Injured after car accident - Personal injury claim etc.

krlyr

Firstly, I feel the need to disclaimer that yes, I am actually injured and not just trying to pull a fast one!

I was involved in a car accident last night, the other driver has admitted liability and his insurance are dealing with me direct in regards to car repair etc. The subject of injuries came up and I was given an offer of payment based on symptoms at the time - which I asked for time to consider before accepting. This was a phone call ~2 hours after the accident, and more symptoms/injuries have become apparent overnight. I've been to the doctor this morning who has diagnosed whiplash but I'm also having pain in other places too. Totally unexperienced when it comes to this so would appreciate as much advice as possible!

I have had this offer made, they have sent it in writing and given me 21 days to accept or decline. Can I try to negotiate this offer, or is it a case of if I don't agree, I need to go through a lawyer to dispute? If I do dispute, is there a method generally accepted as most successful - no win/no fee type places or similar? Or am I better going through my own insurance - I don't have motor legal protection in my policy but I didn't know if this applies when the other party has accepted liability.

How long a time-frame do they expect for making a claim? Obviously I am unable to predict how these injuries will pan out, if they will worsen, if I'll incur costs in terms of time off work (I took today off work and I'm not sure if I'll be able to return straight away as the pain so far would impact on me using a computer), treatment costs etc., none of these factors were in play at the time of the offer they made.

Some of the pain I'm getting is in areas I've had pre-existing problems. I have a hip condition that I'm awaiting surgery for but it's been manageable and unsymptomatic for a while, until now. The lady at the insurance company did ask about pre-existing conditions and I informed her of it, she said something about needing to know if the accident had affected any previous health conditions. Does this work for/against me? I had assumed until she said that that they may argue out of paying for something that has a pre-existing issue but the way she worded it sounded like it was the opposite - like they would compensate more if the accident had aggravated an existing condition.

The GP I saw was not particular helpful, I did push for her to make a note of all the issues I was having to have it on record, but other than the whiplash diagnosis I was basically advised to rest, return if I wasn't improved or go to the hospital if anything worsened. Should I be pushing for further assessment/physio referral?

Any other advice would be great!

unholyangel

You have 3 years to claim for personal injury.

They're just trying to get it settled as quickly as possible - remember their interest is not you, its their customer/themselves.

Is their offer reasonable? Did they give a breakdown of their offer to enable you to know exactly how much they've allowed for the injury element?

phill99

You need to speak to your own insurers. You may have legal expenses cover. This will be activated and you will receive a call from an injury solicitor who will tell you not to accept anything at the moment. Your symptoms may get worse, require medical intervention etc. Any payment made by the insurers now will be in full and final settlement and you will not be allowed to claim for further symptoms.


Make a note of all of your symptoms etc. Your solicitors will instruct a doctor on your behalf.

Aretnap

An insurer's pre-medical offer will basically be set at a level which is designed to persuade chancers to take a bit of cash to go away. It's unlikely to be a full reflection of the injuries you've suffered, and you shouldn't accept it unless you're confident that your injuries are minor, aren't going to get worse and you really can't be bothered with the hassle of making a full claim.


Personal injury claims for anything more than the most minor injuries tend to be rather complicated and if possible you should use a solicitor. You don't have motor legal protection so you won't be able to use your own insurer for this, but if you're a member of a trade union or a similar body that might provide a similar type of legal expenses cover - so it's worth looking into that. If not then look for a local no won no fee outfit - but be aware that they may require a percentage of your compensation (up to 25% - though not all charge this much) as payment.

Nasqueron

Do you feel having the money in your bank will make your injuries go away? Would you heal faster with more money?


Provided the offer is within the boundaries for these injuries then accept it, if not, argue it

krlyr

unholyangel wrote: »

You have 3 years to claim for personal injury.

They're just trying to get it settled as quickly as possible - remember their interest is not you, its their customer/themselves.

Is their offer reasonable? Did they give a breakdown of their offer to enable you to know exactly how much they've allowed for the injury element?

Great to know about the 3 years.

I think given the extent of the injuries that have shown since, I'm not sure I would deem the offer reasonable. I've already taken time off work and I'm struggling with my return today - may have to take the afternoon off as the nerve pain in my dominant arm is impacting me quite a bit. Day-to-day activities have been impacted a lot too.

I wasn't given any breakdown of the offer but the symptoms at the time definitely were less severe than what I'm suffering with now.

Aretnap wrote: »

An insurer's pre-medical offer will basically be set at a level which is designed to persuade chancers to take a bit of cash to go away. It's unlikely to be a full reflection of the injuries you've suffered, and you shouldn't accept it unless you're confident that your injuries are minor, aren't going to get worse and you really can't be bothered with the hassle of making a full claim.


Personal injury claims for anything more than the most minor injuries tend to be rather complicated and if possible you should use a solicitor. You don't have motor legal protection so you won't be able to use your own insurer for this, but if you're a member of a trade union or a similar body that might provide a similar type of legal expenses cover - so it's worth looking into that. If not then look for a local no won no fee outfit - but be aware that they may require a percentage of your compensation (up to 25% - though not all charge this much) as payment.

Thanks, assumed this would be the case and they definitely are trying to hurry me into accepting, though I've said I need more time to see the extent of the injuries. Not a member of a trade union so I'll explore the no win, no fee options - a colleague is going through a claim so I'll see who they're using.

phill99 wrote: »

You need to speak to your own insurers. You may have legal expenses cover. This will be activated and you will receive a call from an injury solicitor who will tell you not to accept anything at the moment. Your symptoms may get worse, require medical intervention etc. Any payment made by the insurers now will be in full and final settlement and you will not be allowed to claim for further symptoms.


Make a note of all of your symptoms etc. Your solicitors will instruct a doctor on your behalf.

I don't have legal expenses on my policy (you never think you need all those extras until you do!) and they didn't mention anything when I called to notify them of the accident.

Good trip re. noting, I have started a diary of daily symptoms/issues for record.

Nasqueron wrote: »

Do you feel having the money in your bank will make your injuries go away? Would you heal faster with more money?


Provided the offer is within the boundaries for these injuries then accept it, if not, argue it

Money won't remove the injuries but will go towards potential treatment costs and loss of earnings (my job has quite a minimal sick day policy and I've already taken a couple of days off). I'm definitely not one to make false claims (and would not risk breaking the ethical code of the professional body I'm a member of, either) but don't want to be out of pocket for something that wasn't my fault.

Hoof_Hearted

I was offered £250 after my accident for personal injuries after my car was written off. This is a way of signing your rights away if things turn more serious. I told them that if my injuries proved more long term, I wasn't happy to settle on the day of the accident. As it happened, it was just a few bruises and, in the end, I claimed nothing. Probably, a bit of a mug but I hate people who make blatantly dishonest claims.

In the OP's case, just claim for what is reasonable. Losing earnings is a key consideration.

Nodding_Donkey

Don't rush

debtdebt

Just remember you can claim for loss of earnings and treatment fees on top of damages for personal injury.

I think it's best you hold off and get proper representation.

BethanyD

Do people not realise that this all changes from April 2020?

debtdebt

First of all, it's not April 2020 yet.

Secondly, the proposed reforms have already been delayed once so there's nothing to say they won't be delayed again.

Thirdly, if the changes come in, the OP can still present a claim for personal injury and special damages. Nothing changes, you'll still be able to claim for whiplash just at a revised rate.