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Original poster

WWYD: Car Accident Claim Settlement

33 replies

Doodlebug89 · 03/04/2018 10:51

Hi everyone,

Back in October I was involved in a minor car accident (I was a passenger in car with husband, we were stationary at a junction, someone wasn't looking where they were going and went into the back of us. They have admitted it was their fault). I had minor whiplash, with initial pain in my neck (went after a week) and ongoing pain in my upper and lower and back. I have had chiropractic treatment as part of our claim, but I can't have any more as I've reached the limit).

The lower back pain is bad when I teach - I am a University lecturer and deliver 2-3 hour lectures a couple of times a week. In the evenings after these lectures I have bad back pain and sometimes need to lie down. I only started teaching again in Feb (after I had my medical assessment for the claim) so it's only become apparent now that this is elevating the pain (although I did note to the doctor that I was worried that it would hurt when lecturing, as it hurts if I stand for more than 30 mins doing ironing etc). In May/June I'll teach an intensive course where I'm teaching every day, so I imagine it will be quite painful. I'm only 28 and have never had back pain before.

Anyway, solicitor emailed today to say if I'm happy I've recovered sufficiently he will go ahead and try to settle the claim. He values the claim at £2,500 (and the same again for my husband). However if I claim and the pain worsens (e.g. with the intensive teaching) I won't be able to make any further claims. I think it will be more painful when I do the intensive teaching, but I don't think I could evidence it in a way that would affect the claim. When I had my medical exam the doctor said it will only get better with time.

What would you do? Would you settle now or wait to see if the pain worsens?

OP posts:

feral · 03/04/2018 19:09

I'd settle now because they're increasingly becoming stricter on this kind of claim due to so much fraud.

KanielOutis · 03/04/2018 19:12

I'd settle now. Personal injury claims are nothing on what they used to be. I got £3750 last year for a broken collar bone with ongoing pains during a car crash. In comparison your offer doesn't seem bad at all.

Original poster

Doodlebug89 · 03/04/2018 20:51

Thanks for the advice. £2,500 is what the solicitor suggested we might get, so we might get less in the end. I think I will settle as I'd quite like to draw a line under the whole thing. I don't think I'm actually getting worse I think I'm just experiencing more pain because I'm standing for longer at the moment.

Sorry to hear about your collar bone @KanielOutis

OP posts:

StopPOP · 04/04/2018 11:41

Personally I wouldn't settle. You have ongoing pain that isn't yet resolved which is affecting your ability to work effectively. What if that pain doesn't resolve on it's own? If you settle, as you know, you have NO recourse.

How is your DH? If he has no further issues I would settle his and keep yours open.

Petal12 · 04/04/2018 12:37

I work in this field and I would also not settle. If you are experiencing marked pain that is if a concern to you, you should not accept that figure. You need to explore whether the pain is going to be permanent, will get worse over time,requires any further treatment or will make you vulnerable to osteoarthritis etc. Was it just a gp med examination or an orthopaedic? Was a prognosis provided?

TheCraicDealer · 04/04/2018 12:42

28yo, no previous back pain, absence from work for four months, still in pain with further attendances to your GP 6 months post accident? Not a chance would I take 2.5k for that.

bertielab · 04/04/2018 12:46

Not a chance.

Don't settle.

Speak to your solicitor and say the back pain is bad and no settled. You won't settled until it is sorted.

Also say you want more treatment now etc.......

I was rear ended years ago and had a few months off work and back pain for about a year, I got ten times your settlement. I had to wait and wait, but it wasn't the money but principle for me.

Original poster

Doodlebug89 · 04/04/2018 20:00

Just to clarify, I didn't have any time off work I just only teach in the Spring semester (I do research the rest of the year, so mainly sitting down writing). I just took it easy the week after it happened. Also £2.5 is my 'in hand' settlement, after the solicitor's percentage and 18 chiropractic treatments at £40 each.

There was no damage to our car (the plastic bumper popped off, but we just clicked it in again) so do you think it could be anything serious? The other car can't have been going that fast?

I went to my GP the Monday after it happened (it was Sat afternoon), and haven't been back since. The medical exam was in Jan and was with someone organised by the solicitor. He didn't do much, just asked me to move in a few different directions tested my resistance. He said that it would get better over time (maybe 12-15 months), he suggested 6 additional chiropractic sessions but that was it. I don't think I'm allowed more through the solicitor.

What should I do? Go back to my GP? It takes ages to get an appointment and they normally just fob you off :(

OP posts:

BirthdayKake · 04/04/2018 20:03

I'll only get around £1800 in hand after a crash at around 70mph on the motorway. My neck still hurts three months later :( I would accept x

StopPOP · 04/04/2018 20:34

Get in touch with your solicitor. Say you do not wish to accept the offer, want the claim to be kept open until you have seen a specialist privately and funded by the insurance company for a diagnosis, further treatment if appropriate and a specialist prognosis.

StopPOP · 04/04/2018 20:36

@BirthdayKake, why will you only get that amount?

TroubledTribble28 · 04/04/2018 20:39

Op consider your current pain very very carefully and seriously. I had a 'bump' in 2010 that put me in a wheelchair 3 years later I am unable to work and unable to claim benefits, I'm fucked. Best of luck.

Noqonterf · 04/04/2018 20:40

I wouldn't accept that. You don't know how much worse it will get, you've taken time off and you might need to on the near and distant future. No way would I settle for that. I would find another solicitor who knows what they are doing tbh.

mrtumblesmistress1 · 04/04/2018 20:48

Don't accept. You may need an updated medical but if you are still suffering £2,500 isn't enough. This is more on the lines of a 6 month injury and you will be suffering longer than this. Plus the chiropractor sessions etc should be treated separately to your claim for injuries - this are called 'special damages'. So for example if you have a prognosis of 12 months you're looking at about £3,500 and then any treatment costs are paid on top of that.

AJPTaylor · 04/04/2018 20:50

Do not settle.
Do not accept your solicitors docs saying it will improve with time.
Have you had physio?
Never accept a settlement until you have recovered. Insurers are rightly being robust with fraudulent claims. Yours isnt fraudulent.

BirthdayKake · 05/04/2018 07:45

It's just how much I'll get after the solicitor's fees. I'm still having physio. I am fucking terrified of any cars being "next to me" now ie dual carriageway. I took the DC to the cinema afterwards and my neck was bad afterwards. But it's "just" whiplash and "just" travel anxiety so not much I can do.

BirthdayKake · 05/04/2018 07:46

Took DC to the cinema yesterday*

LadyLancelot · 05/04/2018 10:40

Do not settle. Why haven't you gone to your gp if youre still suffering? You may need further investigations such as an mri. The incident may have accelerated an underlying condition.

LadyLancelot · 05/04/2018 10:42

Birthday you can choose to defer settlement until you feel you're recovered. Do not accept any offers yet unless it's more treatment.

BirthdayKake · 05/04/2018 13:23

I accepted it last week :( waiting for negotiations now. The medical report says I'll be better in 6-9 months apparently so we have to go on that! I just want it over with tbh

boredofwaitingagain · 05/04/2018 16:22

I wouldn't settle as it hasn't resolved. You could have ongoing pain for many years.

LadyLancelot · 05/04/2018 20:08

Birthday right up to the point the solicitors accept an offer you can tell them you've changed your mind. Tell them you want to wait out the prognosis. Dont settle yet.

BirthdayKake · 05/04/2018 20:26

I didn't realise that Lady. What will realistically happen if I ask to wait it out?

LadyLancelot · 06/04/2018 12:17

If you're not better in 6-9 months you can be reevaluated by a more specialised doctor and they will review you in more detail. Possibly you might need more treatment or a scan. If you're not improving then id take a trip to the GP to see if there's anything you can do such as more physiotherapy. Whiplash isn't always just whiplash. Sometimes it can be more serious and long lasting and sometimes permanent, so don't be pressured into minimising it. If you are better by the end of the prognosis, great, you can settle it then. Pm me if you like.

LadyLapsang · 06/04/2018 20:04

I would really advise you not to settle. I suffered whiplash 20 years ago and it still causes me some pain. Like you, I was told it would settle down. Your health is your wealth - not £2,500. See your GP, get referred as appropriate - I would ask to see a physio, and don't settle financially until you are properly better or your condition is clear and you can negotiate a bigger settlement.

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