Road traffic accident and personal injury claim - help!
Road traffic accident and personal injury claim - help!
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donutsina911

Original Poster:

1,049 posts

215 months

Saturday 14th June 2014
quotequote all
Long story short from earlier this week. I was a passenger in my car, girlfriend driving and we were hit by another car. Fairly low speed impact at around 25mph, but my car was mangled and is likely to be written off (Airbags going off alone looked like they'd cost a small fortune to replace!).

Both suffered injuries and assessed by A&E as whiplash and (her), perforated eardrum and suspected tinnitus, concussion,whiplash, chipped front tooth and a pulled leg muscle where I'd tried to stomp on the brake (me). Third party admitted fault, traffic officer unequivocal in apportioning blame and third party party insurers have accepted liability. The day after the accident, I was contacted by two departments of the third party's insurer -the first to deal with the car, the second to deal with any personal injury claim. Car looks like it will be sorted equitably based on their initial comments, but it's the PI issue that's bothering me. I gave an overview of our injuries and after being put on hold for 2 minutes was made an offer of £1,250. I didn't decline this, but asked for time to take legal advice. I took some advice and was advised that the offer should be laughed at.

So, the dilemma is this. All I'm looking for is to be put back into the same position as I was before the accident, both car and my health. What I don't want is a lengthy drawn out process where I'm engaging an ambulance chaser to rinse every last penny out of the situation. Provided the car is dealt with fairly, I'll probably be looking at about £800 in dentistry, about half a dozen days off work this week and for docs/dentist/physio and some minor expenses. More than £1,250, but not massively so. The knackered ear is the fly in the ointment as tinnitus can either come and go or stick around, so may have to wait and see how that pans out.

Ideally I'd like to do a deal with the insurers - something fair and proportionate and resolved quickly. What's the best way to do this without compromising my position?

As an aside, Sussex traffic cops were utterly brilliant. Letter to them on it's way...

aw51 121565

4,773 posts

264 months

Saturday 14th June 2014
quotequote all
The PI stuff, I'd put on the back burner for now - it's a bit early to be making payouts (which are probably "in full and final settlement" wink ), is't it?? nuts

I'd say so to them as well, don't engage at this stage smile .

EDIT: And ask them not to ring you again, plus say you'll put a complaint in if they do and ask who you can complain to if needed.

donutsina911

Original Poster:

1,049 posts

215 months

Saturday 14th June 2014
quotequote all
aw51 121565 said:
The PI stuff, I'd put on the back burner for now - it's a bit early to be making payouts (which are probably "in full and final settlement" wink ), is't it?? nuts

I'd say so to them as well, don't engage at this stage smile .

EDIT: And ask them not to ring you again, plus say you'll put a complaint in if they do and ask who you can complain to if needed.
Sounds like sensible advice, thanks smile Thought there might have been a way of being grown up about things, but perhaps it's best to just leave things for now...

Jezzerh

816 posts

153 months

Saturday 14th June 2014
quotequote all
That's the early, low-ball offer they make to suss out if you're skint enough to grab it.

donutsina911

Original Poster:

1,049 posts

215 months

Saturday 14th June 2014
quotequote all
Jezzerh said:
That's the early, low-ball offer they make to suss out if you're skint enough to grab it.
Yep, I get that they're gone ugly early, but hoped we could do a deal, without fuss and without some scrote in Birkenhead adding an extra £2k of costs into the proceedings!

rasto

2,223 posts

268 months

Saturday 14th June 2014
quotequote all
I was involved in an accident 3 years ago (my fault) which involved personal injury (to the 3rd party). The final settlement came through at the start of this year..... £24000 ! I think it was so high because an ambulance chasing firm got involved, I was sent all the doctors reports from the 2 years of treatment the 3rd party received and he did see a lot of specialists however the total cost still seemed a bit high.

Strangely this had almost no effect on my insurance premium and I'm now paying less than I was before the accident.

Anyway, the initial offer they have made to you sounds very low - does it cover just your injuries or is your girlfriend making a separate claim ?

bad company

21,920 posts

297 months

Saturday 14th June 2014
quotequote all
I would speak with a local Solicitor specialising in PI claims rather than one of those PI claims firms.

You can find a local specialist here - http://solicitors.lawsociety.org.uk/

donutsina911

Original Poster:

1,049 posts

215 months

Saturday 14th June 2014
quotequote all
rasto said:
I was involved in an accident 3 years ago (my fault) which involved personal injury (to the 3rd party). The final settlement came through at the start of this year..... £24000 ! I think it was so high because an ambulance chasing firm got involved, I was sent all the doctors reports from the 2 years of treatment the 3rd party received and he did see a lot of specialists however the total cost still seemed a bit high.

Strangely this had almost no effect on my insurance premium and I'm now paying less than I was before the accident.

Anyway, the initial offer they have made to you sounds very low - does it cover just your injuries or is your girlfriend making a separate claim ?
Just for me...

£24,000? Jeez.

mph1977

12,467 posts

199 months

Saturday 14th June 2014
quotequote all
Jezzerh said:
That's the early, low-ball offer they make to suss out if you're skint enough to grab it.
or guillible enough to take the 'free money' and close the door should the dental stuff , for example, end up needing thousands more work


whiplash in general , is a bit of a made up complaint - although there are some people who do have longer term issues, ( how much is physiclaand moew much is somatic / supra tentorial , however is up to debate )

donutsina911

Original Poster:

1,049 posts

215 months

Saturday 14th June 2014
quotequote all
mph1977 said:
or guillible enough to take the 'free money' and close the door should the dental stuff , for example, end up needing thousands more work


whiplash in general , is a bit of a made up complaint - although there are some people who do have longer term issues, ( how much is physiclaand moew much is somatic / supra tentorial , however is up to debate )
In this case, whiplash wasn't a complaint, it was a diagnosis from the Consultant.

LoonR1

26,988 posts

208 months

Saturday 14th June 2014
quotequote all
You won't get rich quick on this. The £24000 claim probably had a lot more to it than just a bit of whiplash and so e other minor injuries.

Get the car sorted let the injuries fully materialise then claim. Also they don't lowball you, that's just Internet bks.

donutsina911

Original Poster:

1,049 posts

215 months

Saturday 14th June 2014
quotequote all
LoonR1 said:
You won't get rich quick on this. The £24000 claim probably had a lot more to it than just a bit of whiplash and so e other minor injuries.

Get the car sorted let the injuries fully materialise then claim. Also they don't lowball you, that's just Internet bks.
Thanks Loon, wasn't thinking I would! Advice all round seems to be do nothing 'til I've got the full picture. Have dropped an email to local solicitors anyway...thanks all smile

NH1

1,333 posts

160 months

Saturday 14th June 2014
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If your ears are fked how did you use the telephone? I should have been a detective.

kowalski655

15,236 posts

174 months

Saturday 14th June 2014
quotequote all
It was his GF that had tinnitus Sherlocksmile

Im betting th 24 K mentioned above is 3K injury and the rest credit hire and costs frown

TwigtheWonderkid

49,236 posts

181 months

Saturday 14th June 2014
quotequote all
LoonR1 said:
that's just Internet bks.
Are you saying that not everything on the internet is true? confused

rasto

2,223 posts

268 months

Saturday 14th June 2014
quotequote all
kowalski655 said:
It was his GF that had tinnitus Sherlocksmile

Im betting th 24 K mentioned above is 3K injury and the rest credit hire and costs frown
Could be, 4k of that was the cost to repair my car. His car wasn't worth much and was written off (800 if I remember correctly). He had an existing injury that was exacerbated by the accident and I think some physio was involved. For reference, after the crash my car was still drivable and no airbags deployed on either car. I do know that he was still seeing specialists more than a year after the accident.

Sheepshanks

41,336 posts

150 months

Saturday 14th June 2014
quotequote all
TwigtheWonderkid said:
LoonR1 said:
that's just Internet bks.
Are you saying that not everything on the internet is true? confused
Out in force again eh, chaps?

A quick offer by the 3rd party's insurer was made both times my missus has been run into the back of (I blame the way she drives, but that's another story).

She wasn't injured and refused both times.

LoonR1

26,988 posts

208 months

Saturday 14th June 2014
quotequote all
rasto said:
Could be, 4k of that was the cost to repair my car. His car wasn't worth much and was written off (800 if I remember correctly). He had an existing injury that was exacerbated by the accident and I think some physio was involved. For reference, after the crash my car was still drivable and no airbags deployed on either car. I do know that he was still seeing specialists more than a year after the accident.
He can have whatever injury he likes amd as much physio as he wants, but hiss insurance won't be paying for it. You can't claim for injury you caused to yourself on your motor policy.

Red 4

10,744 posts

218 months

Saturday 14th June 2014
quotequote all
LoonR1 said:
rasto said:
Could be, 4k of that was the cost to repair my car. His car wasn't worth much and was written off (800 if I remember correctly). He had an existing injury that was exacerbated by the accident and I think some physio was involved. For reference, after the crash my car was still drivable and no airbags deployed on either car. I do know that he was still seeing specialists more than a year after the accident.
He can have whatever injury he likes amd as much physio as he wants, but hiss insurance won't be paying for it. You can't claim for injury you caused to yourself on your motor policy.
Rasto's insurers paid - he (Rasto) was at fault according to his previous post.

I've heard of much higher payouts than £24k for personal injury - for injuries that do not, at first glance, appear that serious.


Sheepshanks

41,336 posts

150 months

Saturday 14th June 2014
quotequote all
LoonR1 said:
He can have whatever injury he likes amd as much physio as he wants, but hiss insurance won't be paying for it. You can't claim for injury you caused to yourself on your motor policy.
Why would he? Rasto was at fault.