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claiming for whiplash


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OK time for some advise.

I had an accident on the m6 in jan 2007. A car hit me in the rear while i was stationary. I was in a transit connect van. As luck would have it there was only slight damage to the bumper.

I exchanged details with the driver who admitted fault. I then went on my way then stearted to feel pain in my neck and back so went to the hospital to get checked over. The hospital said i had soft tissue damage to neck and back. I received pain medication while at the hospital.

I saw my gp who agreed with the hospital an signed me of work and perscribed pain relief.

I was signed off work a total of 11 weeks and i was seeing a chiropractor.

I put a claim into the insurance company for the whiplash and loss of earnings. I have seen medical doctors for my insurance company and the othersides insureance company.

The thing is that i recieved an offer of £2500 which i refused and today i recieved an offer of £4250. These offers do not even cover the cost of the cost of my lost wages. This is a part 36 offer which my no win no fee solictors recommends to accept.

Is this the solictor just wanting there fee or can anybody on the forums offer any other advice?

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Hi Colin,

 

No one can really offer you legal advice on whether or not to accept an offer for PI.

 

What I would say is that there must be a reason for the P36 offer being considerably lower than what you expected, and the insurers would usually have made this clear to your sols- it may be worth asking them to confirm this?

 

Other than that, you have legal representation, however you may have dealt with claims handlers rather than solicitors, I would recommend asking them what your options are, would they be willing to issue proceedings under the terms of your no win no fee agreement?

Insurance Guy

If I can offer any help I will....

I have experience in Fault, Non-Fault & Disputed Liability Motor Claims for vehicle damage and hire, and some experience in Personal Injury Claims

 

 

If I've helped- please click my scales :D

 

ANY ASSISTANCE IS GIVEN ENTIRELY WITHOUT PREJUDICE- YOU SHOULD SEEK INDEPENDANT LEGAL ADVICE TO CONFIRM ANY ADVICE GIVEN

FEEL FREE TO PM ME A LINK TO YOUR THREAD IF YOU WOULD LIKE ADVICE 8-)

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I agree that it wouldn't be right for anyone to recommend whether you accept the settlement offer or not.

 

Can we assume you have completed the basics -

 

Submitted documentation showing your unpaid wages and salary rate?

 

Did you submit medical evidence from your doctor showing those specific dates being signed off as medically necessary?

 

Can you request a settlement breakdown from the insurer?

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I doubt whether this is a case of your solicitor just wanting his fees. Firstly, the more work he doesn, the higher his fees are. And secondly, he has a duty to advise you as to what is in your best interests.

 

If you ask him to explain exactly how they have calculated the compensation, he should be able to explain it all to you.

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