Compensation Advice after crash

[leosayer]

The Police gave me a brochure about what to do if you have an accident. They filled in all the details about the other person and there details in a log within.

At the back was a helpline number on advice on legal matters etc. I rang it and it seemed to be a line straight to Irwin & Mitchell, which I thought was a bit odd.

I'll post back and let you know how I get on.

Your advice has been much appreciated.

 

[e-rider]

I'm no expert, but common sense tells me that £1800 is no way near enough.

 

[Tynan]

I had a bad smash 3 years ago and got off very lightly but still broke a tiny bone in my shoulder that meant a sling for two week plus eight sessions of physio for a stiff neck that never got better once the sundry strains and bruising and the rest did

For that I got £6.5k with RSJ without trying too hard, plus expenses plus a new bike

Seriously fella, change to RSJ, they're good on bikes

I'd have got a lot more if I'd waited for everything to completely get better but the wife wanted a new kitchen

 

[Sh4rkyBloke]

The insurance company offered £3K and your Solicitors told you not to take it... but then they say take £1750???? Am I missing something here?

I got knocked off in Jan 2008 and suffered some soft tissue damage to my side, deep bruising to my calf muscle, a bruised/grazed shoulder and a bruised/strained elbow. The PI part of the claim came to the best part of £3K as I was off work for a few days and the social side of my life suffered (no 5-a-side footie, pain when trying to sleep etc)... sounds like you are being given the runaround and that your Solicitor is a bit useless. The offer from the Insurance was low considering what you've been through, I would say!!

Good luck.

 

[glb37]

Hi,

Very sorry to read about that bad time you had.

In 2002 I had the same thing - car pulled in front of me in to their turn (not seeing me at all). Compared to you I got light injury physically. I had dislocated shoulder (as was on front brake heavily at point of knock), and I was off work for two months - for short time healing, but also, loss of confidence. I got £3500 compensation after a few months.

Regards.

 

[P.H]

 Is this figure on top of your financial and material losses?  If so, I think there's been a misunderstanding, if you'd made a full recovery it is a bit low but not necessarily as low as some are indicating.  The main determining factors are the disruption caused to your life and the time back to full recovery.  Disruption is hard to value, as is the pain suffered, but £2,000 isn't uncommon for someone back to normal within 3 months and maybe your solicitor thinks this is your case.  I can't imagine them recommending acceptance if your condition is ongoing.  It's likely your case is bing handled by a paralegal quite a way down the scale, if so you should have been given the name of the supervising solicitor, try and have a chat with them or write to them direct.  There can be a bit of bluff in offers and counter offers, but it's a dangerous game, if you go to court and the award is no better than the offer you may become liable for some of the costs. I've learnt all this stuff because I'm going through the same, good luck.  

 

[karlos_the_jackal]

As an insurance person, normally on the other side of claims. I would definitely say seek expert legal advice and don't proceed with the claim until your recovery is full. There is plenty of time, although if you do refuse offers and it ends up going to court it can look bad against you, but if your not fully recovered then it wont be so bad.

 

[Bollo]

Another word of caution.....if you've signed a contract with irwin mitchell (I imagine this would be the case before they're willing to represent you), there could well be a clause in the contract that says you may become liable for their costs if you refuse a settlement recommended to you by them and then subsequently lose a court case and/or fail to recover full costs. Check the small print.

 

[gb155]

Seems to be the way things are going.

Its been almost 5 months since mine, the driver was charged at the scene, however his INS Co are not admitting liability, My Bike is a write off, along with other losses (Clothes etc) and as for my Injurys (Physio and being refered to a surgeon for my knee) , time in hospital, trip in ambulance etc...Thats not even started yet.

Its far from ideal, I wish you luck.

 

[DrSquirrel]

Dr

Don't tell me that!!!!!

Are they that bad?

They're just crap.

They also do monkey work, debt collection and other such too.

 

[Sh4rkyBloke]

Seems to be the way things are going.

Its been almost 5 months since mine, the driver was charged at the scene, however his INS Co are not admitting liability, My Bike is a write off, along with other losses (Clothes etc) and as for my Injurys (Physio and being refered to a surgeon for my knee) , time in hospital, trip in ambulance etc...Thats not even started yet.

Its far from ideal, I wish you luck.

Huh? How does that work? If he was charged at the scene surely it's admitting he was guilty of something (be it dangerous driving / driving without due care etc.).

 

[P.H]

Huh? How does that work? If he was charged at the scene surely it's admitting he was guilty of something (be it dangerous driving / driving without due care etc.).

No, the police have decided there's a case to answer, the charged hasn't necessarily admitted anything.  We are talking of a crime and the basic principle of innocent until proven guilty.  Unfortunately the time taken establishing guilt will also delay the establishment of liability and the claim will not proceed till that is done.  It may be an advantage to the charged to delay things even if the outcome is inevitable, or he may be acting on the insurers or solicitors advice or instruction. 

 

[gb155]

No, the police have decided there's a case to answer, the charged hasn't necessarily admitted anything. We are talking of a crime and the basic principle of innocent until proven guilty. Unfortunately the time taken establishing guilt will also delay the establishment of liability and the claim will not proceed till that is done. It may be an advantage to the charged to delay things even if the outcome is inevitable, or he may be acting on the insurers or solicitors advice or instruction.

Its pretty much spot on, however the driver was given the chance of either points or a driver improvement course, he agreed to take the latter, so I would assume the case has pretty much been answered from a legal standpoint, however I know how Ins Co's love to drag this kind of stuff out.

It seems pretty unfair that 6 months on, a bike that was less than a week old is still waiting for some resolution though , The injurys I know will take a while to heal and then and only then will the PI claim move forwards.

 

[P.H]

Its pretty much spot on, however the driver was given the chance of either points or a driver improvement course, he agreed to take the latter, so I would assume the case has pretty much been answered from a legal standpoint, however I know how Ins Co's love to drag this kind of stuff out.

That does seem a bit odd, in my case the choice was for the driver to accept  a formal warning about the standard of his driving or for the case to be passed to the CPS.  Both the driver and I had to agree to this, though it was strongly suggested by the police officer that the warning was the best option.  The driver accepted the warning which I understand established liability, basically an admission he was in the wrong.   Maybe there is some difference between driver liability and insurers liability, beyond my knowledge.  The police officer who dealt with my case did say if there was ever any question about it being 100% the drivers fault to refer it back to him as his investigation and report made that clear.

 

[dellzeqq]

The figure is obviously very low.

Go the the CTC but please do bear in mind this.

Twentythree years ago I was hit by a driver who didn't stop. I went to solicitors in order to get advice about a claim to the MIB

The first solicitor suggested that a figure of £500 was reasonable

The second solicitor suggested that a figure of £1500 was reasonable

I did it myself and got about (iirc) £5700

Was that so very clever...? Not really. I still suffer from the effects.

I think you need the very best advice you can get.