Funkii Munkii

Hi

Firstly I'd like to say this is not an ambulance chasing scenario.

My better half had an accident back in March where she had a guy pull out on her, he was only 20ft from her so she had no chance, braked and piled into him, he carried on across the road up on to the pavement, police prosecuted the other driver for dangerous driving and then sent him on a "driving course" which we were informed he passed.

Her car was written off, and she suffered the usual whip lash, bad back for a couple of months and the cartilage partly seperated from her breast bone, meaning breathing was difficult for a few days, she couldn't attend to our young daughter who was only 8 months old at the time, she couldn't bend down to pick her up or even hold her for the 1st 2-3 weeks after the accident after that she could hold her but uncomfortably for the next 4-5 weeks, all in all her life was disrupted for just over two months, as was mine (do this do that etc etc) and our daughters.

The Insurance co paid up for the car within 2 weeks (nice work Tesco) we also received a letter from a solicitor saying they had been appointed by her insurers to claim for her injuries, heard very little else from them until today when we recieved a letter offering her £1600.00 for her injuries, we were actually quite chuffed as we had forgotten about it and never expected anything anyway and that sum will come in very handy.

So how do the Scoobynet public view this?? Now we are here and someone is willing to pay her some compo which we never went looking for in the first instant, do we agree and take the £1600 or contest it?? I have no idea if she should be entitled to more without coming across as a money grabbing B*****d!!

Anyone with any similar experiances or ideas

Cheers

Dave

Paulo P

iTrader: (42)

That sounds like alot to have gone through for only £1600 Is she 100% again now?

JDM

I got 3K just for whiplash in a similar circumstance. Their first offer was £800, I thought f**k that considering how much pain I'd been through and declined their offer. Just before it went to court I got the 3K. I'd say she deserves more.

Don't take the first offer, think of all the subsequent expenses and claim them too.

MattW

Well I suppose to go through that and be paid £1600 seems a little unjust, however to the next man it may be a lot of money.

One thing I was told a long time ago was never to accept the first offer, nor maybe even the second. I reckon 3-4k would satisfy me based on what you said, enough for a nice holiday.

imlach

....and don't complain when car insurance premiums rise in cost over time

Remember who pays for this, it is NOT the individual, but his insurance company.

Funkii Munkii

Paul

Yeah she is 100% again.

Imlach - totally agree, as the thread states were not ambulance chasers, in fact I fookin hate em, but once its you on the recieving end your perspective changes, a little

imlach

...yes, of course, it is difficult to resist on principle when you know thousands are going to grab the cash if they get offered it.

I guess we, as a society, are now going down this compensation culture, which is sad in some respects. However, I guess everyone feels they are due something.

JDM

If someone injures you through no fault of your own then fair compensation is owed IMHO. Shame that it can't be taken directly from the current account of those repsonsible though, if they can afford it.

Redkop

AFAIK not all Ins Cos have Legal Cover for injury compensation, incorporated into a Car Ins Policy automatically. It's an 'extra' which you can decide to have or not have and pay extra for. It's usually underwritten by a totally different Ins Co than the one your car ins is with.

gsm1

Your claim is valid, Funkii, but too many people just take the p*ss. I'm no fan of all this compensation lark. There were Brits claiming compensation for witnessing the collapse of the twin towers in NY, can you believe that sh*t?

Paulo P

iTrader: (42)

I hate people with a passion who make false claims but for those who are genuinely injured deserve every penny I believe.

A friend of mine was knocked off of his motorbike and very very nearly killed and now is paralised for life That was around 6 years ago and his claim still hasn't been sorted out and he can't work normally and it's totally affected his life

Iwan

A mate of mines missus was rear ended (in her car ) by another car and if i recall correctly she received somewhere in the region of £4500 for whiplash. I don't think it was serious whiplash either.

Sounds like a low offer to me.

gsm1

Now I know why I pay a ridiculous insurance premium.

Paulo P

iTrader: (42)

Stop running into things then

mad_dr

We pay "rediculous premiums" so that if something unfortunate ever happens to us, we're not left high and dry. I'm happy to pay my insurance amount because if I ever got injured, I'd like to think I'd be taken care of.

Suresh

1600 squids is a paltry sum for the pain and deprivation that she has suffered through no fault of her own. I'd say 5 grand would be a fairer figure.

Good luck with your claim

Suresh

lawson101

Hi Funkii Munkii

Is this an English or Scottish case, as the compensation offers either side of the border differ quite substantially sometimes.

I work for a liability insurer, so deal with these cases quite regularly.
IMHO you could push for more, how much tho is a guestimate based on previous case law.

EG....
In a 96 scots law case of Murphy v MRS Ltd a 42 yr old van driver with a whiplash injury with quite long lasting effects was judged as follows:

"Counsel for the pursuer submitted that solatium should lie in the range of £3,000 to £4,000. Counsel for the defenders defined the range as between £1,000 and £2,000. Each side referred me to a battery of awards made for the most part in English cases although counsel for the defenders provided some Scottish examples. Updated to September 1992 these awards fell broadly within the range of £1,000 to £4,000 covered by the competing submissions. Looking to the particular circumstances of the present case, and obtaining such guidance as I can from the various examples put before me, in the great majority of which the effects of the injury were less longlasting than in the present case, I consider that solatium should be assessed at £3,000. By far the greater proportion of this relates to the past period and while counsel for the defenders suggested that only 10 per cent should relate to the future, as opposed to the suggestion of 25 per cent made by counsel for the pursuer, I consider that it should be apportioned as to 80 per cent to the past and 20 per cent to the future. It was agreed that interest should run on the past element at 7½ per cent. The period in question is one of two years and 28 weeks. I calculate the interest on £2,400 at £457. The total award including the agreed sum for the loss of earnings is then £4,446.18. I shall accordingly sustain the first plea in law for the pursuer, repel the first to fifth pleas for the defenders and award as damages the sum of £4,446.18."

It is between you, your wife and whoever is representing you to decide whether the offer is reasonable or not.

T.C

For these type of injuries, the claims process is quite often drawn out I am afraid, we quite often have cases that take years to settle simply because the injuries are so catastrophic there has to be a lot of ground work done to ensure that the compensation and care needs are all taken into account. However, your freind should have had some interim payments by now!

In the case of lesser injuries, the value of each claim is determined by the Judicial Services Review Board and the guidelines are written down which have to be followed by us in the legal profession, the insurance companies and the courts.

The amount of compensation will take into account the pain and suffering as well as the actual injury itself, and there is an upper limit as well as a lower limit. A medical examination should have been carried out by an expert and a report prepared with a prognosis so that it gives a clearer indication of what the quantum of a case is.

On top of this there is the inconvenience, out of pocket expenses, loss of earnings, damaged clothing and anything that has been purchased to ease the suffering of the individual to take into account, this may include paying someone to tend your gardens whilst incapacitated, or asking someone to run you down to the Doctors bgecause you can't drive, this all comes under the schedule of special damages and is claimable on top of the cost of the injury itself.

On the other side of the coin, the defence will try and claim contributory negligence in order to mitigate their losses, and this "Contrib" can range from 100% to 5% so whatever is agreed will be deducted from the overall compensation level. So where one person may claim that they got £3K for a whiplash it may only be worth £1K to someone else.

The maximum personal injury award you can get in the UK is £275K for severe brain injury a paraplegia, all other injuries fall steadily after this.

Your solicitor should have advised you whether they feel that this award is appropriate for your particular situation or case, and they cannot accept on your behalf without consulting you first, and although I deal with personal injury claims all the time, it would be wrong to say that the award offered is the right award without knowing the full facts of your case and without seeing the medical reports, however, you need to ensure that everything is claimed that you are entitled to claim and that you are not under compensated!

gsm1

I think people with weak necks should have to pay higher premiums.

Paulo P

iTrader: (42)

vindaloo

If your other half is now 100%, take the money. Make a donation to a charity (and gift aid it), then spend the rest on making yourselves happier.

J.