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Thread: Injury Compensation.....

  1. #1
    Regular Member scotty84's Avatar
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    Default Injury Compensation.....

    Hey peeps,

    Me and my wife was involved in a bad accident in Nov 2010. We got hit by a 4x4 at 55mph whilst we was stationary. My estate car looked like a mini after and we was told by paramedics/police we was very lucky to be alive.
    Anyway due to back injury I had to be stretchered out of the car onto a spinal board (so did the wife). I have suffered no breakages but with servere to moderate back pain, moderate neck and shoulder pain with stiffness. I have also suffered with mild anxiety when driving. With 2 young babies at home and with both me and wife suffering with back/neck injuries its been difficult. I have attended a medical and the above was what the doctors had said in the report.

    Well his insurance company wish to settle out of court and have asked me if I dont involve legal rep from my side, they will get me a a payout over the next few weeks. So far they have paid for physio 2 times a week, All personal objects that was lost in the vechicle and upgraded my hire car to a top spec. I have not signed anything to say I will not involve legal rep etc.
    So my question is do I settle out of court, but what level of compensation should I be looking at? They have said that if I go this route I may get more as the client will not have court costs etc.
    Or do I see what they offer and if not happy get legal rep and take it to court.

    I was not going to claim for injury, they approached me themselves and after all the trouble the injuries have cause for home life, work and driving I think I am due compensation. Just totally clueless on what would be a Bad,Good amount to accept. Any advice would be great, they are meant to be calling monday with an offer.

  2. #2
    Regular Member Ben_'s Avatar
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    Sorry to hear about the accident mate, but glad you both managed to walk away.

    I think compensation all depends on different merits, did you have to take time of work, what has it stopped you doing (quality of life etc) I would seek legal advice personally as you want to get what you deserve.

    I received £1k for whiplash 3 years ago but know others who recieved £2k, so can vary from case to case.

    All the best with it mate, hope all works out for you ok and isn't dragged on for months

  3. #3
    Regular Member marktaylor's Avatar
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    with them wishing to settle out of court it means basically theu are admiting liability

    basically go for the jugular , i would approach them and say " ill settle out of court for 10 grand take it or leave it "

    i had the same issue with vauxhall , had an accident on the production line where i severed an artery in my arm , they admitted full liability and its just about t o be paid out of court

    they may offer you a bit less at say 7.5k but better than say a 1000

    just my 2 pennies worth

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    Regular Member Craig1985's Avatar
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    Insurance companies now try to settle them selves to save them selves money from greedy 3rd parties. I delt with egg insurance direct and was happy with the out come.

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    Regular Member scotty84's Avatar
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    Yeah I have looked at a few compensation calculators online and they are suggesting I should be looking around the 8k to 15k. They havent really asked about home life/work etc just injuries. So when they call with a settlement I will mention this and see what happens.
    I will also mention that according to average pay outs and online information that IF I was to take it to court I would expect to recieve at least 10k. The list of injuries from the doctor they sent me to is as follows:
    Neck- moderate severe pain and stiffness caused by whiplash (6 month recovery)
    Shoulder- severe to moderate pain and stiffness (12 months recovery)
    Back- severe to moderate pain, discomfort (ongoing physio needed)
    Mild anxiety whilst driving (should improve over time)

    The wife's is nearly the same apart from no shoulder injurie and she is a pain as a passenger really jumpy and I suppose her anxiety is not helping mine lol.

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    Regular Member Ben_'s Avatar
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    they should take into account home life really, especially having 2 small kids (who look very happy in the swing) Both mum and dad being injured means that it will effect care for the kids, maybe, i don't know. If they want to settle out of court fine but like Mark said go for the jugular, get the best deal for you mate not them!
    all the best

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    I was spun off the M6 by a foreign driver totalled the car but luckily my wife and 6 month old all got out with just whiplash. I received around 3 thousand each for my wife and myself. You then need to add the cost of the car which they have to offer an amount suitable to find a replacement there are many articles online about it. At first the legal department for my insurance wanted to go maybe 50/50 read up about this as well. I chose to go with an independent with the case settling two years latter as the cab and trailer having different insurance certificates which lengthened the process. You are entitled to claim for loss of earnings and care if required like gardening etc. Good luck with the recovery took me quite a while to get over being spun at 60mph and some muscle tears can nearly take a year to fully recover least I got a vectra out of it

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    Regular Member scotty84's Avatar
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    Home life has been difficult as bending etc is required constantly, the wife's physio has said there was no point in her having physio because having to deal with the twins 90% of the time just fights back (fighting fire with fire) and she is back to square 1.
    Work wise I was made redundant on the 3rd december (week after accident) I was on annual leave during the accident lol. But the injuries are restricting the work I can do. I have become self employed as a H&S consultant but I am also a qualified plumber and my injuries stop me from doing my plumbing jobs..
    All in all it has caused stress at home and working life, grandparents have had to take time of work to look after boys in first few weeks and for physio/doctor appoint. I have to take neproxen 4 times a day, unsettled sleep since accident etc.

    After the year I had last year that was just the icing on the cake lol. My twin boys were born at 24 weeks gestation and were in neonatal intensive care for 5 months needing heart/lung and many other operations and procedures. They are 12 months old now and doing good, still attend hospital monthly and still in 0-3 months cloths but healthy. So I hope 2011 gets a little better lol (suppose I did buy the vectra so thats one so thats one good thing already haha).

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    Regular Member Tam80's Avatar
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    I Would`nt Commit Myself And Say I Wanted XXX..Let Them Make You An Offer 1st..

    You Might Just Get A Surprise

    If Offer Is Crap..Then Tell Them What Idea You Have

    Or You Might Just Have To Take It All The Way

  10. #10
    Regular Member scotty84's Avatar
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    Quote Originally Posted by Bright spark View Post
    I was spun off the M6 by a foreign driver totalled the car but luckily my wife and 6 month old all got out with just whiplash. I received around 3 thousand each for my wife and myself. You then need to add the cost of the car which they have to offer an amount suitable to find a replacement there are many articles online about it. At first the legal department for my insurance wanted to go maybe 50/50 read up about this as well. I chose to go with an independent with the case settling two years latter as the cab and trailer having different insurance certificates which lengthened the process. You are entitled to claim for loss of earnings and care if required like gardening etc. Good luck with the recovery took me quite a while to get over being spun at 60mph and some muscle tears can nearly take a year to fully recover least I got a vectra out of it
    Full liabilty was admitted by the third party. My insurance paid out the min value for my car, Only had car 6 months they offered me £1200 for a 02 laguna estate, top spec, low milage in mint condition. Looked on ebay/autotrader etc and needed at least 3500 to replace like to like. In the end I got £2000 and they reduced my excess to £100 rather than £300. Felt robbed. My insurance refused to pay for babies car seat as they were not in use (thank god as the boot crushed them to pieces). But the third party insurance sent me a cheque to buy new ones within 2 weeks.

    So far they are being good, lets see what happens when it comes to money lol.
    But yeah I also got a vectra out of it lol. Had to put alot more money towards it, so savings gone lol but yeah lets hope the vectra stays worth it.

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