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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Ballpark figure for car accident.

30 replies

Ballpark · 17/12/2018 21:14

Hello, I know mumsnet seems to frown on compensation claims however I would appreciate views on the offer I have received.

To summarise, I was absent from work for ten days then returned on shortened hours for another week.

Insurance paid for 6 physio sessions. Whiplash recovery 13 weeks. Still have popping sounds which apparently may never fully go.

Saw gp twice. Prescribed painkillers & heat cream and advised to use heat. Pre-existing Rheumatoid Arthritis.

Also pre-existing anxiety which worsened following accident. Referred by medical adviser to Psychologist who diagnosed travel anxiety. Had a few sessions and remain on a higher dose of anti-depressants than usual.

Offered £1750 in full and final settlement. Does this seem an acceptable amount? I don’t want matters to drag on if this is reasonable.

Any responses will be appreciated.

OP posts:
DonkeysEars · 17/12/2018 21:16

What do you think? You're the one that has gone through it all. Does that feel fair?

MotherCupboard · 17/12/2018 21:16

You could probably get £2000-2500. Have you got a solicitor? What have they said? I'd be surprised if they'd told you to accept that.

ShesABelter · 17/12/2018 21:17

No seems pretty low to me.

pumpkinpie01 · 17/12/2018 21:18

Did your employers pay you whilst you were off for 10 days ? As you are still experiencing popping sounds I would say no

MotherCupboard · 17/12/2018 21:20

Sorry I missed the possibly permanent popping sounds. If they're not causing any pain or suffering, they won't really be worth anything. The majority of the injury is the 13 week whiplash and the anxiety which unless it has a formal diagnosis is seen as part of a whiplash injury so wouldn't be worth that much on its own but the fact that you've needed treatment will bump up the value.

Ballpark · 17/12/2018 21:20

Solicitor said it’s my decision. I thought they would advise to accept or decline, hence posting here.

I didn’t lose any pay as received full sick pay. I also did not have to pay any access as liability admitted.

The popping sounds are worrying me. Not painful now though.

OP posts:
Ballpark · 17/12/2018 21:22

Thank you all for speedy responses.

OP posts:
ArnoldBee · 17/12/2018 21:25

At my work the employer makes a claim for your loss of earnings.

MotherCupboard · 17/12/2018 21:25

What medical reports have you had? Have you got a formal prognosis for the popping sounds?

BoebePhuffay · 17/12/2018 21:28

I think it’s low too. You’ll need ongoing treatment for the anxiety and likely future treatment for the popping sounds which will probably manifest itself in pain. I wouldn’t accept it.

Ballpark · 17/12/2018 21:30

I don’t know how to reply personally, sorry.

No such policy at work, I’ve checked as solicitor asked.

I’ve seen GP twice who said Whiplash. Had a medical assessment who confirmed Whiplash and Travel Anxiety and referred to private psychologist. Physiotherapist confirmed whiplash. Psychologist said anxiety had worsened due to accident and confirmed travel anxiety which should gradually resolve.

No x rays or anything.

OP posts:
Ballpark · 17/12/2018 21:31

Popping sounds - Physio said likely to continue but not to worry as does not cause pain.

OP posts:
MotherCupboard · 17/12/2018 21:54

I'd suggest asking to be seen by an orthopaedic consultant for a medical report for the popping shoulder. Surprised your solicitor hasn't already suggested this as an option. If it is permanent and continues as it is with just popping sounds, it won't be worth much as above. If it pre disposes you to something like arthritis then it might be.

donajimena · 17/12/2018 21:59

Be careful with what you accept. I'm not a blame = claim person either but you don't know if its going to progress. The trouble is how do you know?

Oblomov18 · 17/12/2018 21:59

It's very low. Dh just negotiated better, and his minor compared to yours.
You add up all your costs. The fact they paid you full pay is irrelevant You day 10 days x full pay + shorter days = £1400 minimum. Add on quite a bit for whiplash and emotional distress.

Never EVER accept their first offer. Everyone knows that's the first rule!!
Negotiate. Hard. We did. Dh is brilliant at these kind of things.

Ballpark · 17/12/2018 22:04

I have rheumatoid arthritis already. So I guess the amount reflects I have a pre- existing condition that happened to get aggravated.

I don’t know if the popping will get worse. That’s what I’m worrying about.

I don’t expect to get paid by my employer and paid again for the days I was off. That cannot be right.

OP posts:
AJPTaylor · 17/12/2018 22:12

Ask the solicitor what happens if you say no.

Ballpark · 17/12/2018 22:15

Good idea. I just said I would consider it. I’ll say that and see what they say.

OP posts:
tempname111 · 17/12/2018 22:20

I would also say it's low and I wouldn't be accepting anything at all until the popping has been medically investigated properly. It might not hurt now but if you accept and the popping requires treatment, the cost of that and it's possible consequences will not be factored in and there'll be no re-opening the claim.

I would ask your solicitor to request a private consultation (paid for by defendants insurance) to speed up matters and be seen quicker than NHS.

Good luck

TefalTester123 · 17/12/2018 22:21

Not legal person in any way but are you allowed to accept a partial settlement and defer settlement for eg the popping for say 6 months until outcome is clearer?

Lokisglowstickofdestiny · 17/12/2018 22:25

I'm not sure you'd get much more if you refuse this offer. Your employers has covered your time away from work including the shortened hours. The insurance paid for the physio - and they say the popping sounds may continue but not causing you any pain. You say you have recovered from the whiplash injury but your travel anxiety has increased but being treated with meds - I would think with time you will be able to reduce the dosage back to the original amount. I'd say the offer is reasonable.

Jenda · 17/12/2018 22:26

No don't accept. My insurance company explicitly stated that the first offer would be low. I think I got 3.5k for very similar circumstances to you but I had less time off and no popping sound

Ballpark · 17/12/2018 22:27

No idea Tefal.

I will respond and decline the offer and ask for another opinion on the prognosis of the popping.

Thanks to all who replied.

OP posts:
Ballpark · 17/12/2018 22:29

Sorry cross posts,

I never had travel anxiety before. I had generalised anxiety. If that makes a difference.

OP posts:
Piffpaffpoff · 17/12/2018 22:30

Way too low I’d say. I got several times that for getting knocked off my bike. Had a sore foot for about 6mo with possible longer term niggles and a nice dose of PTSD. However, I did it through my legal cover on my home insurance so had a specialist personal injury lawyer doing it which may have made a difference. I got double the initial offer and I think I accepted their third offer.