my neck in the late 70's ( Fracture to C1, Split in C2 and displacement to C3) I was able to deal with not turning my head to the side without being in pain and I suppose I accepted the pain as it got better.

I settled in the end because I just wanted it to go away.

trailingspouse

I got whiplash in 2004 - £1600 in full and final settlement. If I'd known that I would be in pain for a good 6-7 years, and that even now my range of movement is slightly less in the left shoulder than in the right, I would have held out for more.


On a practical note (because, while getting compensation is good, getting better is better), I found that Pilates exercises were the turning point in my recovery.

MovingForwards

I had a van go in the back of me in 2002, settled the repairs and injury claim on advice of the laywer/paralegal handling my case after going through private physio, Dr assessment on recovery time etc.

2018 I am still in pain and also have many other problems as a result of the accident.

Insurance companies make a quick/low offer as it settles the 'injury claim' quick and sorts out the 'false' claims. if you have not recovered and it only happened recently you do not know how long it will be before you are back to 'normal'.