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Earlier this year I was involved in a car accident where I was smacked up the back on the motorway resulting in some pretty sore whiplash.
I'm still receiving physio for it as it's still sore and my neck keeps clicking etc.
The other insurance company have made an offer already to settle the claim.
Do you think it's wise to accept the first offer or reject it. I need to speak to my solicitor tomorrow but it's something I've been pondering over all weekend.
Thoughts appreciated !
I would take care if you're still receiving treatment, as my experience of such a settlement was that it was very much final and you could not pursue for further costs should you incur them.
Solicitor should at least be able to advise if the offer is sensible or not.
Ive had similar talk to your solicitor. Point to know on no win no fee is that once advised by your solicitor that its a good award and you turn it down you start to become liable for certain costs etc. Read the small print take their advice.
Normally you get the advice at the same time as they notify you of the award. What did they advise?
Your solicitor should have not put the claim in until your fully recovered and there are no injuries otherwise the settlement wont cover any injuries that appear after the settlement.
I don't think my solicitor has put a claim forward yet as they've sent me paperwork to fill in about claiming back fuel and other expenses.
Your along way off from a claim then, follow solicitors advice. I'd assume you got a letter/email they normally make a recommendation to you on that.
Yep the person who drove into the back of me solicitor has made the offer already.
They contacted you direct? Normally through your solicitor who then forwards it to you with a recommendation.
No Its a negotiation, you are still undergoing treatment. first offer will always be low and you do not know the extent of your claim yet.
Its an attempt to get you to settle cheaply.
Yep I had a letter direct but also one from them via my solicitor ??
Do everything through your solicitor do not contact the other side whatsoever.
Never accept the first offer unless you have inflated the injuries.
Your solicitor should write back explaining that you are not fixed yet. Long term damage is not yet known and therefore unable to accept and they will be in touch when specialists have had time to access you properly and give a long term diagnosis
As all above
They ( the insurance bods ) are trying to get you to accept an early cash offer
Just ask your solicitor to reject it on your behalf as the long term damage is still unkown
I had accupuncture , was sceptical but it really helped when normal hospital physio wasn't.
Claim took 2 years ish to sort ( whiplash ) , but vehicle was paid within a couple of months.
Keep a pain diary , records of milage , parking receipts etc.
This weekend all I have done is everything around the house. Why? Because the injury my wife received 12 years ago flared up again. She is on pain killers and muscle relaxants but going to the docs again in the morning because of the pain and she can’t sleep. The only advice I would ever give is to NEVER take a pay off. We have spent the £2k or so she got many times over and she is still in daily pain.
I’d do whatever you solicitor advises you to do.
Have you been medically examined? They won’t be able to quantify the claim, the injury part (general damages) without this.
The request for invoices and receipts is so they can determine special damages.
If you have been examined and a report agreed, and disclosed to the other side, then it is common practice to settle a claim even if a further period of suffering is anticipated, so long as a determined recovery period is given by your medical expert.
^^^ I so don’t agree - dont sign anything that’s a final offer - whiplash is often looked at as a cash cow but anyone that has actually experienced it will tell you that a few grand ain’t gonna make shit good.
I got knocked off my bike last Aug.
The claim for damages etc is still underway, although the drivers insurer apparently admitted liability very early on.
Lost wages and damaged bike parts have been squared away value wise but the thing that is keeping the claim dragging on is the niggling pain in my knees. Although I had a course of physio etc my insurer’s legal cover people want more medical investigation as they say since I’m still getting occasional pain they don’t want to settle early, because it could mean not settling for enough.
I’m sure they have their best interests at heart not mine as they make more money the more they claim for but still, I think that backs up the ‘don’t accept now’ point of view.
Cheers all.
I've been having physio but I've not actually had a medical examination yet so can't see what they have based there offer on.
It's a bit early if you are still having trouble. Bear in mind that whiplash claims aren't worth a lot these days, but your physio could add up, so you'll need that covering.
Further to my earlier rants - my wife went back to the doctors this morning and he had her taken for an immediate MRI scan (still waiting on the results as she's in there right now). As I said before this stems from an injury sustained TWELVE years ago. So don't look for short-term ££££s, be 100% sure you get compensated in full for the actual injuries you received.
whiplash is often looked at as a cash cow but anyone that has actually experienced it will tell you that a few grand ain’t gonna make shit good.
Not really, just how well you recover / how bad the damage was. Most people recover quite quickly as it's just soft tissue / muscle damage. Some, however, never recover properly if there's never damage mixed up in it.
Cheers all !
My neck is in bits and Ive had a constant dull headache since it happened.