Whiplash injury

Drogba_3

Hi was involved in a car accident in november last year

a car pulled out on me at a roundabout causing me to write off my toyota the crash was really scary.

The 3rd party admitted liability and was paid out within a month

As a result I got a whiplash injury to my lower back which has caused me to be off work for 20 days and have also have had some depression

I have been on a lesser lighter work load since then for 3 months and am still suffering symtoms of pain and discomfort on a daily basis.

I have decided to handle the claim myself and have been offered 700 pounds by the insurance company which I have turned down and since now they have obtained my gp records.

Can anyone give me a rough idea of what I should expect to get offered please

Quentin

What qualifications do you have to handle this yourself?

If none you should get some advice on this matter.

You aren't saving yourself anything in handling it yourself as should you use a solicitor, (or ambulance chaser type organisation), then their fees will be paid for by the third party.

Drogba_3

Thanks Quentin

I'm not qualified but I want to handle this my self

I don't want to go to a no win no fee unless they (insurance company) are not fair with me.

What I hope is that it will be settled quicker due to me dealing with the claim rather than a no win no fee who will just bump up the overall cost for the insurance company.

if anyone could give me a rough idea I would be grateful

:-)

V_tricky

Hi,

I'm afraid I disagree there HERE IS A LINK to a previous thread I posted on about how you might go about dealing with any claim against a negligent partys insurer, including what you might expect re: valuation and why.

All a solicitor (and it probably wouldn't actually be a solicitor dealing with it anyway, more likely an ex-insurance claims staff member who's line manager, or line manager's manager might be a solicitor) will do will be to send the OP to a medical expert, look on JSB Guidelines for the ballpark amount and forward it to the insurer and invite an offer before then writing to the OP to advise him of the offer made.

If he went directly, the insurer would more than likely send him to a GP for a medical report, and then forward an offer to him after checking JSB for a ballpark figure.

There are times I would recommend going to a solicitor - mainly detailed on that thread linked above, but for a bog standard whippy, it may simply be more convenient to do it yourself. You can then chase the organ grinder (the insurer who's gonna be making the offer & writing the cheque) and not the monkey (the solicitor who's going to be playing chinese whispers passing messages on between the OP & the insurer and vice versa).

V_tricky

Hi,

One more thing, obviously at this stage we don't know how long your prognosis will be (ie the length of time you will be suffering) although if/when you're referred to a medical expert for a report, he/she will give their estimate of your prognosis time and this is what the insurer will base it on.

HERE IS ANOTHER LINK on another thread which gives the details of another MSE'ers more serious injury, and what she can expect.

I think probably both are worth a read so I hope you take the time to glance through.

Quentin

This is not a "bog standard whippy".

The OP says he has suffered depression, and is still suffering pain. He has not returned to his normal work.

Yet he has already got as far as an offer from the insurers.

It is because this claim should be nowhere near an offer at this stage that I suggest he gets some advice.

V_tricky

Hi,

One final thing (promise!) your injury as described will warrant not just a GP/orthopaedic report, but also a psychiatric report. Let the insurer know & they can arrange that for you, including any treatment (physiotherapy or cognitive behavioural therapy) that is recommended.

Even if you have suffered with depression before, if this incident has exaccerbated it, you are entitled to compensation for that.

Hope you get better soon

V_tricky

Quentin,

It doesn't matter whether he's been in pain for a week, or two years. A bog standard whippy is a bog standard whippy.

I agree that the depression does complicate things to a degree, which is why he needs two separate medical reports.

I've already said in previous posts that if someone doesn't have the time, doesn't feel confident, or is getting a rough ride then of course they should contact a solicitor, or to check that an offer they've received is reasonable.

Just because the OP has a psych aspect, or perhaps a long prognosis it certainly doesn't mean that he can't deal with it himself.

The OP is better placed to make the decision whether he would feel more empowered dealing with it himself, or whether it would cause him more undue stress to do it himself.

He may have legal cover under the terms of his own insurance, or via a union membership so if he does decide that he wants to use a firm of solicitors, then he may not have to go down the nowinnofee route.

Drogba_3

Thankyou for all the helpful info.

I do not have legal cover and would rather deal directly

The insurance company have been Ok with me so far paying for prescriptions etc

Do you think after recieving my medical records that they will be in a position to make another offer or will they just arrange a specialist appointment ??

Also does it matter that the whiplash is a back injury and not a neck ??

Thankyou

geri1965_2

Back injuries are worth more than neck.

V_tricky

Hi,

The insurer will make a further offer after receiving the estimated prognosis on the GP report (this is not the same as obtaining your medical records), but again, if you are suffering an element of psychological injury, I would recommend that you ask them to get you a psych report too to enable them to have the full facts at their disposal so that they can value your claim accurately.

It doesn't matter whether your whiplash is neck or back.