To ask how much you would expect the compensation to be for these injuries?

[CrimsonCountess]

I just want to start this by saying that I don't really care about the money as such, but after everything I've been through I feel a bit insulted by the value they've put on it. The Police aren't prosecuting the driver due to insufficient evidence even though he admitted fault at the scene, so I guess I wanted him to be impacted financially instead

6 months ago I was t-boned by a driver who hit me at 65mph in a 30 limit after he failed to give way at a crossroad. My car smashed into a signpost, flipped over a ditch and landed upside down in a field 20 metres away from where the impact happened, just to give you an idea of how hard he hit me. I was trapped inside the car for 3 hours and had to be cut out of it

I had extensive bruising and 2 broken fingers, whiplash and numerous soft tissue injuries all over my body. I had 2 weeks off work then went back on reduced duties. I've done 3 months of twice weekly physio for my back, neck and hand, and the nerve damage to my fingers has left me with reduced movement and grip. I was diagnosed with post concussion syndrome which has caused ongoing problems. I've also had 4 months of counseling which is still ongoing due to PTSD symptoms. I've spent months terrified to leave the house, having nightmares and being unable to drive due to the fear of it happening again. I've recently started driving again but I hate it and am only doing it because I have to

My solicitors have been in touch today and said they have valued it at £2500, but have taken out the amount they've already paid for physio so would give me £1800. I don't want to seem like I'm just out to get money, but I don't think I believe this really reflects the hell that my life has been for the last 6 months. I don't know whether to argue it with them, or if I should just accept it and try and move on

Yikes, £2.5k is an insult.

Is that the offer from his insurers?

Are you entitled to criminal injury compensation? Or was it classed as an accident?

I hope you get a lot more and that you feel better soon 💐

You don’t need to go with first offer op. Has it been to court?

@Meraas @Sparklypant that's the value my solicitors have put on it. It hasn't gone to his insurers yet as they need me to sign off and say I'm happy for them to try and get that amount. It's been classed as an accident, non fault on my behalf, as they don't have any evidence that he was driving dangerously at the point of impact. Apart from the fact he was speeding which to me seems like absolute bollocks, but that's a whole other issue hah

You can decline an offer, I was awarded £3500+the write off value of my car around 10 years ago for 2 broken ribs, a broken collarbone and sternum and the physio around that after a drunk driver slammed into us - it was the seatbelt which caused all of that damage but had I not worn it I'd have died instantly.

It still terrifies me now driving late at night because you can't know what choices other people have decided to make.

@Sparklypant it hasn't been to court, my solicitors have been dealing with it so far. Would it go to court if I argued their figure?

Try to find out what has been offered in the past for similar injuries, that will hopefully give you an idea of what is reasonable.

I got knocked off my bike 4 years ago, driver turning into side street on my side didn't see me and "t-boned" me at less than 20mph

I have 3 inch long scar on my shin from a gash, had various bumps and bruises and ended up doing 6 weeks of physio for a shoulder strain.

I managed to limp to the nearby train and was back at work 2 days later.

I got £3900 of whick I think the bike was maybe 1000/1200

I was represented by a specialist cycle injury lawyer, they really knew their stuff. Maybe see if you can get some different advice

Judges have guidelines as to what they can award for injuries in court. Ask your solicitors, if they are going by those guidelines?

I have heard EMDR can be effective for PTSD?

I was awarded 8k 20 years ago when a car went into the back of me and I broke a vertebrae in my neck.
2500 is vey low

I don’t know if this helps. About 15 years ago involved in an accident with a van I was the front passenger.

The car was written off, I was taken by ambulance to hospital. Fractured sternum and bruising. 5 days in hospital, 6 weeks no driving. I’d say 6months recovery. No physiotherapy offered. But had therapy later for driving phobia.

I got £14, 000.

I would refuse that, my ex got that after being hit head on by a drunk driver, and he had whiplash, physio but no major injuries. His case did go to court and the driver was prosecuted but £1800 is an insult for what you've been through

Try this calculator:

www.quittance.co.uk/personal-injury/glossary/judicial-college-guidelines-for-personal-injury-compensation

How can someone going 65 in a 30 not be driving dangerously!!

So looking on a solicitors website (an ambulance chaser by the look of things but still it gives you an idea)

The amount of compensation you can claim for whiplash range from £240 up to £4,215, depending on the length of time you suffer from your injuries.
A minor head is just (you mentioned post concussive syndrome which I would say is more than minor) is from £2000-£12000
A minor hand injury is up to £4700
Mild ptsd £3000-£8000

I would say your solicitors have given you an extremely low figure

These figures are pulled from the Judicial college so they do refer to claims that go to court, but even not going to court I would expect them to be somewhat reflective

That's appalling

I got 6k 5 years ago for whiplash and soft tissue damage

in Ireland we use the book of quantum to assess personal injuries.

www.piab.ie/eng/news-publications/Corporate-publications/General%20Guidelines%20-%20Revised%20October%202016.pdf

the calculator below might help you for UK

www.quittance.co.uk/personal-injury-compensation-claims-calculator

I got £0 as the person who hit me did a runner and was never caught. It was on a rural road far from any CCTV. Also complicates things in that I don’t know when exactly I was hit because I was unconscious for awhile.

So that said, i think £2500 is very low. Have they added in lost earnings? Will your PCS require you to work fewer hours or not so all…then you can add lost future earnings? Have you been assessed by neurology for any brain injury (& had an MRI)?

An artist recently got £3m for being hit by a cyclist and giving him a brain injury.
www.itv.com/news/london/2022-04-14/artist-with-chronic-headaches-after-being-hit-by-stolen-bike-awarded-3m-damages

The other driver will not be financially impacted by you making a claim. I'm not sure why you think that they would be?

Get your sols to give you a breakdown, and then have a look at the JC guidelines.

Who are your sols?

Does it cover the value of the car and loss of income? I would want however much that would be.
I was in an accident (rear ended, not my fault), and was urged to claim compensation as I had whiplash. I didn't though as I had sick pay for the time I was being checked over at hospital and insurance covered repairs on my car (luckily not a write off), and money wasn't going to help me feel better, so I just left it at that.

Decline that. I was given £1700 for a simple whiplash so you defo deserve more

Seems low. I got 2k a few years ago after being hit and having a sore wrist for a few weeks.

(I only sued because they lied and tried to deny involvement and I wanted my £500 excess back, the police dropped the case for lack of evidence so I employed a personal injury lawyer to take them to court).

There are specific Judicial College (JC) Guidelines on these injuries; a bracket of figures to work within and it is most likely your solicitor is working within those guidelines. Even if you had alternate advice, it would still be within those figures, so it may be that you might be advised as being slightly higher up in the bracket but this would not drastically increase the amount claimable. There has been a huge crack down on soft tissue and whiplash recoverability in recent years due to the public perception of ‘compensation culture’ so effectively your claim mostly is for two broken fingers and 2 weeks off work. That is not to say I agree with that, but just the way that the figures work.

I'd be insulted by that offer

The first offer is always ridiculously low, they do have clear guidelines about how much particular injuries are “worth”, but any initial offer is made at the lowest end with as many reductions as possible. Ask them for a breakdown of their figure and how they arrived at it.

They should be paying for your physio and counselling, and an additional amount for any loss of earnings (including any reduced hours or unpaid time off for appointments etc). On top of that they should pay an amount for pain and suffering, including consideration of any permanent injuries. I defended personal injury claims many years ago so I know the mindset, if not the current technicalities.

Avoid going to court if you can, but do argue with the amounts offered - do your own research and make a (high) counter offer with a view to meeting in the middle.

@TheSummerPalace I've just had a look on that calculator and it says I should be awarded anything between £10k - £28k based on the Judicial guidelines

But she also has a head injury and ptsd