Any insurance claims handlers on here ??

[subsagain]

AIBU to think it's their MO to get the injured victim of a car crash , to agree to a pre medical settlement, in order to avoid legal involvement?

Do you mean the at-fault party's insurer? Of course they would want to keep their costs down.

Yes.
I was in my car. When another drove into me. I have some nasty pelvic and shoulder and neck pain.
I am I'm under medical care and also counselling as I'm a very nervous driver and it has really thrown me. I am a nervous wreck now.
They rang and told me that they will be offering a settlement?

They can offer, you don't have to accept. Have you spoken to your own solicitor? Your insurer will usually have a panel solicitor that they can refer you to.

No I haven't spoken to my solicitor yet . This is all new to me but I expect my medical care will last months by all accounts.

Pre medical settlements are against the law now so i would be surprised if they were offering you hard cash without a medical. They might have been offering you some kind of service to help you bring a claim against them. You can bring your own claim through the official injury portal though, you don't need a solicitor. It's very easy. You'll need a medical report but the system helps you arrange that. Although, at the same time pre medical offers were outlawed, they cut compensation for whiplash and soft tissue injuries down to a couple of hundred pounds so you might not end up with much benefit. They could probably arrange private treatment for you though.

In addition not many solicitors will touch whiplash now because they don't get any costs for doing it.

He did sound a bit cagey and I was wondering why any one would offer an injured party compensation without seeing a medical report?

Because up until last March pre medical offers were incredibly common and a good way of settling low value whiplash claims. But as i said it's now against the law so it's a bit dicey if they're offering you a pre medical cash offer. Did he give you a figure? As whiplash is now literally only worth a couple of hundred pounds instead of the few thousand you would have got 18 months ago.

When was your accident? The date will determine which claims process you need to follow.

Thanks. No figure yet.
I found it odd that they would want to offer without seeing all the medical reports.
Accident was two months ago. Physio thinks it will be many months before I'm healed.

The general starting point for accidents on or after 31/05/2021 is the official injury claim portal (OIC) which is supposed to remove lawyers from the process by using a tariff system to calculate injuries based on the mandatory medical report/s you will need to obtain. The tariffs are very low! Once a claim is commenced via OIC pre- med offers are not allowed. There are lots of exceptions to the OIC portal though as well as hybrid cases where part of the injury claim falls in the OIC and also outside. There are loads of claims stayed pending test cases the see how the portal rules should be interpreted. Exemptions include children, foreign vehicles involved, capacity, vulnerable road users (pedestrians, cyclists, motorcyclists, horse riders, mobility scooters etc) Claimants who are bankrupt or where a party has died - either as a result of the accident or otherwise, and claims with a potential to exceed £10k. It’s all very new and up in the air. There are too many variables for anyone on here to advise you properly. The last lot of changes took place in 2013 and are still the subject of challenges to date! Do you have legal expense insurance attached to your motor policy of home insurance policy? If so, I’d approach them for guidance. Good luck!