Whiplash - reasonable payment?

[wasgoingmadinthecountry]

Early in the summer someone rear ended me while I was stopped at a zebra crossing. Police happened to be on the road at the time. Other driver's insurance accepted full liability without issue.

I was fine. Dd (16) had whiplash - police suggested an ambulance or me drive her to A and E which I did. She had ringing in her ear and neck pain. Over 2 months later she still has a bit of pain (she subsequently consulted GP).

Insurance have offered £1500. She isn't currently having treatment.

They always send texts for everything not email. Is that odd or is it me? It's a well known firm.

Should I contact her sports physio? Accept? I am really not being grabby but does this seem like a fair amount? I have never done this before - she genuinely had lots of pain to start with. She says the back of her neck hurts a bit - but there are also rugby/tennis injuries in there. Any advice very welcome! Thanks.

What has it cost so far to look after her? Driving her to appointments, time off work...? Has she had to cancel any paid for things due to being too ill to attend?

You say she isn't currently having treatment - is there any private treatment that would help her?

I don't know what the going rate is, but I would be looking at what sort of costs you/she will bear as a result of this accident to help her recover.

The amount of pain is irrelevant really. It’s about costs incurred as a result of the injury. DH broke his neck. The fact that it bloody hurt and he lost four months of his life in a collar doesn’t factor in to a compensation claim. It’s about what treatment, care, and any cancellations have cost you.

'don't know what the going rate is, but I would be looking at what sort of costs you/she will bear as a result of this accident to help her recover.'

And this is why we all pay a fortune for car insurance.

Op, I'm sorrry someone ran into you and your dd suffered whiplash. Does paracetamol help with the 'bit of pain'? I would suggest £1500 would be a satisfactory amount unless her activities of daily living are impacted . Is she able to shop, work, study etc?

I think that’s a fair amount and would accept.

Sounds a lot to me !

I’ve had 2 car accident payouts (sounds like I go around collecting them, lol!) and I would suggest that is because the main factors will be:
Immediate loss of earnings
Any expenses occurred
Long term loss of earnings
Long term physical damage

Because the whiplash will be healed soon I believe that’s about average.

I received £35k for my first accident - but I broke my back and foot. The foot they warned would have arthritis and never heal properly and said the back may cause long term issues too, yet 15 or so years later and thank goodness I have no problems with either!

The second car crash was whiplash, loss of earnings and it triggered existing PTSD from the first crash, I received £2500 for that one.

I’d just like to state I didn’t cause either accident! :)

Do not accept that amount.
I have known over 10K be awarded over 10 years ago. Don’t feel bad about something that wasn’t your fault. Physio costs a fortune and whiplash injuries can still cause pain a decade later.

Some whiplash injuries heal very quickly, others don’t, mine took about 5 years. Would suggest a medical report to see if any long term affect.

I would wait to see what the longer term impact may be (hopefully there won't be any!).

I suffered a serious whiplash injury about 10 years ago now when some idiot lost control of her car on the motorway and hit us. I had private physio for 18 months which was paid for by her insurance. I then received 6.5k in compensation in addition.
So, in total probably about 9k.

I still have issues with my back because of it

I'm astonished you've been offered so much. That's a huge amount for a bit of neck pain.

'have known over 10K be awarded over 10 years ago. Don’t feel bad about something that wasn’t your fault'

She has a 'bit of pain'. The op hasn't said how this is restricting her dd's life. Surely that is key. Imo it does sound grabby to expect more than £1500, sorry op.

Really, it should be about £3K, plus physio costs, plus the fixed stage 1, 2, and medical fees. And infant approval hearing costs, if necessary. Assuming it is a straightforward claim with a 6-9 month prognosis.

@PolarBearStrength

The amount of pain is irrelevant really. It’s about costs incurred as a result of the injury. DH broke his neck. The fact that it bloody hurt and he lost four months of his life in a collar doesn’t factor in to a compensation claim. It’s about what treatment, care, and any cancellations have cost you.

Well, this is utter, utter nonsense!

If you're injured, you're entitled to compensation for your injuries (PSLA: pain, suffering and loss of amenity), plus your financial losses incurred as a result of the accident.

Find a good PI solicitor and instruct them to deal with the claim. Insurers often exploit people dealing with it themselves.

I had someone run into the back of me a couple of years ago. I had legal protection through my insurance so they sorted it all out. They also arranged physio and I had ten sessions for neck and shoulder pain. I got a payout of £3000.

£1500 seems low, but what does your solicitor think?

I guess you already have a solicitor dealing with this from your side? What do they advise?

I’d look at how much treatment is likely to be needed with a private physio if it’s still needed going forward, and/or how much you’ve spent so far. What it has cost is what should be paid.

payment for what? 🙄

I agree that PolarBearStrength’s advice is poor. She is entitled to be compensated for PSLA. Do you have a solicitor? They can access cases that show how much it’s worth in terms of severity/impact/duration of the injury. £1,500 sounds ok to me, but I’ve no idea what the going rate is.

Given you were fine, and your daughter has pre existing neck issues, I personally would accept the money. Your daughter will benefit from massage treatment.

I accepted £2000 for whiplash about 15 years ago. I was having physio treatment every week for eight weeks automatically paid for by the insurance. I did have loss of earnings also. 15 years later I still get pain from the injury. I now see an osteopath every two weeks but there are additional issues now also.

With nit much pain and no loss of earnings that seems a fair amount.

Yes YABU - £1500 is more than enough. Sadly injuries happen in life - life isn't fair. She's 16, chances are she will recover fully in due course.

This exact thing happened to me when I was 16, a bus went in the back of us at traffic lights and e police were there..... I had whiplash and a stiff neck but not terrible. We were advised by the police to claim I think (as my DM would never normally do anything like that). I seem to think we rejected the first offer and ended up with about 3k which I put towards my first car... I should add this was 20+ years ago...

You need to get legal advice. Pp saying pain is irrelevant is fundamentally wrong- there are separate categories of damages for pain, suffering and loss of amenity and special damages ie cost of physio. Please, PLEASE get proper legal advice.

I have an ongoing claim myself. I was offered 1800 but my solicitor said to decline it and have a medical. I’m also having physio. I don’t know what my eventual payout will be but it really pisses me off that people get so funny about whiplash claims. It’s bloody painful, not your fault and you absolutely are entitled to compensation for it. I’d say the worse part is the psychological effects of being in a crash but they don’t pay out for that.

I must be proper oldskool. Loads of car bumps that sound far worse than that, broken bones etc.

Never occurred to me to claim for a bit of a sore neck that doesn't sound like it's needed any medical attention after an accident.

If the insurance co insisted on send me £1500 it would be going straight to charity. At the very least keep it for her first years insurance when she drives herself but if you can just refuse it and help stop this insanity that maintains a whole industry and also bumps all our premiums up.

£1500 for a sore neck ffs