Car crash settlement and partner

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Long story short, I was in a car crash and my partner was driving.
A car drove into us while we were stationary.
I received back and neck injuries.
My partner however has been very unwell and been in hospital for weeks due to brain injury.
The crash seems to have either caused this injury directly or set off a series of events that may have been dormant eg stroke/ brain lesions etc.
He does not have diagnosis and the neurologists cannot give a definitive one at present.
He is relatively well and discharged at present but is not permitted to work or drive until they have a definitive diagnosis which may never happen such is the complexity of the physiology of his brain. Their words. His scan results make for upsetting reading.

On a personal level I am under medical care.
For example I've been to hospital twice for assessments and X-rays, Dr 4 times. I'm still taking NSAIDS and am also attending counselling, osteopath and homeopathy.
I've had to give up past times and hobbies as they are physically prohibitive at the moment. I need further investigations for my lower back injuries which have been organised.
While my partner was in hospital, I drove to see him every day.. a 60 mile round trip to see him but to also to provide laundry/ clothes etc.
This went on for a full month.

So the insurance company has contacted me. They have offered me £ 1500 plus expenses as a form of compensation.
I have no experience in these matters so would appreciate your advice.

I need to write to them acknowledging their correspondence.

I don't wish to accept that offer. My treatment according to medical professionals will be ongoing but they cannot predict an end date.

When constructing the letter, is it acceptable to include the fact that due to this accident, I have travelled to see my partner each day of his stay and essentially been his advocate and best of kin or do I leave or out of the letter?

They never contacted him after twice promising to do so , so. They do not know that he's been in hospital and the extent of his injuries, whether caused by accident or not( symptoms started the next morning after the crash for him).

He will be handing this straight over to a solicitor.

My colleague who is legally versed thinks I should include the stress and upset that I have endured due to partners illness and hospital stay but I don't know should I ?

What are your thoughts please?

I would get a solicitor and let them advise you. I wouldn't respond without legal advice.
You certainly shouldn't take any offer until you know how long you'll need treatment for.

I'll warn you though, it won't be a pleasant (or short) experience. I was in a similar accident 4 years ago and I'm in significant pain daily and haven't had a full diagnosis yet. The other drivers solicitors have spent four years telling me I'm making it all up. I'm still nowhere near a settlement.

Please leave this one for your solicitor to deal with. They are best placed to work on this,

Without knowing the full facts of the case (I work in PI), it's unlikely you will be able to able to claim for the stress of visiting your partner in hospital. However, you can claim the expenses in doing so, i.e. petrol and parking and for any care and assistance you are giving him at home.

I would consult a solicitor. Speedy payouts for minor injuries are fine but for anything more complicated, consult a solicitor. If you accept the insurer's proposal and then go on to have ongoing problems, you won't be able to re-open the claim

You need an actual personal injury solicitor. If I were you, I wouldn't accept that settlement based on what you've said here but there are a lot of other factors at play. Are you under NHS care? Speak to a solicitor about going private and the ability to cover those costs because the private medical system is more likely to provide the evidence and information you need from a legal standpoint - the purpose of the NHS is to keep people alive, not provide any customer/client service for them to get compensation from third parties.

Mine was the most straightforward you could get. Stopped at a red light , rear ended, other driver got straight out and admitted liability in front of 2 witness, 1 of which as an off duty police sergeant.
Still took nearly 9 months and a solicitor to get reasonable compensation.

Please get legal advice.

Yes go to a solicitor. They'll know what to put. I'm so sorry you're going through this.

As I understand it your costs and time incurred in aiding your partner should be claimed as part of his claim, not yours.

Your emotional distress from presence at the scene of your partners serious injury can be claimed for as part of your own physical injury claim.

Do you have legal expenses cover on your home/motor/union/bank insurance?

Best wishes for the two of you.

Get some legal advice. I had something similar happen to me and received over 10K I should have held on for more as I'm still having issues.

Just take your time, there is no rush. Good luck and I hope your partner get better, all this stress can't be helping.

Go for legal advice, check if you have legal cover on any of your insurances to help. Don't accept this offer, my parent had a car accident and had to claim PI for a relatively minor injury in comparison to what you have said and was awarded triple that amount.

I was rear ended by a granny in a Nissan micra doing 40mph. I got 7200 as they refused to pay 800 of expenses. I have a weak back which will not get better and meant i had to change my job.

It took 3 years to sort.

my son was offered £1500 after a motorcycle accident, he said no - it didn't cover the cost of his leathers let alone his broken hip and destroyed bike. He told the drivers insurer he would see them in court and was suddenly offered £12,500 ! that was 6 years ago

See if there is legal cover under the motor policy they should be dealing with this . Definitely don't accept £1500

Having worked in PI claims for over 30 years, I strongly advise you to instruct a PI injury solicitor. Due to ongoing symptoms, your claim is nowhere near ready to settle. The insurance company are just trying to 'buy' you off. You will need to be examined by an Orthopaedic Surgeon and will probably require treatment.

Insurance companies are all about paying the least they can and know that when issues like this cause hardship, it is harder for you to fight it then it is for them. Get a solicitor who is an expert because there will also be costs that you will not have thought about yet. You should include all your pain and suffering, mental and physical.

Please, please do not accept their first offer. They always start very low expecting to raise significantly upon your refusal.
Good advice to see a PI solicitor. They will take the stress away from you. But expect a couple of years to sort out, but the financial gain for you will be so worthwhile.

His car insurance should work with you on this, you shouldnt be dealing with anything directly. Don't accept any claim while your long-term outcome isn't known.

I would not be accepting this. I have been in similar situation and was offered a low amount to start with my case went on for approx 7 years and i ended up with an awful lot more. You need a solicitor to deal with this. Did the car insurance your partner had not come with legal cover? As i would imagine that you should be able to pursue a claim for damages through that cover.

Thank you all so very much for taking the time to respond with excellent advice.
My partner was driving my car. I was the passenger.
The owner of the car that caused the accident has accepted responsibility for the crash, although initially, due to being very drunk and the leaving the scene, claimed his car was stolen.
However that is another scourge as we will have to testify on that court case soon, we have been advised.
This accident has claimed so much of our lives and plans and time.
It has been terribly upsetting and is ongoing but I do appreciate your good wishes.
I've made an appointment with a PI solicitor so fingers crossed.
Ps how do fees work with the solicitor please?

My sister has a car accident during the second lock down and it's only just approaching settlement now, well over a year later!! She has been told that she should accept no less than £4-6k for her injuries and the costs incurred. She couldn't look after her kids, go shopping, drive etc. the entire family had to step in and she needed to replace two car seats too.

You do not need to rush into accepting any payout, especially in the circumstances with your partner and ongoing treatment.

Get in touch with the brain injury charity Headway, they will be able to support re the brain injury and have good links with personal injury lawyers too. You have grounds to make a substantial claim

£1500 is an insultingly low offer. I received more than that in 1992 for less significant injuries sustained in a car crash.

This is terrible for you and I hate people who drink and drive. If you want to wreck or end your own life being stupid fine, but don't impact other innocent people.

As others have said, go with your legal advice. Note that insurance companies WILL make this painful and hard for you. They don't want to part with money. Just know it may take a long time so be prepared for the long-haul.

I'm so sorry that you have had to deal with all of this, however I would speak to your insurance company with regards to the settlement, they will put you in touch with a solicitor who will invoice the other drivers insurance direct so it does not effect your payout.

Please please do not settle this case without legal advice. Consult a personal injury solicitor, your injury sounds as though it would be worth much much more than the offer.