Personal injury claim rejecting direct proposal
Discussion
Hi,
Very long story cut short - 2 years ago I was impacted by a car in London.
Suffered Grade 2 ACJ shoulder injury which hasn't fully recovered (and probably never will) and several broken ribs at the time.
The driver was prosecuted for Careless and fined with points.
Many, many medical reviews, some physio, more medical reviews. And then a settlement offer from driver's insurance company for injuries of mid 4 figures. Then a rejection from me, followed by a revised offer £100 higher. I have not, to date, involved a solicitor.
Frustratingly, the injury still prevents me from doing long rides.
Anyhow, back on point. I have a suspicion the offer is low. But how can I now get legal advice on whether the offer is low without formally instructing them and losing the ability to go back and accept the insurance company's offer?
Very long story cut short - 2 years ago I was impacted by a car in London.
Suffered Grade 2 ACJ shoulder injury which hasn't fully recovered (and probably never will) and several broken ribs at the time.
The driver was prosecuted for Careless and fined with points.
Many, many medical reviews, some physio, more medical reviews. And then a settlement offer from driver's insurance company for injuries of mid 4 figures. Then a rejection from me, followed by a revised offer £100 higher. I have not, to date, involved a solicitor.
Frustratingly, the injury still prevents me from doing long rides.
Anyhow, back on point. I have a suspicion the offer is low. But how can I now get legal advice on whether the offer is low without formally instructing them and losing the ability to go back and accept the insurance company's offer?
Sounds on the low side to me
Not me but my dad was taken off a motorbike, broke both wrists (one very badly), a few ribs and an ankle with back/neck nerve damage etc on a 90/10 liability basis (there wasn't any but was easier to sort that way rather than arguing as the offer wouldn't have changed) and got a 6 figure payout - was in bed for 3 months and still struggles however.
Not me but my dad was taken off a motorbike, broke both wrists (one very badly), a few ribs and an ankle with back/neck nerve damage etc on a 90/10 liability basis (there wasn't any but was easier to sort that way rather than arguing as the offer wouldn't have changed) and got a 6 figure payout - was in bed for 3 months and still struggles however.
oyster said:
Hi,
Very long story cut short - 2 years ago I was impacted by a car in London.
Suffered Grade 2 ACJ shoulder injury which hasn't fully recovered (and probably never will) and several broken ribs at the time.
The driver was prosecuted for Careless and fined with points.
Many, many medical reviews, some physio, more medical reviews. And then a settlement offer from driver's insurance company for injuries of mid 4 figures. Then a rejection from me, followed by a revised offer £100 higher. I have not, to date, involved a solicitor.
Frustratingly, the injury still prevents me from doing long rides.
Anyhow, back on point. I have a suspicion the offer is low. But how can I now get legal advice on whether the offer is low without formally instructing them and losing the ability to go back and accept the insurance company's offer?
Consult a PI solicitor and explain the situation to them as you have described it. You do not have to necessarily formally engage them to ask them for their advise. I solicitor may make recommendations but in the end will ultimately only act upon your instructions. it may cost you a couple of quid for the consultancy but it may be worth for their opinion on the offer vis' the injuries suffered. Very long story cut short - 2 years ago I was impacted by a car in London.
Suffered Grade 2 ACJ shoulder injury which hasn't fully recovered (and probably never will) and several broken ribs at the time.
The driver was prosecuted for Careless and fined with points.
Many, many medical reviews, some physio, more medical reviews. And then a settlement offer from driver's insurance company for injuries of mid 4 figures. Then a rejection from me, followed by a revised offer £100 higher. I have not, to date, involved a solicitor.
Frustratingly, the injury still prevents me from doing long rides.
Anyhow, back on point. I have a suspicion the offer is low. But how can I now get legal advice on whether the offer is low without formally instructing them and losing the ability to go back and accept the insurance company's offer?
Additionally, you could maybe look at a book of quantum as regards to the injuries in question to give you a rough idea/guide as to the value of same. I'm not sure if one exists for such claims in the UK but here is one from Ireland which may be of use. Again this is a very rough guide to give you a broad idea as to how the process works. If one exists under UK jurisdiction then by all means go with that.
But over and above, consult a Solicitor.
https://www.piab.ie/eng/forms-guidelines/Book-of-Q...
oyster said:
Hi,
Very long story cut short - 2 years ago I was impacted by a car in London.
Suffered Grade 2 ACJ shoulder injury which hasn't fully recovered (and probably never will) and several broken ribs at the time.
The driver was prosecuted for Careless and fined with points.
Many, many medical reviews, some physio, more medical reviews. And then a settlement offer from driver's insurance company for injuries of mid 4 figures. Then a rejection from me, followed by a revised offer £100 higher. I have not, to date, involved a solicitor.
Frustratingly, the injury still prevents me from doing long rides.
Anyhow, back on point. I have a suspicion the offer is low. But how can I now get legal advice on whether the offer is low without formally instructing them and losing the ability to go back and accept the insurance company's offer?
Hi OP - that sounds ridiculously low. A family member was involved in a similar situation (actually, probably NOT as badly injured as you, however the driver was sentenced to prison time for other offences) and received £20k. They used Slater & Gordon in Manchester if that helps.Very long story cut short - 2 years ago I was impacted by a car in London.
Suffered Grade 2 ACJ shoulder injury which hasn't fully recovered (and probably never will) and several broken ribs at the time.
The driver was prosecuted for Careless and fined with points.
Many, many medical reviews, some physio, more medical reviews. And then a settlement offer from driver's insurance company for injuries of mid 4 figures. Then a rejection from me, followed by a revised offer £100 higher. I have not, to date, involved a solicitor.
Frustratingly, the injury still prevents me from doing long rides.
Anyhow, back on point. I have a suspicion the offer is low. But how can I now get legal advice on whether the offer is low without formally instructing them and losing the ability to go back and accept the insurance company's offer?
rastapasta said:
oyster said:
Hi,
Very long story cut short - 2 years ago I was impacted by a car in London.
Suffered Grade 2 ACJ shoulder injury which hasn't fully recovered (and probably never will) and several broken ribs at the time.
The driver was prosecuted for Careless and fined with points.
Many, many medical reviews, some physio, more medical reviews. And then a settlement offer from driver's insurance company for injuries of mid 4 figures. Then a rejection from me, followed by a revised offer £100 higher. I have not, to date, involved a solicitor.
Frustratingly, the injury still prevents me from doing long rides.
Anyhow, back on point. I have a suspicion the offer is low. But how can I now get legal advice on whether the offer is low without formally instructing them and losing the ability to go back and accept the insurance company's offer?
Consult a PI solicitor and explain the situation to them as you have described it. You do not have to necessarily formally engage them to ask them for their advise. I solicitor may make recommendations but in the end will ultimately only act upon your instructions. it may cost you a couple of quid for the consultancy but it may be worth for their opinion on the offer vis' the injuries suffered. Very long story cut short - 2 years ago I was impacted by a car in London.
Suffered Grade 2 ACJ shoulder injury which hasn't fully recovered (and probably never will) and several broken ribs at the time.
The driver was prosecuted for Careless and fined with points.
Many, many medical reviews, some physio, more medical reviews. And then a settlement offer from driver's insurance company for injuries of mid 4 figures. Then a rejection from me, followed by a revised offer £100 higher. I have not, to date, involved a solicitor.
Frustratingly, the injury still prevents me from doing long rides.
Anyhow, back on point. I have a suspicion the offer is low. But how can I now get legal advice on whether the offer is low without formally instructing them and losing the ability to go back and accept the insurance company's offer?
Additionally, you could maybe look at a book of quantum as regards to the injuries in question to give you a rough idea/guide as to the value of same. I'm not sure if one exists for such claims in the UK but here is one from Ireland which may be of use. Again this is a very rough guide to give you a broad idea as to how the process works. If one exists under UK jurisdiction then by all means go with that.
But over and above, consult a Solicitor.
https://www.piab.ie/eng/forms-guidelines/Book-of-Q...
It's not easy finding solicitors who are not 'no win no fee'. Where can they be found?
A cyclist injured by a motorist that ended up being convicted for the incident would likely get useful advice from fellow cyclist Martin Porter QC
http://www.2tg.co.uk/people/martin-porter-qc/
http://www.2tg.co.uk/people/martin-porter-qc/
JPJPJP said:
A cyclist injured by a motorist that ended up being convicted for the incident would likely get useful advice from fellow cyclist Martin Porter QC
http://www.2tg.co.uk/people/martin-porter-qc/
is a Barrister and not a solictor, therefore could only be approached formally via solicitor or via direct professional access, i.e.: chartered accountant for example. http://www.2tg.co.uk/people/martin-porter-qc/
oyster said:
rastapasta said:
oyster said:
Hi,
Very long story cut short - 2 years ago I was impacted by a car in London.
Suffered Grade 2 ACJ shoulder injury which hasn't fully recovered (and probably never will) and several broken ribs at the time.
The driver was prosecuted for Careless and fined with points.
Many, many medical reviews, some physio, more medical reviews. And then a settlement offer from driver's insurance company for injuries of mid 4 figures. Then a rejection from me, followed by a revised offer £100 higher. I have not, to date, involved a solicitor.
Frustratingly, the injury still prevents me from doing long rides.
Anyhow, back on point. I have a suspicion the offer is low. But how can I now get legal advice on whether the offer is low without formally instructing them and losing the ability to go back and accept the insurance company's offer?
Consult a PI solicitor and explain the situation to them as you have described it. You do not have to necessarily formally engage them to ask them for their advise. I solicitor may make recommendations but in the end will ultimately only act upon your instructions. it may cost you a couple of quid for the consultancy but it may be worth for their opinion on the offer vis' the injuries suffered. Very long story cut short - 2 years ago I was impacted by a car in London.
Suffered Grade 2 ACJ shoulder injury which hasn't fully recovered (and probably never will) and several broken ribs at the time.
The driver was prosecuted for Careless and fined with points.
Many, many medical reviews, some physio, more medical reviews. And then a settlement offer from driver's insurance company for injuries of mid 4 figures. Then a rejection from me, followed by a revised offer £100 higher. I have not, to date, involved a solicitor.
Frustratingly, the injury still prevents me from doing long rides.
Anyhow, back on point. I have a suspicion the offer is low. But how can I now get legal advice on whether the offer is low without formally instructing them and losing the ability to go back and accept the insurance company's offer?
Additionally, you could maybe look at a book of quantum as regards to the injuries in question to give you a rough idea/guide as to the value of same. I'm not sure if one exists for such claims in the UK but here is one from Ireland which may be of use. Again this is a very rough guide to give you a broad idea as to how the process works. If one exists under UK jurisdiction then by all means go with that.
But over and above, consult a Solicitor.
https://www.piab.ie/eng/forms-guidelines/Book-of-Q...
It's not easy finding solicitors who are not 'no win no fee'. Where can they be found?
Also check that the offer they gave you doesn't have a 'sell by'' date. If it does it may be worth writing to them formally advising that
'you are considering their offer and will revert accordingly in the very near future and you at all times reserve your rights', Also if you accept make sure you mark the acceptance as 'Without Prejudice'.
Is this not where no win no fee lawyers are useful? No dispute over liability. They will be familiar with appropriate compensation levels. Insurance company will get serious. Better losing a fee from a bigger pie than getting less than it's worth.
If I understand mid 4 figures correctly as around £5k that sounds far too low. A work colleague got £1500 for mild whiplash and seatbelt bruising.
Assuming the correct level of damages is much higher then using a lawyer is well worth it.
If I understand mid 4 figures correctly as around £5k that sounds far too low. A work colleague got £1500 for mild whiplash and seatbelt bruising.
Assuming the correct level of damages is much higher then using a lawyer is well worth it.
As noted above, that offer is incredibly low. I received £4K for ulnar nerve entrapment which is nothing in comparison to what you've had to go through.
Do you not have legal cover on your car insurance. You can use this and instruct someone otherwise they'll take 25% of your claim. My claim was dealt with by Michael W Halsall Solicitors.
Do you not have legal cover on your car insurance. You can use this and instruct someone otherwise they'll take 25% of your claim. My claim was dealt with by Michael W Halsall Solicitors.
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