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PI and Compensation


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I was involved in a car accident 3 weeks ago someone went into the back of my car, i was stopped he hit me must have been 10-15 mph i dunno it was a good whack, wrote off my car :( Ive had an offer from the insurers 1,375 for injury claim, (have trapped nerve and had a bad neck which is better than it was but still not fully healed) which is based on 3-4 months recovery time, i refused seeing as i was still in pain, am now going for a medical in september. Since the first offer was based on my physio notes and doctors notes (i would presume) and there are a few more weeks to go before i have the medical and obv im improving all the time, thou still have bad days, would they take into consideration the pain ive already suffered or would they jsut see that im much better and therefore offer me less compensation? Being that i lost a weeks pay and the cost of phonecalls etc, and am still currently going for physio, can they offer less the 2nd time?

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The first offer will be was is known as a pre-medical offer and the third party insurers are trying to tempt you into settling as they know that once you go to see the medical expert they will more than likely have to pay more. They will not have seen your medical notes at this stage and never will. It's very unlikely that the medical expert will even see them!

 

They can offer less but they won't as the compensation for your injury is calculated on the length of time of recovery., so the longer the recovery the higher the award.

 

It doesn't matter that you are improving as the expert may say it will take a further 6 months for example to recover. Once you see the expert he will give a prognosis for the recovery period and your solicitor will calculate the value of your claim using that. YOu can then either make an offer to settle or wait out your prognosis period to make sure that you are fully recovered as once you settle you cannot go back for more compensation.

 

Your loss of earnings, phone calls and physio etc are all separate claims and will be pain on top of anything you are awarded for your injury.

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Also, as a Direct Claimant it is unlikely they will offer you less. They are well aware if they do, then you will seek legal representation, which will add a couple of grand to their claim. IMO the offer of £1375 for a 3-4 month whiplash seems reasonable for pain suffering and loss of ameneties. As said above, work out your loss of earnings (if paid weekly get your work to give you, or look at past payslips for the 13 weeks immediately before the accident. add your net pay & divide it by 13. his is your "pre accident average". Check it against the weeks after and if the weeks after are less, than this will be your loss of earnings. Claim your travel to see the expert - if travelling by car, multiply by 40p /mile travelled, if any other form keep the ticket / receipt. Claim for postage etc. too.

Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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I have got a paralegal (i know not quite a lawyer) he sent off paperwork to the insurance company and they got back with that offer basically the same day! My medical is in 12 days just want it over with, then having to wait for the report!

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I have got a paralegal (i know not quite a lawyer) he sent off paperwork to the insurance company and they got back with that offer basically the same day! My medical is in 12 days just want it over with, then having to wait for the report!

 

 

As I said the offer is there to tempt you as they know you'll receive more if you actually go for the medical.

 

Wait for the medical report before accepting any offers.

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  • 2 weeks later...

Hiya again :) Been for the medical was okay more stressful was driving down to it! Dr says i have whiplash (knew that) recovery 3-6 months, have to have more physio also thats gonna be sorted, was having it on nhs so wonder if they will do it private this time? So just gotta wait for the paperwork to be sent to my solicitor then see what happens from there, didnt lie or over exaggerate anything completly honest to how i was feeling, am feeling now, hope they wont take too long to get back to me, would like to see what she put in the computer when she was chatting to me!

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