Advice on personal injury claim through insurance

[Suzanna]

Hello

 

I had a car accident almost 3 months ago where another car hit me at the rear at a high speed, as a result I have suffered bad whiplash amoungst other associated injuries.

 

I have not appointed a solicitor as the insurance company said I didn't need one and their claims team will handle things. I was referred to an independent medical expert 2 months after the accident and the outcome was a report that said I had sufferred whiplash that has caused severe pain at times and it is likely to take a further 4 months to heal (6 month injury in total). I am not 100% confident that it will be better within the time stated as it still causes moderate pain daily but I am hoping they are right.

 

The insurance company have offered me £2000 compensation but I want to take my time and see if it heals before settling. The insurance company said they will only make this one offer and as I have not appointed a solicitor they are offering me the maximum amount up front that is achievable and there is no negotiation.

 

I think the offer is a bit low and I am a bit confused as everywhere I read it says you negotiate on the compensation figure, where as the insurance company said 'take it or leave it'.

 

Is this correct? Should I get a solicitor or will I only get the same amount anyway?

 

Thanks in advance.....

[honeybee13]

Hello and welcome to CAG.

 

I expect the insurance guys will be along later today or tomorrow.

 

I'm not one of the experts, but I share your concern about being told 'this is how it is'. I'm sure I've read on here that the guys have told people to think twice about settling because they don't know when they'll be better.

 

Hopefully they'll be along soon to tell you what they think, please bear with us.

 

My best, HB

[Suzanna]

Thank you, I look forward to their advice as I feel very unsure on what i should do. Thanks again.

[honeybee13]

Thank you, I look forward to their advice as I feel very unsure on what i should do. Thanks again.

 

Hello again. I understand that and agree that you shouldn't rush into anything.

 

HB

[Yorkyclaims]

Hi,

 

The offer will be on the table for a long time - dont worry about that! You have 3 choices: you can wait until 6 months, if you still feel pain then ask for supplementary medical report, you can take the money now, or you can get a solicitor. Personally I would ake option 1 BUT... if you are wanting a settlement now £2000 for a 6 month whiplash is quite generous (if it is for pain and suffering only) - ie no loss of wages... You could always squeeze an extra £500 if you wanted...

[unclebulgaria67]

Not an expert in PI claims.

 

It really depends on how bad the injury is and how it will affect you in coming years. Only medical assessments will help you with this.

 

I have had whiplash from a Rugby accident and while the pain went after a month or so, I had a dodgy neck for several years after. Dodgy in that I did not have amount of movement, would more often wake with a stiff neck and it was just uncomfortable for at least 2 years after.

 

So the other thing you could look at, other than compensation, is for the third party Insurers to pay for physiotherapy or other treatments that may be recommended. I strongly recommend that you look into this, as if you need any such treatments, I think you would rather the third party Insurers pay for these, rather than yourself. You would struggle for the NHS to offer such treatments.

 

If you can get £2k plus cost of ongoing rehabilitation treatment to help the neck recover, then I would think that would be about right. The third party Insurers would need some medical assessment about the need for this ongoing treatment, but I think it is worth getting.

[Suzanna]

Thanks for your help. I have had some physio for it, but the insurance company have said I can have 8 more and thats it. My main concern is that I am kind of being told that I have an offer of £2k and 8 therapy sessions and thats it and I don't have a choice, I always thought this was kind of a negotiation process but they said take it or leave it so to speak. Does anyone know if I have any options? I know I could instruct a solictor but the insurance company said that will make no difference as they have offered me everything they can and instructing a solicitor will just waste time.

 

Is it true or would I be able to negotiate on the amount and further therapy?

[unclebulgaria67]

Thanks for your help. I have had some physio for it, but the insurance company have said I can have 8 more and thats it. My main concern is that I am kind of being told that I have an offer of £2k and 8 therapy sessions and thats it and I don't have a choice, I always thought this was kind of a negotiation process but they said take it or leave it so to speak. Does anyone know if I have any options? I know I could instruct a solictor but the insurance company said that will make no difference as they have offered me everything they can and instructing a solicitor will just waste time.

 

Is it true or would I be able to negotiate on the amount and further therapy?

 

I think the Insurers have a point. Are you willing to spend 6 months going down the legal route and coming out with the same result ? I can see a judge looking at it and deciding not to awards the costs to you, so you would have a legal bill, if you did not use a no win no fee company.

 

Up to you. There is no harm speaking to PI solicitors about a no win no fee claim for this and seeing what they say.

[Ganymede]

Well considering the JSB Guidelines put compensation for a 12 month neck injury at £2,850.00, £2,000.00 for a 6 month injury would seem more than reasonable.

 

You can't have physio treatment indefinitely, it has to be supported by the medical expert.

 

If you don't think you will recover then wait until the end of the prognosis. Either way there is a risk.