Whiplash Claim Advice Please

Sjmw1

After some advice regarding a whiplash claim I have ongoing.
I had a car accident back in august. I was stationary on the motorway in a queue when a car crashed into me travelling at 40mph. I was shunted forward into van ahead. Suffered concussion and whiplash.
The car which caused accident was a write-off, I don’t know her injuries as she was stretchered off to hospital and I had no updates off police. Police, fire service, ambulance & highway patrol all attended. My car was repairable, just.

I went to a&e that night as had severe headache & dizziness and pain in left shoulder. Had a ct scan but showed nothing major, so was discharged with advice & pain relief.
I’ve since had 4 months of weekly physio and take prescription pain relief due to ongoing pain in shoulder.
Mentally, I’m now a nervous driver - the girl who caused accident didn’t move following it and I had to climb out of my car on the motorway to check her and give first aid. Quite simply I thought she was dead. I had 2 young children in my car. No other cars stopped, not even van I was shunted into. Not nice.

I chose to instruct my own solicitor as not happy with who my insurance referred me to. They referred me for physio, which I’ve had extended as injury not better. I also had a medical. I’ve seen gp for prescription pain relief.
I’ve now been offered £2300 by 3rd party insurance, which is lower than my solicitor wanted but apparently they won’t raise. However, after I pay my legal fees I’m left with £1400. I feel this is low given that 4 months on I’m still struggling with shoulder pain and flashbacks.
3rd party insurance say as CT scan showed nothing and I wasn’t referred for psychological support, they won’t reconsider.
My prognosis expires end of feb, I’ve been told to wait and settle after is long-winded and will mean my medical records need to be bought up. Then I’d be re-examined but if no new evidence settlement wouldn’t go up so not really worth dragging out. Solicitor has also said she wouldn’t take it to court. So I feel I’m being forced to settle at this amount.

Has anyone had similar experience/injuries? Does this seem low? A customer of mine said he settled at £3k but never saw a gp or had physio 🤷🏻!♀️ Basically had minor neck ache for a few weeks, so if he’s telling the truth and 4 months on I’m still in genuine pain I don’t understand my low offer?
Solicitor has been zero help and is almost pushing me to accept hence why I’m on here asking.

FutureGirl

Your solicitor has your medical report. They obviously feel the offer of £2,300 is reasonable for what has been noted in the report.

Every claim is different, so you can't really compare it against your customers claim.

The fact you're left with £1,400 is irrelevant. It's whether the £2,300 is reasonable or not. I don't think it's reasonable for a 6 month injury, but the fact your solicitor is pushing acceptance leads me to believe that something has been mentioned in the medical report which is leading your solicitor to want you to accept the offer, and not want to go to Court.

How much do you want? Is what you value it at reasonable?

strawb_shortcake

I was in a car accident around 20 months ago and still waiting to settle. I am aware that compensation limits for tissue damage has decreased in recent years so this may account for your settlement being lower than others that had previously suffered similar.
For damage to my back, leg and neck I was offered a rather paltry £2600. Whilst prior to being offered a sum I had not considered what I may get, this didn't feel enough. With injuries ongoing I refused to settle.
I had a follow up appointment a few months back and was advised that the damage to my legs is permanent, my whiplash injury is still there and can be considered permanent too ( to be honest I had got used to it and thought it was normal). I am also waiting for an MRI to check my back. I have no idea what a revised settlement will look like, probably not what I've dreamed of but we'll see.

I'd advise a new physiotherapist, they should not have made your injury worse but bear in mind the cold won't help.
The flashbacks will fade in time
Your solicitor should be the expert and have a good idea of what is a reasonable sum of compensation.
If your injuries really are not improving do not settle.

OnanTheBarbarian

Pointless asking such queries on here as most folk have no idea and those that do (myself included) cannot really assist properly whilst not being in possession of the actual medical evidence (report) for your claim.

How long post-accident does the GP report your solicitors have obtained say it is going to take for each separate injury to recover? That is the only way anyone with some knowledge in this area could give a ball park figure.

If you have concerns your recovery will not be completed within the prognosis period stated in the GP report your solicitors have obtained, now is not the time to be getting into settlement negotiations as you risk under-settlng the claim if you do a deal now and your injuries last far longer than stated in the prognosis in the medical report.

As you are paying for legal advice (seems there is a 20% + VAT "success fee" deduction plus about £300 for After The Event legal expenses insurance) you are best seeking it via the solicitor you have instructed.

I hope you didn't have legal cover via your insurers as your decision to use your own solicitor sounds like it is costing you £900 in deductions.

Jumblebumble

Sjmw1 wrote: »

After some advice regarding a whiplash claim I have ongoing.
I had a car accident back in august. I was stationary on the motorway in a queue when a car crashed into me travelling at 40mph. I was shunted forward into van ahead. Suffered concussion and whiplash.
The car which caused accident was a write-off, I don’t know her injuries as she was stretchered off to hospital and I had no updates off police. Police, fire service, ambulance & highway patrol all attended. My car was repairable, just.

I went to a&e that night as had severe headache & dizziness and pain in left shoulder. Had a ct scan but showed nothing major, so was discharged with advice & pain relief.
I’ve since had 4 months of weekly physio and take prescription pain relief due to ongoing pain in shoulder.
Mentally, I’m now a nervous driver - the girl who caused accident didn’t move following it and I had to climb out of my car on the motorway to check her and give first aid. Quite simply I thought she was dead. I had 2 young children in my car. No other cars stopped, not even van I was shunted into. Not nice.

I chose to instruct my own solicitor as not happy with who my insurance referred me to. They referred me for physio, which I’ve had extended as injury not better. I also had a medical. I’ve seen gp for prescription pain relief.
I’ve now been offered £2300 by 3rd party insurance, which is lower than my solicitor wanted but apparently they won’t raise. However, after I pay my legal fees I’m left with £1400. I feel this is low given that 4 months on I’m still struggling with shoulder pain and flashbacks.
3rd party insurance say as CT scan showed nothing and I wasn’t referred for psychological support, they won’t reconsider.
My prognosis expires end of feb, I’ve been told to wait and settle after is long-winded and will mean my medical records need to be bought up. Then I’d be re-examined but if no new evidence settlement wouldn’t go up so not really worth dragging out. Solicitor has also said she wouldn’t take it to court. So I feel I’m being forced to settle at this amount.

Has anyone had similar experience/injuries? Does this seem low? A customer of mine said he settled at £3k but never saw a gp or had physio ����!♀️ Basically had minor neck ache for a few weeks, so if he’s telling the truth and 4 months on I’m still in genuine pain I don’t understand my low offer?
Solicitor has been zero help and is almost pushing me to accept hence why I’m on here asking.

There is a tariff in place for whiplash injuries
This tariff is lower than one might previously have been awarded. I know someone 2 years ago who got £4500 for a similar case to yours before solicitors cut but they would not get this now.
Your solicitor's figures does not seem to far from this but I am sure they will explain in detail if you ask.

OnanTheBarbarian

Jumblebumble wrote: »

There is a tariff in place for whiplash injuries
This tariff is lower than one might previously have been awarded. I know someone 2 years ago who got £4500 for a similar case to yours before solicitors cut but they would not get this now.
Your solicitor's figures does not seem to far from this but I am sure they will explain in detail if you ask.

Tariff won't apply until injuries sustained after April 2020 and this may be delayed unless the Litigant In Person Portal is fully operational.

But yes you are correct to say injured claimants will be in for some bad news once the tariff becomes operational.

Example, a 3 month whiplash injury will be worth less than a 4 hour delay at Heathrow. Don't expect to see your premiums tumble on the back of this, but everyone swallowed the PR dross from the insurance industry who somehow managed to get the Civil liability Act through Parliament despite not much else happening due to Brexit shenanigans.

chanz4

Bet you had wished you had stuck with your insurance one, why did you move as wouldn't of cost you/

Jumblebumble

OnanTheBarbarian wrote: »

Tariff won't apply until injuries sustained after April 2020 and this may be delayed unless the Litigant In Person Portal is fully operational.

But yes you are correct to say injured claimants will be in for some bad news once the tariff becomes operational.

Example, a 3 month whiplash injury will be worth less than a 4 hour delay at Heathrow. Don't expect to see your premiums tumble on the back of this, but everyone swallowed the PR dross from the insurance industry who somehow managed to get the Civil liability Act through Parliament despite not much else happening due to Brexit shenanigans.

I will stand corrected
This does mean from my experience the solicitor is settling too low although if I were an insurer I would be tempted to use the future tariff figures for any present claims
I wonder how the courts would view this.