Accident injury

psalliss

psalliss

psalliss

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Has anyone any experience of injury claims from car crashes. I've never done it before but I had my first crash in 20 plus years last December when another vehicle pulled out of a give way junction and in front of me. The claim is just for injury and not the vehicle as was a works car.

I had I think it was ten physio sessions as was getting regular headaches from whiplash injuries which I still experience a little but that it down partially to wearing a stab vest at work. I didn't make a big deal out of medical checks during the process and was honest and didn't embellish my injuries.

Anyway getting to the point I've been offered 2500 which is for 60% of claim as they hold me 40% responsible and 60% of physio costs. The solicitor will take I think it was 700 for there costs. Is the figure about right or can you refuse and ask them to counter. As solicitor is saying if I refuse it goes to court next,

Thanks

(I've had a quick look through forum rules and can't see that I can't ask the questions, mods if I've missed it please close)
 
shouldn't you be asking your solicitor and they will have real wold experience of what you can expect to get and your chances of winning?

if you take them to court your fees will increase further whether you win or not but you will need to demonstrate your loss of income as part of that and they this 60/40 decision may or may not be up for dispute.

Sounds expensive......
 
Thanks. Im going too but wanted to check a few things first. there is no income claim or anything like that as I just carried on at work and didn't take time off. I could have as was struggling with headaches a lot but just got on with it really.

My questions is can I refuse the first offer and expect the other side to come back with better offer before court. 60/40 is a bit poor I think and not quite sure how I've got 40 of the blame.
 
Well that's what you need to challenge. It's not your fault at all. They pulled out in front of you!
 
Dis86 said:
Well that's what you need to challenge. It's not your fault at all. They pulled out in front of you!
Click to expand...

This.

Unless you've come flying round a blind corner at 100mph in the pitch dark with no lights on, then I'm not sure how someone pulling out on you at a give way could be 40% your fault?

How was the insurance claim decided?

I guess it depends on whether the extra 40% is worth the time & effort for you (and this is probably what they're counting on - that you think "sod it, I can't be bothered")
 
There was no vehicle claim as was a works vehicle. I have to accept some blame to a degree as was outside the line of traffic (won't go into this part apart from to say I was legally allowed to do this any driving to a certain standard) at around 20 mph. The other car came straight out in a gap between cars in one movement when his visibility was obstructed rather than edging out till he could see clearly.
 
Pretty sure there would still be a claim (albeit made by your work) unless your work are paying the full repair costs for your vehicle and for the other party as well? Who's paid for the physio? As I'm pretty sure this would also (usually) be covered by the insurance.

Although given your description of the incident and the fact you wear a stab vest at work, are you a police officer and did the crash happen while you were responding to a call? If this were the case then I have no idea how it would be dealt with :p
 
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Thanks, don't want to get into who I work for as all the repair aspect is a side thing which o didn't have any dealings with. I wouldn't be surprised if work simply paid out in full for other driver irrespective of blame.

The physio was organised by my solicitor so I presume at 60/40 im paying 40 of the cost so can imagine the compensation will go down even further after fees and physio.
 
Tell them you have whiplash. Your neck hurts to the point you can't sleep. You have flashbacks which sometimes cause anxiety attacks and you are no longer able to occupy a vehicle without fearing for your life. You are a nervous wreck in the general vicinity of other vehicles so stay indoors as much as possible which has had an adverse effect on your social life to the point of being non-existent.


That'll learn 'em.
 
Ha gone beyond all that now buddy. Not my style to embellish my injuries was honest about it and played it down a bit and corrected the dr at the medical who was clearly just writing standard stuff down in his hugely in depth 5 minute medical.
 
Sounds like you were doing something that would be seen in a similar vein to filtering on a motorbike and therefore never mind how stupid the action of the other driver was you will always be stuck with some of the blame as you were not where another driver would have expected you to be.
 
Tom fully agree with that and not that bothered about the 60/40 it's more the amount of the offer and the paying of the Physio I can see resulting in a claim of pretty much nothing,

That said all other drivers saw me and moved over and came to a stop and several left details blaming other driver but me personally as a biker as well fully appreciate the additional risk of creating another line of traffic and morally don't really blame the other driver and it not expecting an unreasonable amount just fair compensation for the regular headaches
 
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