Crash......Police.....Insurance.....Solicitors
Discussion
Hi,
I was involved in a crash on the A4 on Saturday night. I was completely at a standstill waiting to turn right near Earls Court and somebody just didnt't look up and ploughed into the back of my car at what he believes to be 25mph. The car isnt a write off as luckily he turned at the last second and just wiped out my rear bumper, and the other good news is he instantly claimed full liability for the crash, saving me the hassle of the endless amounts of uninsured, lying drivers on the roads. I felt fine after the crash, better than the other guy seemes, but obviously slightly shaken, however the next morning i started to experience a ridiculously stiff neck, as in i couldnt turn it to the right, so i was advised by the man who crashed into me (who i have been in regular contact with and he seems to be the most genuine person i could have been hit by) and my family to go to the GP. The GP instantly called whiplash and stated he could visibly see swelling. My insurance asked if i was injured and i stated just my neck is, but if it is going to cause too much hassle for myself and the other driver then i didnt want to persue. The other driver then instructed me to get my injuries seen too. I have been called by a solicitors appointed by my insurance, which i have no problem with, but now his insurance have said i can deal with them directly as it will save them the £8000 solicitors fees. My question to you is what is the easiest and most beneficial way of dealing with this, from my point of view as well as the other driver, as i dont want to get swindled out of money as i will need it to pay for the course of physio which has been recommended to me through my doctor.
Sorry about the huge essay but the whole thing has been quite a lot to take in, as i seem to recieve around 10 calls a day from various companies.
Just as an added point, i dont think that the rental company listened when i asked for a similar size car, they have swapped my 3dr polo gti for a 4 door, 57 plate passat 170 tdi, which is incidently quite a nice car to drive,and feels quite quick for the size.
Thanks for taking an hour out of your day to read this
Oli
I was involved in a crash on the A4 on Saturday night. I was completely at a standstill waiting to turn right near Earls Court and somebody just didnt't look up and ploughed into the back of my car at what he believes to be 25mph. The car isnt a write off as luckily he turned at the last second and just wiped out my rear bumper, and the other good news is he instantly claimed full liability for the crash, saving me the hassle of the endless amounts of uninsured, lying drivers on the roads. I felt fine after the crash, better than the other guy seemes, but obviously slightly shaken, however the next morning i started to experience a ridiculously stiff neck, as in i couldnt turn it to the right, so i was advised by the man who crashed into me (who i have been in regular contact with and he seems to be the most genuine person i could have been hit by) and my family to go to the GP. The GP instantly called whiplash and stated he could visibly see swelling. My insurance asked if i was injured and i stated just my neck is, but if it is going to cause too much hassle for myself and the other driver then i didnt want to persue. The other driver then instructed me to get my injuries seen too. I have been called by a solicitors appointed by my insurance, which i have no problem with, but now his insurance have said i can deal with them directly as it will save them the £8000 solicitors fees. My question to you is what is the easiest and most beneficial way of dealing with this, from my point of view as well as the other driver, as i dont want to get swindled out of money as i will need it to pay for the course of physio which has been recommended to me through my doctor.
Sorry about the huge essay but the whole thing has been quite a lot to take in, as i seem to recieve around 10 calls a day from various companies.
Just as an added point, i dont think that the rental company listened when i asked for a similar size car, they have swapped my 3dr polo gti for a 4 door, 57 plate passat 170 tdi, which is incidently quite a nice car to drive,and feels quite quick for the size.
Thanks for taking an hour out of your day to read this
Oli
This:
Or play the game and bump up everyone's premium.
robinhood21 said:
Why not ask the other drivers insurer what they will offer for the whiplash incurred. If you are happy with the figure, accept the offer. At least, if happy with the amount, will have cut out the additional solicitors fee and, every bit helps with keeping premiums down.
Not this:notalways said:
If you are injured, let the solicitors appointed by your insurance company deal with your claim. The other guy's insurers will just want to get rid of you cheaply, and you won't get what your claim is worth. Don't speak to them.
The physio treatment will cost a few hundred pounds, add your excess and a bit for the inconvenience.Or play the game and bump up everyone's premium.
Bill said:
This:
Or play the game and bump up everyone's premium.
There was me thinking that it was the person that caused the accident and injury that was responsible for increasing premiums / excesses. robinhood21 said:
Why not ask the other drivers insurer what they will offer for the whiplash incurred. If you are happy with the figure, accept the offer. At least, if happy with the amount, will have cut out the additional solicitors fee and, every bit helps with keeping premiums down.
Not this:notalways said:
If you are injured, let the solicitors appointed by your insurance company deal with your claim. The other guy's insurers will just want to get rid of you cheaply, and you won't get what your claim is worth. Don't speak to them.
The physio treatment will cost a few hundred pounds, add your excess and a bit for the inconvenience.Or play the game and bump up everyone's premium.
Silly me.
By no means trying to bleed money to bump up premiums, if you read my original post then you should notice this. And as for age i am only 21 and have never experienced a stiff neck or back in my life before the crash, im going through the insurance for the least bother all around as they said they will pay for any medical costs which is my main concern.
Oli
Oli
OliPolo said:
as for age i am only 21 and have never experienced a stiff neck or back in my life before the crash,
Oli
Welcome to the world of back problems as you will probably be suffering for the rest of your life. The problem is that it may be OK in a few weeks but the underlying damage could always be with you.Oli
I had an accident when I was about 25 and at the time it wasn't a problem apart from a sore neck a few days later. But later in life I got a few more injuries (sports related mainly) and the all compound on each other so I have ended up with back and neck problems where I have to be very careful what I do.
Don't ignore this and don't rush any claim until the full long term extent of any damage is known.
I'd be careful with the hire car. I have almost been stung with this when I was knocked off my motorbike. I had a hire bike which I now have to justify to the courts. You are responsible for keeping all the associated costs of the claim to a minimum. Not to mention the extortionate hire rates they charge. If I could do it again I would not have taken it at all. Atleast the liability is clear cut in your case.
A word of caution - YOUR insurance company have a duty-of-care to you, which means if your car isn't repaired to your satisfaction first time around, they'll go into bat on your behalf.
HIS insurance company has no such duty-of-care...they'll just pay the bill when it's sent by the body-shop and close the case.
So...no problem dealing direct IF you trust the body-shop 100%.
If not, then you're taking a risk.
Oh...fair play to you for not going down the whole ambulance-chaser route though!
HIS insurance company has no such duty-of-care...they'll just pay the bill when it's sent by the body-shop and close the case.
So...no problem dealing direct IF you trust the body-shop 100%.
If not, then you're taking a risk.
Oh...fair play to you for not going down the whole ambulance-chaser route though!
Theres cases for both, I used to work for a legal services company who dealt with uninsured loss with injuries and anything else not covered like for example, if your nice estate had someone else plow into it they would get you a similar car arranged for the time your car was off the road and not some 10 year old s
ter form the garage...if you needed it that is.
I know most on here have the view that those type of services drive premiums up, but if you heard half the stuff the people I talked to was put through by the third party insurers being tight with cash, you'd be rethinking your point of view I'm sure.
The fault is with stingy insurers who try to cut costs no matter what, meaning the person who isn't at fault being dealt with, in my view, criminally bad. Uninsured loss companies wouldn't exist if the at fault party's insurers were fair.
Its a judgment call on your part. I hope it all works out for you.
ter form the garage...if you needed it that is.I know most on here have the view that those type of services drive premiums up, but if you heard half the stuff the people I talked to was put through by the third party insurers being tight with cash, you'd be rethinking your point of view I'm sure.
The fault is with stingy insurers who try to cut costs no matter what, meaning the person who isn't at fault being dealt with, in my view, criminally bad. Uninsured loss companies wouldn't exist if the at fault party's insurers were fair.
Its a judgment call on your part. I hope it all works out for you.
Edited by The Hitman on Monday 29th March 19:17
Having had a similar experience recently, below are my suggestions.
1, Claim through your insurance company (rather than working direct with the 3rd party insurers) for the repairs as another poster recommended.
2, Instruct your own, local accident specialist solicitor. I cannot stress this point enough. All the companies in the supply chain such as rentacar companies, repairers and solicitors pay your insurer/broker commission. They will most likely instruct a company who are miles away from where you live and you will be just another case number, no personal service. Furthermore, the solicitors fee structure for claims of this nature are fixed however, some of them pass upto 80% of their fees to other parties as commission payments for introducing you as a "client", Imagine the quality of legal representation you will receive with this sausage factory approach to claims!
Instructing your own, local specialist solicitor will mean you should get proper expert advice from someone who has dealt with previous claims in your area, knows the road where your accident took place and the medical specialists you will need to see. Furthermore, they will do this on a no win no fee basis as their fees will be covered by the other drivers insurer at pre-agreed rates.
If you take this route, expect to receive a number of calls asking you why you don't want to use their recommended solicitor, it's all about the commission so just be firm. BTW, this will not affect your claim for damage to your car in any way.
3, If you are unsure about the "recommended repairer", insist your car is repaired by a garage of your choice.
1, Claim through your insurance company (rather than working direct with the 3rd party insurers) for the repairs as another poster recommended.
2, Instruct your own, local accident specialist solicitor. I cannot stress this point enough. All the companies in the supply chain such as rentacar companies, repairers and solicitors pay your insurer/broker commission. They will most likely instruct a company who are miles away from where you live and you will be just another case number, no personal service. Furthermore, the solicitors fee structure for claims of this nature are fixed however, some of them pass upto 80% of their fees to other parties as commission payments for introducing you as a "client", Imagine the quality of legal representation you will receive with this sausage factory approach to claims!
Instructing your own, local specialist solicitor will mean you should get proper expert advice from someone who has dealt with previous claims in your area, knows the road where your accident took place and the medical specialists you will need to see. Furthermore, they will do this on a no win no fee basis as their fees will be covered by the other drivers insurer at pre-agreed rates.
If you take this route, expect to receive a number of calls asking you why you don't want to use their recommended solicitor, it's all about the commission so just be firm. BTW, this will not affect your claim for damage to your car in any way.
3, If you are unsure about the "recommended repairer", insist your car is repaired by a garage of your choice.
David911RSR said:
2, Instruct your own, local accident specialist solicitor. I cannot stress this point enough. All the companies in the supply chain such as rentacar companies, repairers and solicitors pay your insurer/broker commission. They will most likely instruct a company who are miles away from where you live and you will be just another case number, no personal service. Furthermore, the solicitors fee structure for claims of this nature are fixed however, some of them pass upto 80% of their fees to other parties as commission payments for introducing you as a "client", Imagine the quality of legal representation you will receive with this sausage factory approach to claims!
Instructing your own, local specialist solicitor will mean you should get proper expert advice from someone who has dealt with previous claims in your area, knows the road where your accident took place and the medical specialists you will need to see. Furthermore, they will do this on a no win no fee basis as their fees will be covered by the other drivers insurer at pre-agreed rates.
Great advice, do this.Instructing your own, local specialist solicitor will mean you should get proper expert advice from someone who has dealt with previous claims in your area, knows the road where your accident took place and the medical specialists you will need to see. Furthermore, they will do this on a no win no fee basis as their fees will be covered by the other drivers insurer at pre-agreed rates.
When I had my motorcycle accident the insurer tried to palm me off with a company in bristol, whuich is the other end of the country with me. I went with local solicitor on a recommendation. The number of times I've had meetings with them and the help of their relationship with local medical professionals, I can't even think how the bristol company could have given me a fraction of the service
Sorry to hear you've been involved in an accident!
With regards to the hire vehicle, the company may have put you in the Passat due to the fact that they may not have had a vehicle in the same class as yours available when you needed it. They would most likely charge the Third Party Insurer the daily rate for the lower class as they would not get away with charging for a more prestigous vehicle.
Turning to your Personal Injury claim, it's your choice whether you decide to let the Third Party Insurers deal directly with yourself or not. Some Insurers make an offer immediately of between £1000 - £2000 without seeing any medical evidence. Personally, I wouldn't accept such an offer as you could still be suffering symptoms 12 months post accident which would mean that you would have settled at a figure which would not have adequately compensated you for the length of injury. If you do decide to go down this route, I would opt to be medically examined by an independent medical expert who will be instructed by the Third Party Insurer. He will consider your medical records prior to seeing you and then once you have been examined, prepare a report which will give a prognosis and breakdown of your injury. The Third Party Insurer will then make you an offer based on the contents of the report. They may deem it fair but at this stage, you are on your own and would have no legal guidance whatsoever as to whether the offer is reasonable or not. This would be where instructing your own Solicitors may well be beneficial...
If you decided to instruct your own Solicitors please please please remember that it's your decision who you decide to instruct. You do not have to instruct Solicitors recommended by the hire company, the repair garage, the Third Party Insurer or even your own Insurers. This is a straight forward rear end shunt with liability admitted so any Solicitor will snap your hand off for this case. I would recommend instructing a local firm who you can chase personally of they start dragging their feet. They will also instruct an independent medical expert to prepare a report but the difference would be that they will advise you whether any offer from the Third Party Insurer is reasonable or not.
Your Solicitor's costs will obviously be paid by the Third Party Insurer. If you manage to settle your claim without recourse to Court Proceedings being issued, their costs will be nowhere near £8000. The cost of the medical report fee will have to be paid by the Third Party Insurer regardless as to who deals with the claim. Your own Solicitors will claim their costs on a Predictive Costs basis (if you settle at less than £10000) which works out at £800 base costs plus 20% of the first £5000 of damages recovered and 15% of the subsequent £5000. So if your claim settled in the sum of £2500, your Solicitor's costs would total £1300 plus vat plus disbursements.
It's your choice how you want to forge ahead. If you want any more information, PM me.
With regards to the hire vehicle, the company may have put you in the Passat due to the fact that they may not have had a vehicle in the same class as yours available when you needed it. They would most likely charge the Third Party Insurer the daily rate for the lower class as they would not get away with charging for a more prestigous vehicle.
Turning to your Personal Injury claim, it's your choice whether you decide to let the Third Party Insurers deal directly with yourself or not. Some Insurers make an offer immediately of between £1000 - £2000 without seeing any medical evidence. Personally, I wouldn't accept such an offer as you could still be suffering symptoms 12 months post accident which would mean that you would have settled at a figure which would not have adequately compensated you for the length of injury. If you do decide to go down this route, I would opt to be medically examined by an independent medical expert who will be instructed by the Third Party Insurer. He will consider your medical records prior to seeing you and then once you have been examined, prepare a report which will give a prognosis and breakdown of your injury. The Third Party Insurer will then make you an offer based on the contents of the report. They may deem it fair but at this stage, you are on your own and would have no legal guidance whatsoever as to whether the offer is reasonable or not. This would be where instructing your own Solicitors may well be beneficial...
If you decided to instruct your own Solicitors please please please remember that it's your decision who you decide to instruct. You do not have to instruct Solicitors recommended by the hire company, the repair garage, the Third Party Insurer or even your own Insurers. This is a straight forward rear end shunt with liability admitted so any Solicitor will snap your hand off for this case. I would recommend instructing a local firm who you can chase personally of they start dragging their feet. They will also instruct an independent medical expert to prepare a report but the difference would be that they will advise you whether any offer from the Third Party Insurer is reasonable or not.
Your Solicitor's costs will obviously be paid by the Third Party Insurer. If you manage to settle your claim without recourse to Court Proceedings being issued, their costs will be nowhere near £8000. The cost of the medical report fee will have to be paid by the Third Party Insurer regardless as to who deals with the claim. Your own Solicitors will claim their costs on a Predictive Costs basis (if you settle at less than £10000) which works out at £800 base costs plus 20% of the first £5000 of damages recovered and 15% of the subsequent £5000. So if your claim settled in the sum of £2500, your Solicitor's costs would total £1300 plus vat plus disbursements.
It's your choice how you want to forge ahead. If you want any more information, PM me.
I was hit from behind during the snow and like you suffered with a bad neck / back.
The first and most important thing that you should do is see a specialist and get it worked on right away. I'm sat here nearly 3 months on with a stiff neck and back that doesn't enjoy the thought of hard work!
I'm also going through the same experience as a poster above who was assigned a case number to a solicitor miles away. He always seems to have just received a letter on the day I call him! Essentially I'd just like to make sure that my physio costs are covered as at £40 a session it's starting to mount up.
I've also had the medical examination from the 3rd parties specialist which consisted of me being quizzed about "What the hell does a product manager actually do?" and being asked to stand up, turn my head left to right and bend down to touch my toes. All with a large jumper on. Not quite sure what he could have told from the 30 seconds he took to examine me...
Anyway, I'd worry about stuff in this order
1) Your health
2) You car
3) Any payments you are offered, and remember when they pay you it's as a result of the pain you have suffered and the pain you may or may no suffer due to the injury in later life.
The first and most important thing that you should do is see a specialist and get it worked on right away. I'm sat here nearly 3 months on with a stiff neck and back that doesn't enjoy the thought of hard work!
I'm also going through the same experience as a poster above who was assigned a case number to a solicitor miles away. He always seems to have just received a letter on the day I call him! Essentially I'd just like to make sure that my physio costs are covered as at £40 a session it's starting to mount up.
I've also had the medical examination from the 3rd parties specialist which consisted of me being quizzed about "What the hell does a product manager actually do?" and being asked to stand up, turn my head left to right and bend down to touch my toes. All with a large jumper on. Not quite sure what he could have told from the 30 seconds he took to examine me...
Anyway, I'd worry about stuff in this order
1) Your health
2) You car
3) Any payments you are offered, and remember when they pay you it's as a result of the pain you have suffered and the pain you may or may no suffer due to the injury in later life.
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