Motor accident claim

[Deleted User]

thank you so much Grumpy_Chap

[Deleted User]

Grumpy_chap said:

Deleted_User said:

My dad is 87 and was in a car accident in 2019. injuries to his neck, back, chest and leg. He also suffered psychological problems and has been diagnosed with PTSD and depression.

Deleted_User said:

The thing is in her letter she did not mention PTSD or dads depression, or the fact he cannot drive as he is too scared. 

There will be some basis that has been used, though it's possible that if the Solicitor is being limited in what they provide, then the offer is simply a sum plucked from thin air and putting it to you to see if you will just accept that sum and close the case?
Is this from your Solicitor, or the third party? 
If it is your Solicitor, they should be acting in your (Dad's) interests and not trying to fob you off.  Much may come from the wording around the figure, so "I assess your claim..." is quite different to "I have received a notification from the third party's insurers and they state 'I assess your claim...' which I forward for your comment".

If you are not satisfied with the level of detail provided, go back and ask for clarification and how the £6k to £7k has been derived. 
Once you have that calculation, you can then assess it.  Does the calculation reference standard methodologies, for example?
Also, once you have the way the calculation has been derived, you can determine whether it takes into account anything for the PTSD, depression, life impacts to activities-of-daily-living (too scared to drive) etc.
Without this information, you are simply being asked to accept the sum offered with no rationale.

The solicitor has said
"The figure was reached by looking at JC Guidelines which provide valuation brackets for personal injury claims and by researching cases that have settled with similar injuries. The Psychological injury has been taken into account. The physical injury to your dad's neck is only 50% due to the accident so this has kept the value down a little. I am more than happy to make our first offer with a higher figure."

Grumpy_chap

Given that the Solicitor is being rather obtuse, are you able to find he JC Guidelines and see if they make any sense?

Sandtree

Grumpy_chap said:

are you able to find he JC Guidelines and see if they make any sense?

I am not sure you'll find the guidelines available for free online; certain ambulance chasers publish tables "based on" the guidelines but you'd imagine they are slightly optimistic views of them given they are encouraging people to claim.

You can buy copies of the guidelines and considering they are specialist press their price isnt too bad, Amazon was sub £20 for the latest edition last time I looked. Obviously after using it for this purpose it'll be good to keep for helping you fall asleep in the future... its not a real page turner.

[Deleted User]

This is the response I received
" Ana The figure was reached by looking at JC Guidelines which provide valuation brackets for personal injury claims and by researching cases that have settled with similar injuries. The Psychological injury has been taken into account. The physical injury to your dad's neck is only 50% due to the accident so this has kept the value down a little. I am more than happy to make our first offer with a higher figure. However, the valuation I have provided is a realistic one. If you can list the time that you have provided in assisting your dad with various things, I can include a claim for care and assistance. This will be claimed at £7 per hour. Please be aware that this is not always agreed when it is a close family member providing the care."

[Deleted User]

Grumpy_chap said:

Given that the Solicitor is being rather obtuse, are you able to find he JC Guidelines and see if they make any sense?

I found them and this is what they said after I put my dad's injuries in 

ontheroad1970

Deleted_User said:

Grumpy_chap said:

Given that the Solicitor is being rather obtuse, are you able to find he JC Guidelines and see if they make any sense?

I found them and this is what they said after I put my dad's injuries in 

Where did you find them?  If on a NWNF solicitor's website, be very careful as the only people that truly make money from litigation are litigators.  Cases can take many years even when things don't look complicated.  In the meantime, the solicitor's fees mount up.  

williamgriffin

Deleted_User said:

Grumpy_chap said:

Given that the Solicitor is being rather obtuse, are you able to find he JC Guidelines and see if they make any sense?

I found them and this is what they said after I put my dad's injuries in 

Go with them then, after your dad has paid his current solicitor there maybe a bit left for him. 

Sandtree

Looks like an ambulance chaser's website which will state they are "based on" the official values... naturally taking the official values and timing them by 4 is based on the official values. They inevitably increase the values notably to make it look like its worthwhile signing up to claim

angrycrow

Ptsd needs to have been diagnosed by a psychologist or  psychiatrist in a medico legal report. You would not have an award for Ptsd and psychiatric injury it is one or the other. The bracket used for the Ptsd and psychiatric injury are too high.

There is a certain level of knowledge required to correctly interpret the JC guidelines. 

If the whiplash is only 1 to 2 years and only 50% due to the accident plus the chest injury and travel anxiety £7000 would be a very good settlement.
It is all about the detail in the medical reports.