Settling injury claim direct with other party's insurer?
Settling injury claim direct with other party's insurer?
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NDT

Original Poster:

1,767 posts

293 months

Wednesday 21st January 2015
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18 months ago I was run into at a junction.
It has left me with a stiff neck - genuinely, this isn't a fake whiplash scam.
Other party's insurer wanted to deal direct rather than me engaging separate legal advice.
They also arranged medical assessments etc.
They insist that the compensation they offer is in line with industry guidelines and hence what one would get by going legal.

As I haven't totally recovered yet, they say it's now gone on too long to continue to deal direct and hence are offering a final settlement (with an assumption of gradual improvement).

I'm not bothered about extracting every last £.
I'd like to know if it's true that insurers offer a 'fair' settlement without the added pressure of a legal process?
I'm sceptical but don't want to waste time / drive up everyone's costs through a pointless legal process.

Charlie1986

2,106 posts

165 months

Wednesday 21st January 2015
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if you don't think its fair chance it in court

oop north

1,712 posts

158 months

Thursday 22nd January 2015
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I doubt that an insurer will, given any chance not to do so, pay out as much as a good claimant solicitor firm could get you (though there may be exceptions, my experience suggests they will work hard at paying as little as possible - I work in the industry as a forensic accountant, quantifying loss of earnings claims - mostly big ones and mostly clinical negligence rather than road traffic accidents). I had an accident about 11 years ago and was in the position of my insurer being the same as the other driver's insurer. By using Irwin Mitchell I got more than an acquaintance who is a personal injury specialist claimant solicitor said I could possibly get.

Charlie1986

2,106 posts

165 months

Thursday 22nd January 2015
quotequote all
oop north said:
I doubt that an insurer will, given any chance not to do so, pay out as much as a good claimant solicitor firm could get you (though there may be exceptions, my experience suggests they will work hard at paying as little as possible - I work in the industry as a forensic accountant, quantifying loss of earnings claims - mostly big ones and mostly clinical negligence rather than road traffic accidents). I had an accident about 11 years ago and was in the position of my insurer being the same as the other driver's insurer. By using Irwin Mitchell I got more than an acquaintance who is a personal injury specialist claimant solicitor said I could possibly get.
how weird I was just dealing with somebody who does the same job as I have a CN claim currently going through court so im currently doing a loss of earnings breakdown

NDT

Original Poster:

1,767 posts

293 months

Thursday 22nd January 2015
quotequote all
oop north said:
I doubt that an insurer will, given any chance not to do so, pay out as much as a good claimant solicitor firm could get you (though there may be exceptions, my experience suggests they will work hard at paying as little as possible - I work in the industry as a forensic accountant, quantifying loss of earnings claims - mostly big ones and mostly clinical negligence rather than road traffic accidents). I had an accident about 11 years ago and was in the position of my insurer being the same as the other driver's insurer. By using Irwin Mitchell I got more than an acquaintance who is a personal injury specialist claimant solicitor said I could possibly get.
thanks - that's helpful.
Pretty sure my old insurance policy covers me for legal fees anyway so will get the ball rolling.
I'm self employed (via my own Ltd co) - problem is that I'm going to start racking up loss of earnings if I have to go to meetings etc and I'm not sure I'll then be able to recover them.