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Whiplash advice needed

6 replies

Mashedupbanana · 12/08/2013 22:01

A year ago I was rear-ended by a car going at quite a pace (I was stationary). I suffered concussion followed by whiplash (many sleepless nights in pain etc) and had physio. The other party's insurance company are now wanting to settle the claim and have offered me compensation which if I accept would be in full and final settlement.
My feeling is that I don't want to accept anything as although I'm not suffering day to day any more, there is definitely a weakness in that area and from time to time it's uncomfortable so I'd prefer to just leave it and decide what to do at a time I feel completely recovered (the money is not so important to me, but free access to physio is).
They now want me to be assessed by their orthopeadic specialist and have my medical records released as I'm saying I don't feel fully recovered. Do I have to do any of this?
It all seems slightly intrusive.

I've never asked them for compensation (just physio). I'd prefer not to get into a legal battle and just liaise directly with the insurers but I'm not sure what I do and do not have to comply with. Any advice?

OP posts:
RedHelenB · 13/08/2013 09:17

Well I would imagine they would have to confirm your injuries are as you state and to see what their specialist thinks re future costs.

titchy · 13/08/2013 09:30

The physio IS compensation effectively!

Yes they are being perfectly reasonable in asking this. You don't have to of course, but your physio access will cease if you refuse.

tb · 13/08/2013 21:28

Please also ask your gp for full thyroid panel blood tests - ie tsh, free t3, free t4, combined t3 and combined t4.

This is because an injury to the thyroid gland, such as a whiplash injury, can cause the thyroid gland to fail. I know, I've been there.

It is acknowledged that up to 25% of the panel of people that give blood for analysis to produce the so-called 'normal' range have underactive thyroids, but are undiagnosed and untreated. Having your own 'personal' figures will be something to refer back to if later you develop symptoms.

They do it routinely in the states, pity they don't in the uk.

PeppermintPasty · 13/08/2013 21:43

Remember that one year is very early on in your recovery. Some whiplash injuries take years to settle.
If you are still suffering I really would urge you to go to a good solicitor and get proper compensation. If they are worth their salt, they will ensure that you are able to continue your treatment while the legal claim is going on anyway (normal procedure, and in insurance co's interests anyway).
A good orthopaedic consultant will give you a prognosis ie be able to tell you, on the balance of probabilities, how long you can expect to suffer problems.

Just imagine if you have a permanent problem because of this, but you "settle" for costs of Physio for a year, say. Please be very very wary of dealing direct with the insurance co. All they want to do is cut a deal and get out of there.
Talk to the Law Society about a good sol local to you. Don't go to a claims co under any circumstances.

Have they actually admitted liability? As if they have, your worries about a big legal battle could be unfounded. If the case is clear cut as far as blame is concerned, then the "case", as it is, will be all to do with your injuries and how much they are "worth".
And remember, you have 3 years from the date of hthe accident within which to start court proceedings. Don't let the ins co drag out negotiations as if you get to over 3 yes with no settlement, they could turn round and give you nothing and you'd be too late to start an action for damages.

PeppermintPasty · 13/08/2013 21:44
  • 3 years not 3 yes!
Mashedupbanana · 18/08/2013 09:01

Thanks for the advice everyone

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