Injury claim after accident - Is this a fair payout?

HannaB

Hello all,

Once again, I am hoping you might be able to help me. In July, I was hit from behind by a white van man on my way to work. He admitted liability straight away, but unfortunately the car was a total write-off. I have a desk job and since the accident I have been having neck and shoulder pain while at work.

I have just heard from my insurer-appointed solicitors and they have said that they will approach the third party with £1800 to consider as a compensation offer, providing that I attend 6 physiotherapy sessions as recommended by the IME (which I intend to do).

I was just wondering if this sounds fair? I have no experience of making any sort of claim on any insurances. £1800 is a lot of money to me at the moment, but I just want to make sure that I am getting a fair deal.

Am I just being greedy? Does anyone have any advice?

Thanks as always

HB

mattymoo

£1800 seems about right for the 5 months or so suffering endured. Question is, are the problems going away or will it drag on? You only have one bite at the compensation cherry and sometimes it may be best to wait and ensure the problems do clear up as predicted.

Mr_Bear_2

whats the prognosis? when you are expected to recover by according to the ime?

mum2one

that is a good price, ive had 2 accidents, they average it on a 6 to 12 month recovery period, average for neck, shoulder pain, £1,000 to £1,500, if its whiplash that can add it up to £2,000.

Have you got a seperate claim for any loss of earnings, out of pocket expenses, as they are in addition to the injury compensation.

HannaB

Thanks for the replies.

The IME said I will recover by February 2008 with the physiotherapy. My out of pocket expenses are around £120 (cab fares, trips to take pictures of the write-off damage, etc). I think this will be added on top.

The IME also said, on top of the whiplash, I have been suffering from low self-esteem and I am on anti-anxiety drugs.

It has been suggested by a member of my family that I ask the solicitor approach the third party with an offer of £2300, and hope they settle around the £2000.

Again, I don't know if this is realistic or if I should run with the offer that's already on the table.

Mr_Bear_2

The offer isnt a bad one actually

In your position I would do exactly what you suggest I would ask for around 2500 and take any increase in the 1800!

Good luck!

HannaB

Thanks again. I was just looking for some reassurance that I'm on the right track. I'll get in touch with the solicitor in Monday and let you know how I get on.

mum2one

Most of the time the 1st offer on the table gets rejected and the solicitor acting for you says we want say £2,500 then the other party comes back with a counter offer, the solicitor may think your 1st offer is sufficient, the downside to it all is reject the 1st offer, the other party say no and then its court.

From experience this is my claim history

accident 1998 settled 2001 - 1st offer 850 rejected settled for £1,500
accident 2000 -settled in 2000 - 1st offer was1,500 which we took as I was advised not to push for any more.

nearlyrich

Is your solicitor a specialist?

There are scales of compensation rates and a good specialist solicitor will have researched current cases and will know exactly what it's worth.

HannaB

The solicitor is Shoosmiths. From what I understand on their website (call me stupid, first claim remember) they are a chain and they do advertise their services for personal injury claims. I'm not sure if they are "specialised" as such.

Emmylou_2

As someone who works in the law, I would say that Shoosmiths were a good firm with a decent reputation in the personal injury field. Their lawyers would definitely class themselves as "specialists" - and the settlement seems reasonable to me.

Plus - if this offer is accepted by the other side, you'd probably have the money by Christmas.