Compensation following a bus crash

smulx

Just after a bit of advice if anyone has experience with this type of thing. My friend was on a bus that crashed yesterday. She wasn't seriously injured but had to go to A&E today to checked and she's been told she has soft-tissue damage in her neck and symptoms associated with an existing long-term back injury have worsened. She's also had to miss work due to this. She's been in touch with the bus company and gave all the details of the incident and was told their insurance provider will be in touch.

She's wondering whether this will be to offer compensation. If so, I expect they'll try and get away with convincing her to accept a minimal amount. Does anyone know how this works? I'd be wary of involving a claims company but I'm not sure of the best way to go about ensuring she gets a fair offer.

sheramber

What do you consider a fair offer?

a.turner

There's no rush as she's got three years to claim so why not wait until she's recovered before seeking compo.

Oh and by the way a pre existing condition my see a reduction in payment.

Nobbie1967

I expect they will initially try to get your friend suitable treatment to reduce or eliminate the symptoms. Has she been to a physio yet?

smulx

sheramber wrote: »

What do you consider a fair offer?

I don't know, I don't have anything specific in mind. But if someone in the same situation were to seek legal advice or take them to court or go through a claims company, they may get X amount. If someone was to accept an initial offer from the bus company, I expect that would be significantly less. So I wouldn't consider that to be a fair offer.

a.turner wrote: »

There's no rush as she's got three years to claim so why not wait until she's recovered before seeking compo.

Oh and by the way a pre existing condition my see a reduction in payment.

I'll suggest waiting so she knows the full extent of how she was affected by the incident.

Nobbie1967 wrote: »

I expect they will initially try to get your friend suitable treatment to reduce or eliminate the symptoms. Has she been to a physio yet?

She hasn't. She has already been receiving physio for the existing injury, but doesn't know whether she'll be able to continue with the programme at the moment due to the pain she's in following the crash.

BarryBlue

My friend and I were in a similar situation last year. We were both thrown from our seats to the floor of a bus after some very reckless driving by the bus driver. I was bruised and shaken up, my 78-y-o friend also had a head injury. We contacted the bus company and they have a procedure which they must follow.

They will first examine the CCTV from the bus, which confirmed that the driver was responsible and that we had indeed fallen as we had stated. The matter was then referred to their insurers who deal with the matter. We filled in an extensive claim form, including granting access to the relevant medical records.

The insurers checked everything was genuine, then made offers that did not require any medical examinations, as our injuries were fortunately quite minor. We both did a bit of verbal negotiation with the representative of the insurer and settled. Cheques were received quite promptly, and overall the matter was dealt with quite professionally once the insurers were involved.

All I would say is don't accept a first offer if the injuries are more serious. Insist that the medical situation is fully explored in those circumstances. It is always difficult to know what a fair offer of compensation would be.

Takmon

BarryBlue wrote: »

My friend and I were in a similar situation last year. We were both thrown from our seats to the floor of a bus after some very reckless driving by the bus driver. I was bruised and shaken up, my 78-y-o friend also had a head injury. We contacted the bus company and they have a procedure which they must follow.

They will first examine the CCTV from the bus, which confirmed that the driver was responsible and that we had indeed fallen as we had stated. The matter was then referred to their insurers who deal with the matter. We filled in an extensive claim form, including granting access to the relevant medical records.

The insurers checked everything was genuine, then made offers that did not require any medical examinations, as our injuries were fortunately quite minor. We both did a bit of verbal negotiation with the representative of the insurer and settled. Cheques were received quite promptly, and overall the matter was dealt with quite professionally once the insurers were involved.

All I would say is don't accept a first offer if the injuries are more serious. Insist that the medical situation is fully explored in those circumstances. It is always difficult to know what a fair offer of compensation would be.

So how much did you both get? That's the thing everyone will want to know.

engineer_amy

I engaged a solicitor to do a personal injury claim when I was injured on a bus. I honestly don't remember who paid out the claim as it was a stolen car (uninsured driver) pulled out in front of the bus and the bus had no chance of stopping and hit it, but the bus was also travelling in excess of the speed limit, so im not sure where the liability fell, whether with the bus company, the MIB or jointly.
I was made 2 offers which my solicitor recommended I decline, then it went to court. The barristers had a chat before the hearing convened and consulted some sort of reference book on my injuries and came back with a figure that my solicitor said was at the top of the recommended compensation bracket, and it wouldn't be likely that I would be awarded anything more if it went in front of the judge.
It took 3.5 years to get to that point, very long and drawn out process, but I did get a significant joint injury that still gives me trouble 15 years on, and will likely become worse with age/arthritis etc. I don't think I would have been able to deal with the claim without assistance (or the clout of a legal professional)
it will be up to your friend to decide if the injury is significant enough or have the potential to be long term, and if the compensation offered is sufficient to accept. But remember that she doesn't have to accept their first offer, and if they do offer, it doesn't have to be accepted on the spot, she can take time to think about it, and if necessary engage a solicitor/specialist claims company

motorguy

I would suggest she focuses on getting her injuries resolved in the first instance, then worry about how much money she can get later.

Arklight

Good grief all these Slippin' Jimmys are the bane of modern life. I've travelled in countries where they literally cling to the roofs of buses as they barrel along mountainsides with an inch of space by the wheels, and somehow everyone manages to get where they are going without falling over and needing to be paid for it.

worried_jim

Ker-ching! Whipcash.