Whiplash insurance claim

[Amber34]

Hi, I wonder if any of you have advice on this, whether as a professional in the industry, or previous experience.

Last night I was the front car in the 3 car shunt on the motorway. I was stationary at the time and the jolt has left me with a sore neck, shoulder and back - basically, mild whiplash. At the moment, my car seems to have sustained no damage, although it needs to be properly assessed.

This morning I have received a call from the third driver's insurance company (he has admitted culpability and they are paying for all 3 cars) who have offered to send me a cheque for £400 to make up for the inconvenience and mild pain the whiplash has caused, no questions asked, taking my word for it.

I spoke to a family friend who is an insurance broker. He has said not to agree to the money, but to put in a full claim for damages.

Shortly after, my own solicitor called to chase me up over some paperwork and has also offered to take on the claim, but more with a view to seeing how I feel after a few weeks and whether things get any worse - again, do not accept the £400.

I really don't want to get involved in a lengthy legal process, but have already missed a days work. I have also yet to go more than 4 hours without taking volterol and paracetamol - it may be sorer than I think!

I'm not comfortable with the American stance of claiming for anything and everything, but nor am I happy to accept a cheque that is offered so readily (I didn't even ask for any compensation) when I could have long term problems with this.

What do you think? As you can tell, I am rather muddled about this at the moment and would love to hear some more views.

Thanks

A
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[Hedgemag]

I do know that the payment for whiplash can be £1000, but only going by my sisters payout 2 years ago.
But, don't quote me on that as it could be different now.....I think you should refuse the 1st offer and then see waht they come up with next. Bet it will be lot higher

 

[Starlight]

Id never accept the first offer. If theyre offering you that this quickly the chances are theyll be prepared to offer more later.

Id get your Insurance company to put a claim in for you

 

[Gemma]

I would turn this down as well, if you need to take time off work your loss of earnings would not be far off this mark, if u do not want to go through the proper legal process (i went through this and it was about 18 months start to finish) then speak to the insurers and ask for a more reasonable offer with the view that if they are unprepared to do this you will be seeking full damages, loss of earnings, travel expenses to hospital, court costs etc.. They as much as you don't want to spend lengthy time and costs going to court

 

[blue_grapefruit]

Mine is looking to be £3000 - £4500

 

[Lil K]

I was in a car accident 9yrs ago, and suffered whiplash and torn cartilige in my wrist. I had to take a few weeks away from work so a claim was made for my earnings (which was then repaid to my employer), also for physio, osteopath, and acupuncture (physio - part private, part NHS, the latter two had to be paid for privately). The claim was eventually settled almost 3yrs after the event.

The thing is, I still suffer from the after effects of those injuries to this day, for which no amount of money can make right. But I would look at any out of pocket expenses that you have incurred (for example my osteopath bill was approx £700, which I could never have afforded out of my own pocket) - if this is the case for you then I would pursue the matter.

HTH

 

[Aurora]

Insurance companies will pay as little as possible; their business is to make money. Ten years ago, I was a passenger in a car which was hit by another car.

I was offered £1,000 for whiplash injuries. I refused and was prepared to go to court. They finally settled for £25,000 plus medical expenses.

My claim included things like a gardener to mow the lawns, having to change my car to get power assisted steering, pain, suffering and possible ongoing physiotherapy.

If your neck is damaged, you could be in for a lifetime of pain and discomfort which worsen with age. I was advised not to settle for at least a year as whiplash injuries can take some time for the true picture to materialise.

It all depends on a medical report, your personal circumstances and your tenacity. You need to take this slowly.

First of all list all the things you can't do of are having difficulty doing. If you have to pay for services such as a physiotherapist, gardener or help in the house, get receipts.

Your insurance company will pay for a medical report, x-rays and scans to assess what damage has been done. Discuss with this doctor what difficulties you have with day-to-day living, pain and discomfort and what things you can no longer accomplish.

If your hobby is an active one, i.e., horse riding, you need to check if you will be able to continue to ride. If you will have to give up this hobby, you should be compensated for this.

Having said all this, if your injury is slight and you and your doctor are convinced that there is no real and lasting damage and a full recovery is expected, settle for the £1,000 and save yourself a year or two of hassle and hours of paperwork!

 

[Amber34]

Thanks for all of your advice. I have been checked out by my doctors and he said it is very mild injury and so I am not going to claim through the insurance, but I have been back to the company that offered me £400 and we are negotiating.

Some fantastic advice - thanks - you've really helped me decide.