compensation from car accident- advice needed

[SBParker99]

the accident happened in 2020 february, ongoing with solicitors since march 2020, i have my medical assessment today, to form the medical report and i was just wondering if anyone’s had experience and how long it will take from here to getting an offer (they’ve already admitted liability) this seems to be taking forever. i broke and permanently damaged my shoulder and broke 3 ribs. how long has anyone else waited and is there a quicker way round this

@NoWordForFluffy i’ve had progress at last! my medical report is back but suggested phycalogical review and physio. i know i can still settle however if i chose to see the case through could i request a second interim as i’m aware if i do the reviews it will take months if not can i still settle now?

You could settle now, but your injuries can't be valued properly until your medical evidence is complete, so you run the risk of under-settling your claim. It's your risk to take, but your solicitor should advise seeing it through so your injuries can be properly-valued.

@NoWordForFluffy is it possible to take a second interim payment to get me through till the end as i’ve been warned there’s months worth of waiting lists

If your claim is going to be worth over £10k you can get another interim payment, yes.

Did you have any lost earnings at the time of the accident? I'd see if they can include those for you next time, on top of the £1k for injury.

I very much doubt the insurer will pay another interim on the back of one medical report.

Your solicitor will have sent the interim request with medical. I'd be surprised if the insurer didn't make an offer now to avoid getting further medical evidence. If you don't feel a psychological report is necessary and you don't want to drag this out you can ask your solicitor to submit a value to the insurer and they may go for it. Psych reports are costly and not worth bugger all. They won't treat you and unless you've got pstd don't waste your time.
What bones did you break?

If a psych report recommends treatment, then yes, you can get that treatment, actually.

Anything less than a formal DSM is a bit pointless, but if it's recommended, the solicitor can't advise you to settle without.

@championthewonderhorse70, the first interim was sought with the medical records, not report. And the portal rules are very clear that you can seek a second interim if your claim is over £10k. If the TPI refuses, the claim will drop from the portal and cost them way more in fixed costs.

@championthewonderhorse70i broke 3 ribs, and fractured my clavicle which hasn’t healed i also damaged my AC joint, recommended physiological report and steroid injections

@NoWordForFluffy

If a psych report recommends treatment, then yes, you can get that treatment, actually.

Anything less than a formal DSM is a bit pointless, but if it's recommended, the solicitor can't advise you to settle without.

@championthewonderhorse70, the first interim was sought with the medical records, not report. And the portal rules are very clear that you can seek a second interim if your claim is over £10k. If the TPI refuses, the claim will drop from the portal and cost them way more in fixed costs.

I meant the report itself doesn't treat any issues and unless treatment is recommended it's a waste of Ops time. I get the feeling op is keen to settle and hopefully gets the settlement deserved. I'm aware of the second interim if it's over 10k which is why I asked for the injury details You're totally right in what you're saying

[quote SBParker99]@championthewonderhorse70i broke 3 ribs, and fractured my clavicle which hasn’t healed i also damaged my AC joint, recommended physiological report and steroid injections[/quote]
Do you want to settle soon for financial reasons. If you can I wouldn't rush to settle unless your medical evidence is complete. You don't want to be under compensated

@championthewonderhorse70 what would you say my claim is worth based on the injuries?

[quote SBParker99]@championthewonderhorse70 what would you say my claim is worth based on the injuries?[/quote]
You can't put a figure on it until your medical evidence is complete. You need a prognosis for all your injuries. You might find the insurer will throw out a 10k offer to get it settled or depending on insurer they won't make an offer at all. If you want an offer tell your solicitor to email or calll them and say you'll go away now for ££. They might counter offer with something you're happy with

@championthewonderhorse70 my solicitor has point blank refused and treats me like a child (i’m 21) and says she’s in charge, could i call them myself or would that not work? do you think it could be around the 10k mark?

[quote SBParker99]@championthewonderhorse70 my solicitor has point blank refused and treats me like a child (i’m 21) and says she’s in charge, could i call them myself or would that not work? do you think it could be around the 10k mark?[/quote]
They can't refuse. You are the client and they have to take your instructions. They might advise you against it however.
If I you want to settle now be prepared to be offered less than your claim could be worth
Insurers aren't allowed to discuss offers with you when you have solicitors instructed.

As I said with your medical evidence not being complete there's no telling. You might get a 2 year prognosis or a 10 year prognosis.

@NoWordForFluffy

You could settle now, but your injuries can't be valued properly until your medical evidence is complete, so you run the risk of under-settling your claim. It's your risk to take, but your solicitor should advise seeing it through so your injuries can be properly-valued.

Fluffy could you advise on how to handle the solicitor please

@championthewonderhorse70 @NoWordForFluffy the accident was 16 months ago and full recovery expected in 36 months. my solicitor keeps being rude to me and ignoring requests originally she said it would be a couple of months. i just want it to end now. my medical evidence only needs the physc report and recommended steroids and physio (10-15 session) otherwise it’s complete

oh and to add to it there’s typographical errors in my report so it now has to be sent back.

can i ask her to make a offer without the report? as i’m scared getting it corrected will take weeks like it did to get sent over

@SBParker99

can i ask her to make a offer without the report? as i’m scared getting it corrected will take weeks like it did to get sent over

They won't make an offer without the report. If your injuries are expected to resolve in 36 months and your are psychologically well then tell your solicitor you don't want the psych report done you just want to settle If she ignores you complain to the practice manager or a senior partner. Is your solicitor one that your own insurer instructed for you?

No. You can't make an offer without the report. The whole point of the report is to allow the parties to value your claim.

If you want to settle, you'll have to choose the amount you want to offer because your solicitor can't advise you as your medical evidence isn't complete. I wouldn't value your claim either. If you were my client, and you wanted to settle now, you'd have to tell me the amount you wanted and I'd send a mandate to you to sign to show you understand you could be under-settling, you're going against advice and you know that once it's settled it's done and dusted, no going back.

In the portal process you have to make the first offer, you don't invite offers, so you'll have to decide on an amount. The problem is that if you can't agree on an amount, you'll have to go to a Court hearing for a Judge to decide, on incomplete evidence. Which could mean you get way less than you wanted.

You really need to be patient and wait it out, in my opinion. You're doing yourself a disservice by rushing it.

What would you have done for money if you hadn't had the accident, if financial pressures mean you feel you have to settle?

Are they only typos in the report? Nothing substantive? I probably wouldn't get inconsequential typos fixed if they don't change the accuracy of the report.

@championthewonderhorse70, she needs steroid injections doing as well, it's not just the psych element outstanding. So I really wouldn't want to settle until those are done. The prognosis is likely based on having had those, and if they don't work, then she's at real risk of under-settling.

@NoWordForFluffy, i was self employed this accident lost me my business then covid hit and i couldn’t rebuild. i have no idea where to start with a offer to put forward. i also have a nearly 2 year old who was 6 months at the time. i don’t feel i need the psych evaluation i just get a bit anxious that’s all. @championthewonderhorse70 do you have any idea of an appropriate offer to suggest based on my injuries?

Nobody can give you even a vague value without the medical report to hand. It's not fair to ask people to do that and would be unprofessional of anybody to try, frankly.

If you've lost earnings, then you need to be claiming those as well. If you don't rush, you'll likely get more than if you do.

[quote SBParker99]**@NoWordForFluffy, i was self employed this accident lost me my business then covid hit and i couldn’t rebuild. i have no idea where to start with a offer to put forward. i also have a nearly 2 year old who was 6 months at the time. i don’t feel i need the psych evaluation i just get a bit anxious that’s all. @championthewonderhorse70 do you have any idea of an appropriate offer to suggest based on my injuries?[/quote]
If I had to I'd tell your solicitor to put forward a crazy offer of about 8k so you can pay for your injections privately.
They might come back with 5k at guess then you could counter at something in between.
Like I said without seeing your report it's impossible to put a figure on it. So I'm throwing numbers out there a bit.
I get that you want to settle however and tbh the insurer would be daft not to try and get it settled too.

£8k for 36 month multi-site fractures / joint damage?! Plus injections on top?

Please don't listen to PP on value. You really need it valued properly.

Ask your solicitor if it's possible with the evidence she has to value the physical injuries on their own. If this is possible, then she should do that for you. You would still need to consent to potential under-settlement though.

yeah my solicitor said she will value it but will take a while. @NoWordForFluffy may i ask if you thought the 8k was to high or to low?