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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Whiplash - reasonable payment?

99 replies

wasgoingmadinthecountry · 18/10/2020 17:11

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.

OP posts:
GetOffYourHighHorse · 18/10/2020 17:54

'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.'

I'm presuming this is the UK where physio (if necessary) and medical treatment is free?! 'Infant approval hearing costs', she is 16. Jesus. As I said earlier it is no wonder car insurance is sky high.

catnoir1 · 18/10/2020 17:54

Similar thing happened to me 6 years ago. I had to have a year of physio and my shoulder and neck has never recovered fully. I was compensated for my taxis to uni and back, car parking for physio when I started driving again, missing 2 exams because I couldn't write and uni couldn't get a scribe on 24 hours notice.

I got £5500, repairs and physio not included in that sum.

lioncitygirl · 18/10/2020 17:55

Surely it depends how severe the whiplash is. Is know someone that has to have physio for about 6 years (might be longer) and it’s still not ‘healed’ - she need special pillows to sleep, can’t really turn quickly, and suffers daily. Her payout was very substantial.

Neron · 18/10/2020 17:55

Due to people faking whiplash claims, insurers have a small limit for this claim now. Also considering the other occupant of the car is completely fine, plus the daughter has pre existing neck injuries from rugby. She did not have, and is currently not receiving any treatment, plus this has caused no financial loss for her. Yes seek other legal advice, but you could find the monetary award can go down as well as up.

Jammysod · 18/10/2020 17:58

I'm guessing they have offered this directly rather than through a solicitor?
If your daughter is still in pain, they can arrange physio/medical assessment for her through their suppliers. You would have to wait until all this is completed before any payout though.. Then they may reduce it if they find there were previous injuries in that area.

£1500 is about right these days. If you're satisfied your daughter will make a full recovery without any further treatment I would take it now.

BubblyBarbara · 18/10/2020 17:58

I would definitely put a bit of pressure on. Clearly people are getting more than that and it’s just an insurance company at the end of the day, you’re not taking the shirt off anyone’s back

Downwithcovid · 18/10/2020 18:02

@BubblyBarbara

I would definitely put a bit of pressure on. Clearly people are getting more than that and it’s just an insurance company at the end of the day, you’re not taking the shirt off anyone’s back
This makes me so cross.

I fancy a new lounge carpet, might just launch some red wine on it.

Kitchen is a bit tired. I might just leave the upstairs bath running and go out!

Unlucky to everyone else whose premiums go up as a result

Macncheeseballs · 18/10/2020 18:03

Never had any money for whip lash

babygroups · 18/10/2020 18:03

What is a reasonable amount depends on the circumstances. A self employed person who wasn't able to work for a period of time and subsequently lost their house should be entitled to a very good payout morally.
Has your teen missed any work? Had any extra costs incur etc?

gobbynorthernbird · 18/10/2020 18:03

@GetOffYourHighHorse what's wrong with the court making a decision on a monetary award for a minor? Or is it the name you have an issue with? And why should someone use NHS resources when the treatment can be supplied privately, and paid for by the at-fault party's insurer? Who, by the way, may also reimburse the NHS for the A&E visit.

Jammysod · 18/10/2020 18:04

@BubblyBarbara

I would definitely put a bit of pressure on. Clearly people are getting more than that and it’s just an insurance company at the end of the day, you’re not taking the shirt off anyone’s back
Well... You possibly are. The cost of claims effects everybody's insurance. The cost of fraudulent claims (including exaggerated claims - not that I'm saying OP's is) is really high. That's reflected in everybody's premium.
Original poster
wasgoingmadinthecountry · 18/10/2020 18:29

Mixed opinions then!

She WAS injured - tinnitus and neck problems according to the hospital. None of this has been through a solicitor and she hasn't been sent to a medical expert through the other party's insurance. I haven't spoken to a solicitor. She says the back of her head still sometimes hurts.

I'll phone her physio tomorrow and explain/have a consultation. She had no neck pain before - just lower back sports niggles. See what the physio says.

Thanks all.

OP posts:
Original poster
wasgoingmadinthecountry · 18/10/2020 18:32

Oh and I haven't put in any official claim of any kind or filled in a form, just explained what her injuries were plus I assume they had the report the police made as the other driver was charged (police sent a letter to this effect saying he accepted the charge though not what it was for). Text from their company offering the money.

OP posts:
Elieza · 18/10/2020 18:33

I don’t see how you can accept a full and final offer of compensation if your dd is still in pain. Who knows what’s going on in there.

Id defo contact a physio and get them to check her out. If you get one who is familiar with her neck issues from before then they can perhaps work out if what she has now is related to that or the crash.

I had neck pain for 13 weeks after I was a passenger in a stationary car which was hit until I insisted on physio from my gp (who had hitherto been telling me to take paracetamol). I had four vertebrae out of alignment. I had no issues with anything prior. The physio could feel where my pain was and didn’t even have to ask me about it!

I had nhs physio and accepted £1500 compensation from the insurance and 25 years on I still have issues with my neck. I wish I had gone to private physio too as I don’t think the nhs gave me enough sessions, which I understand because they have to try and see a lot of people.

But I still can’t lift my head properly (I go to the hairdresser about twice a year and the backwash is difficult)!

Get her seen and sorted fully before you accept a final offer of compensation. I’d like me, 25 years on she still has problems, you will feel guilty for not sorting her health out.

user1494050295 · 18/10/2020 18:39

This happened to me. Similar injury. I expensed then for my osteopathic treatment and was also awarded 1500. Their insurance paid the damages to the car too. Take the money and use it towards treatment. It’s worth it. Do t scrimp on it. Good luck

Lilac95 · 18/10/2020 18:43

My partner had whiplash a year ago, other drivers fault and the car was a write. Went to a&e and a week off work, insurance offered £2k if my partner settled without legal teams. He accepted to be without any hassle and tbh the whiplash didn’t cause a whole lot of inconvenience. I know when legal teams are involved it can drag on and sometimes you don’t get much more. I’d accept

WhiteCloud6 · 18/10/2020 18:45

Sorry to jump on post....

Can I ask who your insurance is with and how long its taken to get this far in the claim? I had an accident back at the end of February (the other partys insurance claiming it's part my fault for going over a give way line but it's clearly not as he was reversing on a junction with speed and you can tell he was with the damage to my car!) I'm with diamond and its still ongoing! Becoming a bit of a joke now as it put my renewal up by quite a bit and I'm also due to have a baby in a few weeks so it's been stressing me out my whole pregnancy!

Neron · 18/10/2020 18:46

She had no neck pain before - just lower back sports niggles

Except in your OP, you stated she did have neck injuries from rugby. Be very careful about your story.

Newkitchen123 · 18/10/2020 18:47

Just out of interest how fast was the driver going?

Todaythiscouldbe · 18/10/2020 18:49

@BubblyBarbara

I would definitely put a bit of pressure on. Clearly people are getting more than that and it’s just an insurance company at the end of the day, you’re not taking the shirt off anyone’s back
Really? How do you think insurance companies make their money?
Remona · 18/10/2020 18:51

Given her age, I think this seems more than reasonable. It wasn't a high speed accident from what you've said. She's had 2 months of pain and has a bit of residual pain which, hopefully, will gradually reduce over the coming weeks and months. That's really not a very long period of time in terms of whiplash type injuries. Some people can have symptoms for several months or even a couple of years. Very occasionally people can suffer from ongoing symptoms. I assume she's still at school/a student so has no loss of earnings, which can often make up a large part of these settlements.

The younger you are, the more rapidly you tend to get over these things. Children/young people will recover from such injuries far more quickly than someone say in their 40s or 50s would. I speak as someone with experience in personal injury claims.

You can of course pursue it if you don't think it's fair, but that doesn't mean she'll end up with a higher offer.

Angelfish2021 · 18/10/2020 18:52

Never accept the first offer I was told!
I've been in 2 accidents and only had whiplash and got around £4000 for each one

Original poster
wasgoingmadinthecountry · 18/10/2020 18:53

Not sure - 20mph shared space. He wasn't local. More than 20 mph for definite. Wrote my little car off.

She has had sports injuries so that's who I'll contact tomorrow - most of previous pain is lower back which is well documented with hospital/school/GP so as they are the ones with the full notes I'll start there.

Just don't want as some pps have said to find out it's caused more lasting damage a few years down the line.

OP posts:
QuestionableMouse · 18/10/2020 18:57

@BubblyBarbara

I would definitely put a bit of pressure on. Clearly people are getting more than that and it’s just an insurance company at the end of the day, you’re not taking the shirt off anyone’s back
No it's why insurance costs so much. The payouts have to come from somewhere.
ivfbeenbusy · 18/10/2020 19:02

I thought there was a cap on whiplash pay outs now due the amount of exaggerated claims

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