Davegtst
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| posted on 9/6/13 at 11:29 AM |
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Compensation claims
I was involved in an accident about 6 months ago and as a result I had to take 6 days off work (self employed) and had a minor concussion. I was
given a letter by the insurance company saying that the van that hit had admitted full responsibility and I should ring a number to instruct their
solicitors to pursue a claim on my behalf. I have rung them and gone through a mountain of questions then been told I will need to attend a medical
assessment even though there is nothing wrong with me now. I received the paperwork and it looks like they are pursuing the claim on a no win no fee
basis. Is this right? I thought the insurance company would just speak to the other one and get them to make an offer without having to get the
ambulance chasers involved.
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JoelP
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| posted on 9/6/13 at 11:43 AM |
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Work out what you want. This might be your own excess, 6 days wage plus something for the injury or inconvenience. Send them a letter asking for that
amount, saying that this way you can avoid legal fees. Then it's up to them to either accept or decline.
I did that and it worked smoothly. In my case, it was my excess, hire car for one week, and a new child seat as they aren't meant to be reused
after a crash.
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Davegtst
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| posted on 9/6/13 at 11:51 AM |
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Good idea, did you send it to your own insurance or the other party?
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JoelP
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| posted on 9/6/13 at 11:57 AM |
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The other parties insurance company. Personally, I think they were delighted at the chance to avoid big fees and paid up quickly without any messing
about.
After my mate crashed, they spent 3000 on a courtesy car whilst trying to avoid paying out for his 500 pound motor. Things can quickly get expensive
for them!
[Edited on 9/6/13 by JoelP]
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Davegtst
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| posted on 9/6/13 at 01:38 PM |
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I've worked out I probably lost out on £1100 in wages. How much would be reasonable to claim for my injury and the hassle of it all?
I've never done this before so don't want to take the mick but at the same time don't want to only claim for a few quid.
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Theshed
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| posted on 9/6/13 at 02:05 PM |
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There is no compensation for "the hassle of it all". The Judicial studies board guidelines suggest that a minor head injury is worth a
minimum of £1450 (maybe not entirely up to date). Whether it is worth any more will depend on the degree of the symptoms.
Your insurers seem to have recomended a solicitor - they do not usually have solicitors in-house
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Simon
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| posted on 12/6/13 at 08:12 PM |
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Back in around '90, I worked with a chap who got a broken thumb following a rear end crash, he received £3000 for his troubles.
ATB
Simon
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DarrenW
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| posted on 13/6/13 at 07:04 AM |
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Joel's advice is sound. After my last non-fault accident i used an accident management company. About 2 days after instructing them the other
parties insurers contacted me to see what they could do to help me. I didnt go into details with them but it sounded like they were prepared to do
everything that i got anyway, just directly and without huge fees.
Ref requesting a settlement amount, if what you ask for is reasonable then i doubt they will argue. Its when people start asking for
'hassle' money that it gets daft. Just ask them to reimburse you for what you were out of pocket for (maybe show them evidence of being
off work and what you day rate was at that time) and ask them for whatever the standard compensation is for your injury. Its got to be worth a try.
The solicitor is probs wanting a medical assessment to ensure you are actually fully recovered. Any settlement will likely to be full and final so if
you have any flare up in the future you wont be able to claim again. There is no reason why the 3rd party insurers couldnt arrange one, in theory they
will be a little biassed but i would like to think the Medical expert will be professional enough to simply make an accurate report.
Good luck with it.
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Davegtst
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| posted on 19/6/13 at 10:55 AM |
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Thanks Joel, your advice was spot on. The other guys insurance were very happy I had contacted them and not taken the no win no fee option. I have
been offered £1800 for just the injury, the loss of earnings will be a separate claim which is still ongoing. Way more than I expected 
[Edited on 19/6/13 by Davegtst]
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DarrenW
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| posted on 19/6/13 at 11:36 AM |
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Great result. I bet you are now wondering if they will increase there offer a touch if you refuse the first one Might be worth chancing an extra 10%
or maybe accepting on the basis they also pay loss of earnings. A great result though and fairly fast too.
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Davegtst
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| posted on 19/6/13 at 11:53 AM |
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Everyone keeps saying to refuse it and try and get a bit more but to be honest I'm very happy worth that amount so I think ill take it.
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dhutch
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| posted on 19/6/13 at 12:24 PM |
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quote:
Originally posted by Davegtst...not taken the no win no fee option. I have been offered £1800 for just the injury, the loss of earnings
will be a separate claim which is still ongoing...
Sounds good to me.
From what i have seen (not direct) of the no-win-no-fee game, 9 times out of 10 just makes money for the nwnf company, and worse it creates a counter
productive drive for claimant not get better (not the case here, but if have seen it) and at the end of the day will noone in there right mind would
turn down a grand, its small change in the insurance world, and to be honest, not big change even in the real world. Books suggesting other wise, you
can for instance, not build a seven for five times that.
Daniel
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DarrenW
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| posted on 19/6/13 at 03:14 PM |
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Being happy with the figure offered is all that matters. Just remember it will be full and final so you wont be able to re-open the claim at a later
data (unless iam mistaken).
I doubt you would get offered much more (if anything) if you were to turn down the offer. I recall a solicitor telling me once that the offers are
pretty much based on set criteria and they have a duty of care to be fair...... or something like that.
Fingers crossed you get the loss of earnings too. I have a funny feeling there may be some capped figures though that they may work on.
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