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

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

This

It’s not the injuries that determine the compensation, it’s the impact. So, is there loss of earnings? Is that just for the time off work or is it a lifetime thing due to reduced earning capacity (does reduced grip strength affect your ability to do your chosen field of work? Would not driving far/ regularly affect you accepting potential future promotions? Is sleep disrupted by ptsd affecting study and future learning potential? etc, etc)
Are hobbies impacted (now and long term- consider pre accident hobbies)? Is the impact likely to be long term?
what about social impacts? Any long term difficulties there (due to ptsd, ability to drive confidently, loss of significant friendships as a direct result of stress etc)? Again, is there medium- long term impact?
Any impact on intimate relationships? Ability to have/ care for a family? Loss of or weakening of significant reliationship(s)?
Ability to care for your self and your environment? (Hygiene, housework, shopping, gardening, cooking etc) Long term or short term? Any financial cost associated?

The more spheres affected the higher the payment. And the more demonstrable the likely length of impact the more compensation.

So the same injuries could attract much more money if, for instance, they affected your studies for a degree likely to massively improve your income, stopped you working in your chosen field, left you unable to manage your home, stopped you seeing friends and caused loss of those relationships, affected your ability to fulfill potential, caused a breakdown of a relationship with your partner and stopped you doing things that were meaningful to you.
Did the solicitor fully explore all of this? If not, it may be worth renegotiation.

I recently recieved 5700 for whiplash and anxiety caused by the crash, I'd be expecting tens of thousands for your injuries, I'd look for a new solicitor

Yes OP if I were you I'd be looking for upwards of 25k, especially given the impact on your mental health. Can you find another solicitor?

Derisory offer. A broken finger alone is worth around £1200! I assume you have been examined by an Orthopaedic and Psychogical experts. What was the prognosis?

PI solicitor here.

£2,500 seems pretty low. If it was just the soft tissue and whiplash injuries, you'd be about right but the fractured fingers would push it up over that figure. Is the nerve damage going to be permanent?

What type of expert has examined you and done a report? I'd expect an orthopaedic report at least.

I'd be inclined to ask your solicitor how they've arrived at that value. Ask them to explain which section of the JC Guidelines they've used and if they have any quantum reports of similar injuries.

Bear in mind you might have insurance premium and a success fee to be deducted from your damages too...

No way. 2K is roughly the baseline for soft tissue injuries no lasting effects fairly quick healing. Get other solicitors.

Id be wanting at least 20k and I'd take it to court. Don't let them bully you into a piss poor amount op.

I agree that’s ridiculously low. I got £3900 when someone went into the back of me, I had stiff hips for about a month and 4 physios sessions

@PinotPony the physio expects the nerve damage to be healed within the next 6 months or as the exercises have been improving it. The report and assessment was done by a doctor who specialises in car crash recovery. I wasn't given any choice who to go to, was just told where to go and when by the solicitors.

There's no success fee as it's covered by my car insurance legal policy. However, I wasn't given any choice of which solicitors to use. The insurance put the claim through to them and just said that was who I had to go with

In 1991 I had a whiplash injury that broke spines on my neck vertebrae, and also my thyroid. I now have arthritis in my neck, forbidden to work in front of a pc.
In 1996, I was awarded £17,500.

It was a 'smith' award, settled out of court. Sadly, unlike in the US, they didn't do a full thyroid panel and so it took me 10 years, and a 10stone weight gain to have m'y hypothyroidism diagnosed.

Unfortunately, I was in the middle of professional exams, failed them and in the subsequent recession was made redundant after I passed.

In 1991 £2500 was considered the minimum award for whiplash. I wouldn't settle.

I think if I went with new solicitors now I would have to pay any fees incurred with the current ones?

I suspect that unless you are paying your solicitor upfront that they will probably be claiming more like £10k & taking their fee out of it

Tell them you expect £25k not £2500.

As it's a no-fault claim I wouldn't think you'd have to pay.

I went with what was then Lace Mawer.

"JC guidelines section I(w) Hand, Finger and Thumb Injuries... This will include fractures which generally have recovered in six months. Also injuries such as scarring, tenderness, and reaction to the cold where there is full recovery - up to £4,750"

If you've been diagnosed and treated for PTSD, they absolutely need to get an expert psych report.

This!
People don't seem to realise that these numbers are not just made up. Your solicitor should be advising you well and accurately. An offer from the other side may be lower but as this is what your solicitor is advising i suspect it is probably fair (and no one on here can accurately assess without more details including your medical records). As PP stated, there has been a big crackdown on whiplash /car injuries.

Just as an fyi your solicitor will be getting more in fees than the 2.5k

It's very low OP. I was a passenger in a car when someone drove into the back of us. Not high speed, but not slow either. Admitted liability. I had whiplash and a shoulder injury which still bothers me at times (though not seriously). I got about £4k and was told I could have pressed for more but just wanted it done with.

Yours sounds horrendous and I hope you get the outcome you deserve. No the money isn't everything but it's an acknowledgement and it's what it represents.

@HelloAllll I certainly don't think the figure is just made up, but the figure they've given me doesn't seem to match the ones given in the judicial guidelines

Was your solicitor appointed by the insurers? If so find an independent and reputable firm and they will act for your best interests rather than the insurance business.

DS was nudged on his leg by a car in a car park a couple of years ago. Some bruising but nothing else. They offered him £3k the next day which he accepted gladly. Your offer is highly insulting.

@CrimsonCountess im so sorry you went through that! You definitely deserve more imo - think of how things could effect your earning in years to come! I think in region of £3-5k is more appropriate x

@MatildaTheCat yes they were, my insurance told me I would have to go with them if I wanted to use the legal cover on my policy. I've just looked at my contract with the solicitors, and it says if I go elsewhere now I will have to pay all fees incurred up until this point so I think I'm stuck with them really

I was awarded £1k when I was hit from behind, had concussion, memory loss and a week off work with no ongoing issues. This was 20yrs ago.

Your solicitors don't sound very good! I got around 35k total, for cracked ribs/sternum, concussion and post concussion syndrome, plus PTSD. The insurers paid for 12 weeks of therapy upfront for the PTSD about a year before we started discussing settlement figures.

I had two psych evaluations and reports, and a physical too. All that was sent to a barrister who then valued it independently.

My uncle recently got 2k just for whiplash so this really doesn't sound right to me.

I've been working in this area for 25 years. You need a psychological report and probably an orthopedic report if your physical injuries don't recover. You can choose to wait out your prognosis and if your injuries are ongoing, go and get further reports. The full extent of psych injuries doesn't usually become apparent straight away. Some of the values people are telling you are way, way off the mark - £25k is very unlikely. Whiplash payouts have been cut hugely so people who got £3k a few years ago might only get £200-300 now. But with your other injuries, you might get more like £10k though with two fractured fingers and ptsd. Don't be in a rush to settle. Once you've accepted an offer, that's it. Done and dusted, no further claims.

If i had nerve damage id want to see if it did actually recover in 6 months as the physio said. Id also want some CBT or EMDR to deal with the trauma of what sounds like a very upsetting incident. If the nerve damage is permanent for example, you deserve to be compensated for that.

Most of the solicitor pi firms are just like a conveyor belt. They're trying to settle as quick as possible because their costs are non existent. They should want to filter out cases like yours which might lead to them getting decent costs. Perhaps ask your claims handler to refer it to their supervising solicitor to review because they're undervaluing it and the case handler might have failed to appreciate the extent of your psych injury.

People telling you to move solicitor - All PI firms are largely the same. It doesn't really matter if you were referred by their insurance, they don't work for your insurance co, once the referral is done they have nothing to do with your claim for injury. Unless they've been negligent, i wouldn't bother to move to another firm now your claim is underway.