Whiplash claim - reject first offer?

[HermioneKipper]

I’m expecting an outcry as I know everyone hates whiplash claims.

But I’ve only claimed to make sure I’ve got enough to cover all my physio appts etc.

I have been getting physio via the insurers but I’ve also had to get some other private appointments as I’ve been in pain in the meantime and it’s been so expensive. The accident was 6 months ago and I’m still in pain in my neck and lower back.

They've offered £800

Do I reject the first offer?

How much did you ask for?

How much covers your financial losses?

I didn’t. It’s via the Official Injury Portal - not lawyers or anything

This is your answer

I’ve had to pay £350 out on private physio sessions. Plus 2 sets of 3 prescription charges.

They’ve paid for 10 physio sessions separately which I’ve had but they’re being difficult about anymore.

I’m just worried I’ll have to keep getting private physio which will really add up. My lady is brilliant but charges £75 a pop

Definitely reject if it hasn't even covered your treatment to date

There are now fixed guidelines for whiplash based on how long recovery from the injury is expected to take. If you have a read through this it will tell you what the maximum would be. It looks like around £800 is about right unfortunately. They pay nowhere near as much as they used to, to stop people making false claims

https://www.legislation.gov.uk/ukdsi/2021/9780348220612

Why have you gone through them instead of through a personal injury law firm? I used my home insurance legal cover when I was injured in an accident as a passenger- they paid for treatment and I still suffer but I got 10 years of osteopathic treatment as part of my claim. Definitely reject this offer.

I’d reject; it doesn’t seem as much as it should be and you may need physio for a while

I mean I got £2k each, both times I claimed, was a while ago though, I think they've clamped down on it in recent years though.

They've changed the whole thing with whiplash claims in the last couple of years, you'd get nowhere near that now. PP linked to the new system and tariffs.

(Personal injury lawyer who no longer deals with whiplash claims here!)

Well the offer has covered my treatment so far - it’s more any ongoing treatment I’m worried about.

Thinking about it I’m also pissed off it’s all been such a nightmare to sort out. We had a real hoo har getting the car fixed and arranging the hire car etc and all the admin has taken so much time! Not that that’s relevant to the claim I guess

Any higher and they'll want to start gathering evidence on how long your injury is going to affect you for.

£800 is a reasonable amount for a 6 to 9 month injury.

If you google "Whiplash claim payout" you'll see the different maximum and minimum rates for claims depending on how long the injuries are sustained.

@HermioneKipper have you had a medical assessment from an independent doctor or physio who could give you an idea of recovery time?

I was involved in a car accident recently. I was stationary and hit hard by another car. Driver not long out of prison(for unrelated crime). The other driver has since admitted fault via their insurance Co and I’ve left it all with my insurance co to deal with everything.

I suffered whiplash and another injury which are ongoing but improving. My insurance Co sent me for physio and an assessment with a doctor. I haven’t paid for either of these appointments as my insurance co arranged and paid for them.

I’ve now received a copy of the medical report and the following information about a potential settlement from my insurance Co.

Please could someone, with experience in this field, advise how I should read the part about physio costs? Does this mean that my settlement figure of £540 would be reduced by whatever the physio cost was? Or does it mean that the settlement guideline figure they quote is after the physio costs so the total settlement of £540 would be the appropriate amount I would receive?

Hi, I know this is an old post but I’ve had almost the same identical letter and I have the same question as you posted here. Was the payout reduced?

The settlement wasn’t reduced by the cost of the physio. They paid for my physio in addition to the settlement. The physio did help.

The award was £495 but reduced by 25% fee so I received about £370.