Help- calculating compensation/children

[Mnk711]

Hi all,

Anyone know anything about calculating compensation for a car accident? I was in an accident at the end of last year and have put in an injury claim through the official injury claim portal. The insurance company has come back with a low offer that doesn't seem to be in line with the guidelines in the portal e.g. for the significant anxiety I've developed since the accident which my medical report lists as likely to last 6-9 months (how the doctor could possibly know that I have no idea but anyway!); the guidelines state that minor injuries are of duration of 3 months or less which would suggest this anxiety could be considered to be more serious (doctor lists it as 'moderate'). Is there anywhere I could find example cases to help me challenge the offer made, if I'm right? If I'm wrong then I don't want to go to court and end up looking like an idiot so keen to understand how to interpret the guidelines.

Also I haven't put in any claim for my young children as I've got no way of demonstrating their 'injury' I.e. ongoing anxiety about travelling in the car, I am assuming I shouldn't be claiming but equally don't want to let insurance company off lightly if I should be? What happens with children too young to be reliable witnesses regarding their pain and suffering?

You would need to have your children psychologically assessed to provide evidence that they have psychological trauma. If they are too young for this then you won’t be able to claim any compensation on their behalf at this time as you will lack evidence. However, the time limit to when you can start a personal injury claim (generally set at three years from the date of your accident) does not apply to claims for minors and your children could start their own claim when they reach the age of 18, if they felt they were able to demonstrate ongoing psychological trauma resulting from the accident.

Compensation for psychological injury and whether it’s considered “minor” or “moderate” isn’t simply based on the estimated time period a specialist would anticipate it lasting, but the impact on your life as a whole. You will need specialist reports to demonstrate the extent to which you’re affected if you want to successfully challenge an offer.

@ComtesseDeSpair thanks, I have a report that refers to moderate psychological trauma that is now mild-moderate, do you think that I need something more detailed than that?

Sincerely hoping my children won't continue ti be suffering from the accident by 18 - fingers crossed! Appreciate your advice on this too.

I guess some if it will depend on the severity of the accident. Moderate anxiety for a small bump isnt going to fly. Moderate anxiety for a traumatic car accident, much more likely to be taken seriously

If you want to challenge the offer then it would need to be with concrete examples of why you feel the offer is inadequate. “Moderate” psychological trauma generally refers to where there is currently some significant impact on coping with day to day life, but there is good prognosis for recovery. For example, are you undergoing counselling, the costs of which are becoming prohibitive? Have you had to find a different method of travelling to work, because you don’t currently feel able to drive? Has your work been affected because your anxiety is severe enough that you are taking frequent time off or cannot perform as well as you should?

Rather than framing it as “not letting the insurance company off lightly”, frame it as about obtaining fair compensation in accordance with your injury, and identify and evidence the impact of that injury on your life.