Insurance claim offer

evansr83

hi, I was after some advice.  I was in a car accident before Christmas 2019. The accident wasn’t my fault, the other driver admitted liability and my car was repaired in 3 weeks. The insurance company of the other driver also put me through to their injury department as issues from previous health issue arose after this accident. I suffered for 10 years with what doctors described as possible nerve pain in my neck, shoulder, face and arm. I had a lot of treatment over the years and finally a year ago, the pain eased and finally went away, after this accident, it’s all returned. I have been offered £1900 as a settlement, is this something I should accept, a lot of people have said to deny first offer and I know this isn’t something I am entitled too but wanted some advice as now this pain has returned I will have to start paying for different therapies such as acupuncture, sports message etc. Sorry for the long post, any advice would be appreciated thanks

MovingForwards

Have you gone back to pre-accident no pain?

If not, how long do they expect you to be back to how you were?

Wouldn't be accepting anything unless my condition have reverted back to how it was pre-accident.

lisyloo

It absolutely is something you are entitled to if you’ve been given pain and injury, not just your costs but your suffering. The fact that you have a pre-existing injury doesn’t matter.

You can google the “egg shell skull principle” if you are interested but basically it doesn’t matter how fragile you are, any damage someone else does is entitled to be compensated for.
i think you’ve made a mistake using their solicitor. They clearly have an interest in keeping the costs down and they are representing the other insurer not you.
you should have got your own solicitor to prioritise your interests.
now you are unsure what to do as you don’t have independent advice.

have you signed anything with this insurer that binds you?

it really is up to you how much hassle you want and that is what they are relying on and generally make it as hard as possible for you to get a fair settlement.

if you want an easy life take the money.
if you want a fairer settlement then you should get independent advice. Does the settlement include future treatment costs as well compensation for pain and suffering?

evansr83

Hi, thank you both for replying. I wasn’t intending on seeking anything further after the accident, but their insurers called a few times asking to refer me to their claims department as I had mentioned the type of pain I was in.  I haven’t signed anything yet, so I could seek legal advice.  I went to a medical with them and the doctor has written they believe this is consistent with whiplash injuries and claims I’ll feel better in 4 months. I know it’s not whiplash as it’s the pain I have suffered with previously, I wasn’t aware whiplash could be in my face too? I’m not sure I want the hassle of fighting this as it could go on for a while and I haven’t really got the funds to pay a solicitor to act on my behalf, I’m also in a new job so worried about asking for too much appointment tome if that makes sense but wasn’t sure what would happen if I rejected the first offer? The settlement doesn’t mention anything about further medical costs, from reading it, it’s a one off payment?

lisyloo

No they don’t normally pay for future treatment but You are entitled to be compensated for:

Pain and suffering
treatment (although they are entitled to say you should use NHS)
loss of income (with proof of lost money not deduction in paid holiday)
any overtime or promotion or job you can’t take (if applicable)

you won’t necessarily have to pay a solicitor (plenty do no win no fee) although there could an appointment or two if your getting an independent assessment (your new employer ought to let you have time off for dentists/doctors/health appointments).

if you reject they’ll probably come back with a slightly higher offer but they’ll make you wait intentionally as they want you to get fed up and give in.

personally I  don’t  think it’s high enough (not a lawyer but I’ve had that kind of payment for fews days whiplash and full recovery) but it really is up to you how hard you want to fight.

a solicitor could tell you that you could get more but they can’t tell you whether you want to fight for another 6-12 months or not, that is up to you.

also bear in mind that waiting is not necessarily a bad thing (unless your desperate to pay for private treatment). Your conditon could get worse and you might have to Turn down a promotion so it may be a mistake to agree before all the costs are fully known.