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.

It's up to you whether you want to push for more. But if you are not instructing a lawyer acting on your behalf, it's an invitation for the third party's insurer to fob you off with a low offer. On the other hand if you do "lawyer up", legal fees can potentially

When I was the at-fault party, my insurer settled for nearly 10 grand and outright admitted it was cheaper for them to pay out that level of claim than fight the case. Considering the sum total of damage to my car was £25 for a new number plate, I believe the other party's claim was dubious.

I guess the message there is push for more and you might well get it.

@whitecloud6 I had an accident very similar to the one op described and it's still ongoing...its currently 2 years and 1 month since the accident 😣

@OnlyToWin

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.

Ten grand for whiplash is utterly ridiculous. No wonder insurance is so expensive. We’ve turned into such a litigious society.

She can’t have been that badly injured if she wasn’t even admitted to hospital.

@BubblyBarbara where exactly do you think the money to pay claims comes from? The attitude of "insurers can afford it" is exactly why premiums are so high.

OK, I'll email the insurance company saying thanks I'll get back to you once I've spoken to our physio. Will speak to physio (know and trust her) - if dd needs treatment it will be there anyway and report back to the company.

As a mum of 4 (dd is youngest) I am fully aware how much insurance costs! Not my aim to put up the price but if my 16yo needs more treatment, they should certainly pay for it.

@wasgoingmadinthecountry check if your insurer has a panel solicitor they use.

I had £5k two years ago. 9 months of physio for whiplash.

I should have claimed. A car drove into the back of mine. I had a head ache and a black eye As my head hit the steering wheel.
And it was on Christmas Day !

DH accepted about £3600 just over 3 years ago for an accident that sounds very similar to yours. Had a few months of physio.

I got 7.5k for long term back damage.

I'd rather have a healthy back though.

@GetOffYourHighHorse

'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.

Infant approval mandatory until 18th birthday.

The fact that your car was written off may not mean as much as it sounds
We had crash couple of years ago. My car was written off. Car about 8 years old not high spec. Didn't take much for it to write it off. Neither of us were injured. We had been moving furniture and i had forgotten to put the headrest back after having seat down and I didn't get whiplash.

I realise some payouts seem high but some injuries do worsen over time - there are different phases to soft tissue damage and they aren’t apparent straight away. A soft tissue injury may be considered legally catastrophic if there’s the potential for long-term or permanent effects. Some potentially permanent consequences include chronic numbness, chronic pain, limited mobility, loss of function, and limited muscle strength. Honestly - most people would prefer the mobility and less pain than the payout, but not everyone who claims for an injury is a money grabbing con artist! Some injuries, which seem minor at first, do impact your life and cost money to treat.

I received £2.5k and private physio costs 9 years ago. £1.5k is very low.

where exactly do you think the money to pay claims comes from? The attitude of "insurers can afford it" is exactly why premiums are so high.

I don’t drive a car so it won’t be coming from me

@GetOffYourHighHorse

'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?

You pay a fortune so if you injure or kill someone, the consequences of your bad driving are covered. Not sure what's so controversial about that. Don't want your insurer to pay out for your driving? Drive better.

Having had private physio before for an accident, I am acutely aware that costs for treating an injury can mount up, and can be higher than you expected. You should be put in the same position pre-accident, so if the OP's DD needs private therapy to recover from the whiplash, absolutely that should be funded. As we all know, the NHS don't treat everything, so assuming medical costs are nil is dangerous.

I agree with @gobbynorthernbird My husband had a similar incident about 5 years ago.
He got £3k and a course of physio

'Having had private physio before for an accident, I am acutely aware that costs for treating an injury can mount up, and can be higher than you expected. '

If the ops dd needed physio it is free on the nhs. Do we all go private when we can cash in on insurance or something. I would suggest as she only has a 'bit of pain' she probably doesn't even need physio. I'm all for compensation due to lost earnings if injured but this just seems like a money grabbing exercise imo.

Full recovery within 3 months £300 to £1,950

Full recovery between 3 months and 1 year£1,950 to £3,470

Recovery between 1 and 2 years (see "neck injury" for longer-termwhiplash injury)£3,470 to £6,290

@GetOffYourHighHorse but why should the NHS shoulder the burden, and why should the OP DD have the bare minimum of treatment, possibly at times and dates and locations that aren't ideal?
I bloody love the NHS but, let's face it, they're barely managing urgent cancer diagnosis appointments at the moment.

I only have my experience to go on

I would decline this offer - it will from a table of similar and you are within your rights to decline

as your dd is 16 the payment will not be made until she is 18 - it will be held by the court and interest added until she reaches 18

it will have to go before a judge as she is a minor and then they can decide - so it will be impartial

so say no and don't worry about being grabby or the like this is pain and suffering and costs that should be paid back to your dd

Ignoring the repayment of costs incurred I think I got somewhere around 3k 15 years ago. I'd pay it all back in an instant if I could get rid of the lasting effects. My injury has to be actively managed, it causes me no problems if I do the right exercise, but a lot of pain at night if not.

The car being written off, doesn't mean the payout will be higher. Modern cars are designed to fold for protection, volvos even have whiplash protection systems. A car will be written off if it's too much to repair, because of the man hours and parts prices. Rear ending can buckle the frame.

I would be careful about proceeding that's all. I was rear ended on my motorbike, I had whiplash plus a whole load of other injuries, some of which have left me with permanent damage. I was in agony, and my life very impacted. I had to see various medical practitioners, including being sent for an analysis to make sure I wasn't lying about my injuries. Every single part of my medical history was ripped apart, including those of my physio and my osteopath because I too am a sports person.

If you go down the route of wanting more, the insurer will pursue and question everything including if the daughter is in pain, why no treatment etc. I also spent 16 years within insurance, and now my new career means I contribute to reports following accidents etc. It's an ugly process.

My partner had someone rear end him at high speed. 19 months ago!! It's still an on going case. The insurance company have sent him across the country to see a specialist, sent for scans elsewhere, he had physiotherapy.
So time off work, travel expenses, etc.
Your daughter can get help and claim the expenses back from the insurance, that's what the claim is there for. Did a doctor recommend any ongoing help?

In the mid nineties my DH has a accident which was his fault. All settled through the insurance. A couple of years later when I changed insurance company and had to provide information from the old company to the new company I discovered that the woman in the other car had put in a claim for whiplash. She got £6000.