Non-Fault Accident, help with insurance company needed!

[caprinolaw]

Someone locked up and went into the back of me at about 50mph last week!

How they didn't do more damage to my car i will never know as it only left a small dent and scratch on my bumper.

The estimate for the damage has come back at £320 which I can only assume is to replace the rear bumper entirely. The girl who hit me has admitted liability so is paying through her insurance.

My question is one about compensation:

I suffered whiplash during the accident having pulled all the muscles in my neck and back.

The girl is with Diamond and I am with Admiral (part of the same group). I have been offered £500 cash to settle the claim for injury here and now and without taking the claim any further.

Has anyone ever heard of this before and if so what were your experiences of it? Is this a resonable offer, Do I ask for more to settle, do I involve a lawyer etc?

[RW1]

The estimate for the damage has come back at £320 which I can only assume is to replace the rear bumper entirely.

Can't offer you advice on your whiplash query unfortunately but the above is not going to be a new bumper. More a patch fill & paint job.

C.

[caprinolaw]

As long as it looks as new I don't mind - its barely noticeable anyway.

[pompeygreg]

Surely it's up to you to decide whether the compensation offered is enough for your injury? The key word being compensation.

[mickwillow]

Surely it's up to you to decide whether the compensation offered is enough for your injury? The key word being compensation.

Just think on about what compensation is offered !, it may seem enough for your injury today ? but how will your neck feel like after 15 or 20 years ?

My wife and i had someone run into the back of us some 20 year ago !! between us we were offered £3000 for our whiplash claim which at that time since fantasic just for a bit of pain which seem to clear up after 12 month also ,

But then after 10 to 15 years also when your your fit twenty year bodys turns into a middle age ones , that's when things start to come back and haunt you !

my neck pain comes and goes in the cold weather which is not too bad , but my wifes neck and shoulder pain is very bad , pain killers every day !!!!!

She's had a Scan and disc's C5 and C6 are damage and an operation is the way forward to replace the discs !! Not a nice op

Remember this our own story of a whiplash injury ? , so just think on !!!! don't rush to settle the claim straight away !!! u can go 3 years before you settle

Good luck and hope your whiplash isn't too bad

[maisbitt]

Definitely don't settle your claim for injury until you feel 100% right, or nearly there. Make sure you've seen a GP so that there is some traceable evidence of you suffering an injury. If you need it then go and get physio.

The speed at which the other party was travelling you say is 50mph, but the real determination of how much damage is done to your car is the speed difference between you both. If you were doing 45mph and she came up behind you at 50mph then the net collision speed is only 5mph, which would barely dent and scratch the point of impact in all likelihood.

I was sitting in my parked car on an industrial estate at the start of Nov, waiting for my wife to finish work (to give her a lift) and someone slammed into the back of me at approximately 25mph, hitting the rear drivers side corner, causing quite a bit of damage to the car (which now looks as good as new). I got whiplash from it, being hit unexpectedly at an angle at a net speed of 25mph (as my car was stationary). My whiplash didn't kick in until a day after the accident. I went to A&E when it did, and when I had to get stronger painkillers, I visited my GP about a week later (all of which supposedly helps in the event of a claim).

The other party's insurance (Churchill) admitted full liability immediately to get the car fixed, and when my insurance's appointed solicitors launched a claim case they again admitted full liability but made a pre-medical offer of £750. My solicitors set up an "independent" medical examination which determined that I was suffering an injury to my neck and shoulder, and anticipated full recovery within 4 months. As a result of their report, my solicitors suggested that we table a full settlement offer of £1750 for my injuries now, but gave me the option to defer settlement.

I thought this was daft, for my side to suggest to them an offer (and a low one at that) rather than let them make an offer and challenge it. I said I want to wait until I feel better (anticipated 4 months for full recovery) before considering settlement.

I feel my solicitor is trying to hurry me into a low settlement that isn't in my best interests to accept until I know i'm better so that they get their money quickly. Under the terms of the solicitor engagement they get paid regardless, when it is settled one way or the other. It's not a no-win-no-fee contract. If the other side don't pay out then an insurance policy paid out by my legal cover pays out for their fees. Their contract is also at £275 an hour, subject to a minimum payout of £2600 plus VAT, even if they only put a few hours work in before you accept a low offer.

In my situation I feel my solicitor is screwing me as much as the other party, not acting in my best interests to get a quick payout.

Right now my symptoms are long and lingering headaches almost every day, neck and shoulder muscle aches (it feels like someone is pushing down on the back of my head). I'm getting by on about 5.5 hours sleep a night due to the headaches and neck/back pain. I can just about manage 1/2 an hours driving per stint right now and currently only drive in the dark as i'm more confident of not failing to see someone when they have their lights on when my neck mobility is restricted. I get the occasional lower back pain. £1750 seems a mickey take for almost 3 months of pain already and another 3 or 4 months of anticipated pain, especially when you know the solicitor is guaranteed to pick up over 3 grand inc VAT.

If the damage to your car is minimal then the other party is more likely to fight your claim as they will assume your personal injury is minimal also. In Germany they won't entertain a car related personal injury claim for whiplash going to court unless the net collision speed exceeds 10kmph.

The other party are offering you £500 now in the hope you dont appoint a solicitor, which will add thousands to the claim, regardless of what you will personally receive.

[caprinolaw]

Cheers for the advice - I took some legal advice and have decided to do just that and wait to see if anything develops over time!

[maisbitt]

My experience so far has shown that my solicitors are there just to line their own pockets and their clients best interests are not a great consideration when it stands in the way of them getting paid sooner rather than later.

So far there have been a catalogue of errors on their part (misinterpretation of reports and omissions) which I have got them to correct - how the hell can you be so bad at your job and still expect to charge £275 for your company's time? I'm clearly in the wrong job.