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.

I settled for £1,700 10 years ago. I wish I hadn't, as my neck continues to give me pain.

Getoffyourhighhorse, of course paracetamol won't fix it! Anyway, sustained OTC medication is not good since July!

And have you tried to get NHS physio recently? It was hard enough before lockdown!

@RozHuntleysStump they absolutely do pay out for the psychological effects of being in a crash. You would need to get them assessed by a psychologist or psychiatrist though.

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 agree. My car was hit from behind by a HGV and I was awarded £2,500 to cover treatment and compensation. Lots of people will bang on about “Oh, it’s all a con and this is why insurance is high” but I’d give the money back if I could get rid of the after effects of whiplash - nearly 10 years later I’m still paying for treatment to keep on top of the injuries to my neck and back. My doctors told me that long term effects were just something I have to put up with so I’m paying for private treatment. I don’t consider that the money covers the pain and inconvenience, but then no amount really would.

Some right martyrs on this thread.

Compensation exists for a reason.

Your dd shouldn’t have to suffer this pain, and there’s no way of knowing what lasting damage is there.

Usually insurance companies put you in touch with their preferred legal firm in these situations. Odd that you haven’t had that. Ask your insurance company if they can refer your case.

In my experience nhs physio is for the most serious of disability. I was discharged from it once I could get myself up out a chair and walk 10 metres!!! Never mind that’s not going to get me to a bus stop or barely into a taxi.
Strangely enough at 31 years old I had higher ambitions than walking 10 metres and so had to pay for private physio.

'Some right martyrs on this thread. Compensation exists for a reason.'

I'm not a 'martyr'. Compensation should surely be proportionate. A 'bit of pain' does not sound significant.

This happened in July, the op admits she hasn't sought legal advice, the party's insurers haven't requested independent medical advice. It just sounds depressingly like a 'kerching!' moment from the op.

I must've missed it but I cant see how this is impinging on the dd's quality of life.

'And have you tried to get NHS physio recently? '

Not me personally no but I know people who are seeing physios. She doesn't need to see one daily you know, it's like back ache or knee pain instructions are given and away you go.

I would tread very carefully pushing it further, if they discover that she has pre existing injuries then you could well end up with nothing.

Don’t turn what sounds like a very minor injury into a big battle you may not win.

These cases can drag on for years so just beware of that.

People with pre-existing injuries receive compo all the time. That won't negate her claim. And it is highly unlikely that a straightforward hit-in-rear whiplash will drag on for years. Depending on the age of the DD I can imagine that there might be a slight delay in agreement (so that the claim is agreed and paid after she's turned 18 to save going through the approval hearing) but it's unclear as to whether she's 16 and one month or 16 nearly 17.

Hi OP. Compensation for Whiplash is capped at £3725. I don't think the amount she has been offered is unreasonable. Bare in mind that to pursue this via a PI solicitor will take at least 12 months, most likely more, involve a medical and they will also take a cut (usually around 25%). That being said, if her injuries are still bothering her and there is tinnitus etc she may be looking at a bigger pay out to reflect the ongoing nature of her injuries. This would all be determined in a medical and a doctor would take into account any previous conditions. You should go back to the insurers, negotiate, and see if they would cover physio. I know for a fact that some insurers offer physio free of charge to the injured party. Just let me know if you have any more questions.

Apologies, that should be Bear in mind

My insurance company told me whiplash can’t be proven.
I believe it’s a load of bollocks and all countries offer treatment rather than a payout.

Should offer treatment

@Golfinches

Hi OP. Compensation for Whiplash is capped at £3725. I don't think the amount she has been offered is unreasonable. Bare in mind that to pursue this via a PI solicitor will take at least 12 months, most likely more, involve a medical and they will also take a cut (usually around 25%). That being said, if her injuries are still bothering her and there is tinnitus etc she may be looking at a bigger pay out to reflect the ongoing nature of her injuries. This would all be determined in a medical and a doctor would take into account any previous conditions. You should go back to the insurers, negotiate, and see if they would cover physio. I know for a fact that some insurers offer physio free of charge to the injured party. Just let me know if you have any more questions.

Have I missed the OP saying she's based outside England or Wales? Assuming she's here, this is simply not true!

I had whiplash. The physio didn’t ask me which bits of my neck were sore she told me which vertebrae were out of alignment as she could feel them.

That was all due to whiplash.

So I’m at least some cases it can be proven.

OP, please don't ask @Golfinches for advice. They haven't got a clue.

@Golfinches how do you know that the OP doesn't have legal expenses insurance? Have I missed a post?

@PenguindreamsofDraco what isn't true?

That compensation for whiplash is capped. The JCGs would tend to suggest otherwise.

Greeneyes

My insurance company told me whiplash can’t be proven.
I believe it’s a load of bollocks and all countries offer treatment rather than a payout.

Please see the link:

www.medscape.com/answers/1152543-106112/what-are-the-signs-and-symptoms-of-posttraumatic-cervical-dystonia-in-torticollis

I developed cervical dystonia , after a lorry crashed into the back of the car. I also got a slipped disc at C5.

Physio does nothing for dystonia or a slipped disc. I was offered neurosurgery to replace the disc with an artificial one; and cervical epidurals as painkillers. Iirc, the epidurals were £1,000 each.

There is only one really effective treatment for cervical dystonia and that is Botox injections. The first set cost £400 privately about 15 years ago. I had to wait 2 years to get them on the NHS. I have had them every 3 months for the last 13 years. The drug alone costs £308 a time at today’s prices. So, if we assume that is £400 x 4 x 13 is the cost, it comes to £20, 800 so far, and I could live another 30 years.

Then there is the cost of the three orthopaedic consultants, consultant anaesthetist (for pain control), ENT consultant, two consultant neurologists, voice consultant (because it spread to my voice), speech therapists, two MRI scans and numerous endoscopies into my larynx.

Nobody said to me that whiplash is all bollocks - rather it’s known in the literature that trauma can cause dystonia.

Work out costs so far and before you accept the offer,get her examined by an expert who can tell you whether there will be any inviting treatment required in the future as best they can tell.obviously the sports injuries may make this more difficult to say but don't sign off on a payment and then have unforeseen medical expenses,or time off from studies or work due to recurring problems.
Once you have all the information required,then make your decision.

People with pre-existing injuries receive compo all the time. That won't negate her claim. And it is highly unlikely that a straightforward hit-in-rear whiplash will drag on for years

Yes it does affect it, and yes it does drag on. My 'straight forward rear ended case' took 18 months. If OP wants to start pursuing more money that means assessments. If OP pushes for physio, the claim isn't settled until it's all complete and the daughter is discharged.

About 2 years ago, a woman deliberately drove into my car, trying to force her way into my lane, as she failed to read the traffic and was stuck behind a bus waiting to turn right. My car was really old and already had several dents, I only used it to take the dogs for a walk. I let my insurance know but took no further action. Then a few weeks later, the cheeky cow tried to use a PPI company to make a claim against me but they dropped the claim, as soon as they heard the full story and that it was so clearly her fault 100%. I was then approached by a PPI company a few months later and decided to let them pursue a claim against her, as she and her passenger were so rude and tried to intimidate me. I actually happened to go to an osteopath for a few sessions due have back issues, nout to do with the accident. I recently got my compensation, which was just over £2,000 after fees were paid to PPI. So, I would say that £1,500 is rather low, especially as there is some genuine whiplash. They should realistically be offering between £2,500 to £3,000.