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Should i accept payout from car crash claim?

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All4n
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2011/03/22 16:22:03 (permalink)

Should i accept payout from car crash claim?

Someone smashed into the side of my van last August and they admitted all was their fault. I suffered a bit of shoulder injury (mainly when moving arm upwards) so had about 4 physiotherapy sessions. Had a bit of tightness and knots etc etc which they worked on and pin pointed a small prob with shoulder which would heal with active recovery. No probs now. I had no time off work (altho could have, just wasn't in my best interest at the time) and didn't really suffer any further hassle/pain.
 
They have offered a settlement of £1500. Should i accept? Is this a fair (average) payout for such a claim?
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    tac
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    Re:Should i accept payout from car crash claim? 2011/03/22 16:56:24 (permalink)
    no idea what the 'going rate' is, but Id never accept an insurance company's first offer for anything, any more than Id pay screen price for a car without haggling first - its called a settlement offer because thats all it is, an opening gambit in negotiations


    #2
    Tony Barnes
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    Re:Should i accept payout from car crash claim? 2011/03/22 17:05:36 (permalink)
    In this day and age that doesn't sound like a lot. However, it doesn't sound like you were badly affected.
     
    If you think its enough, then its enough. If you don't, it isn't. We're kinda irrelevant to your sitution
    #3
    All4n
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    Re:Should i accept payout from car crash claim? 2011/03/22 17:24:03 (permalink)
    No amount of money will take away the trauma of the crash tony
     
    I merely want a comparison to what people seem to get these days for it. This is second time i've been offered £1500 as it happens (same claim) it's just the solicitors i'm with are a bunch of useless ****s. They took about 4 month to realise they were requesting medical records (provided by GP) from a drop in centre rather than my actual local medical centre where my GP is based.
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    Papa Lazarou
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    Re:Should i accept payout from car crash claim? 2011/03/22 17:48:15 (permalink)
    Say you aren't happy.  They'll come back and offer another £500-1000 most likely.
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    Chrisla
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    Re:Should i accept payout from car crash claim? 2011/03/22 17:57:18 (permalink)
    I got similar for a bike crash. I came off and scratched my knees.
     
    You should be good for 3k there buddy.
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    Puzzle
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    Re:Should i accept payout from car crash claim? 2011/03/22 18:10:28 (permalink)
    Insurance prices are high because so many people claim for so much. That said, you say you were injured and are entitled to payment.
     
    £1500 is a fair settlement given your description, but I would take tac's advice and try to get more money from them.
     
    Is this in addition to the repair of the van... this is your money?
     
    15 years ago, I got £350 for whip-lash... we were sitting at a junction when an old man lost control of his car and managed to hit four stationary vehicles; it was shock but I don't think I deserved the £350.  I expect the insurance company was happy to have got rid of us.
     
    Your physio has not promised you a permanent resolution... niggles, pain, unknowns: £2500?

    Massimo, MrMunch & Me.
     
    #7
    Puzzle
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    Re:Should i accept payout from car crash claim? 2011/03/22 18:12:47 (permalink)
    Chrisla

    I got similar for a bike crash. I came off and scratched my knees.

    You should be good for 3k there buddy.

    "bike crash" sounds so much worse.
     
    really, it sounds bad. Head... concrete... skin... gone.

    Massimo, MrMunch & Me.
     
    #8
    strikalite
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    Re:Should i accept payout from car crash claim? 2011/03/22 18:31:20 (permalink)
    I'd be happy with that, your shoulder has been sorted and you didn't lose any time off from work...it sounds fair and I'm a fair man :)
    #9
    Papa Lazarou
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    Re:Should i accept payout from car crash claim? 2011/03/22 21:54:11 (permalink)
    I'm bitter because the misses lightly shunted a person at about 5mph last summer.  They wanted to settle outside a claim but we couldn't afford the £400 they wanted.  A month or two later they then put a claim in for injury to their kid.
     
    Prob is, we spoke to them about 2 weeks after the accident and they at that point said there was no one hurt.    They've since gone back and claimed their child was hurt and had injuries (whiplash) within days.   Utter crap.
     
    So with a genuine claim I cannot see why you shouldn't get compensated properly.  I was smacked 6 years back by a woman in 4x4 and still have back probs/neck probs.  Prob is I settled for about £2k.   Reality I should have claimed more as it still gives me jip and my lifting aggravates it.
    #10
    REALLYFIT
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    Re:Should i accept payout from car crash claim? 2011/03/22 22:22:03 (permalink)
    How did the claim come about mate? Was it automatically done through your insurance company or did you put the claim in yourself?
     
    Usually, a CMC (Claims Management Company) will pick up the lead from canvasing people (like you see on TV) or more commonly a legal expenses insurance provider who will have been written into your policy will run a claims management function on behalf of the insurer. What you need to initally find out is whether this is being run the new way which is to mediate between the parties (look at Inter-resolve website) or whether it is done the traditional way through solicitors.
     
    If traditional the 'lead' will have been passed to a solicitor, a bodyshop and a car hire company all of which if they can help will have passed back an introducer fee to the claims management company. Your solicitor will be looking at whether progressing your case is actually worth it as he will recover costs and it may be that if you lose or don't take a reasonable offer those costs could be reduced. The other side will be trying hard to mitigate the costs or any award they pay out.
     
    The longer it drags on the better for your lawyers as the more they can rack up in potential costs should it go the distance. The other side will want it closed quickly. It is probably in your lawyers favour to take it to court if their is a chance of success. However, I am wondering whether you have had any contact and what their thoughts are? As they are all bound by the SRA code on conduct they shouldn't give you misleading advice. Althought they may be tempted to influence you either way.
     
    The next stage would be to get a mediolegal report into your injury which is an inpendant assessment by someone in the UK (there are panel of doctors who supply this) If the injury isn't too bad and full recovery could be made or you have recovered then your chances of getting anything else will be far reduced and in fact your lawyers may decide not to proceed further.
     
    I would say the offer of £1500 is actually not far from the mark. I would estimate you may not get much more than £2k but it may be worth pushing it a bit. Many of the legal firms use Mediolegal providers which are pre-brought credits so there won't be much cost to them to obtain inpendant medical advice. So the offer probably won't be raised much and unless you are experiencing difficulties £1500-2000 is probably about right.
     
    Remember this is a conveyor belt and claims are brought in and settled so quickly that everything is pretty much standardised completely. There isn't much room for negotiation anymore unless you have serious injury that has a long term and sustained effect on you. I would perhaps be cheeky, say you will settle for £2k, they may come back in at £1,800 and for the extra £200 difference I would settle.
     
    Thats my opinion though. Perhaps if you want to be sure consult an inpendant lawyer.
     
    Good luck.
    #11
    Little Big Horse
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    Re:Should i accept payout from car crash claim? 2011/03/23 00:02:49 (permalink)
    ahhhh the american culture.... 

     “There's only two people in your life you should lie to...the police and your girlfriend.”
    Jack Nicholson
    #12
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