Aibu to accept whiplash compensation?

(35 Posts)

I had a car accident a few months ago which resulted in whiplash which took some months to clear completely and I'm still nervous at the round about where the crash happened. Have had a call from the guilty parties solicitor offering compensation, hasn't been going to claim as I don't like the whole where there's a blame stuff. Don't even know how much I'd get but as a lone parent trying to retrain for a new career any cash would be helpful.

WelshMaenad Wed 09-Jan-13 21:04:36

If you were genuinely affected, take it. Get advice first to make sure you're not being ripped off though.

I had severe whiplash after a car accident, I spent four hours strapped to a spinal board in a&e and needed months of physio. You're damn right I sued.

OldLadyKnowsNothing Wed 09-Jan-13 21:10:54

My ds was involved in a car crash a few months ago, did not suffer whiplash (but was bruised and shaken) and negotiated £1500 compensation. Your would be a good bit more than that.

bunchamunchycrunchycarrots Wed 09-Jan-13 21:14:03

The 'guilty party' won't have a solicitor phoning people up offering money. It's more likely to be one of the no win no fee companies, so please be wary. They will be thrown an inflated figure to lure you in. Be careful.

ChuffMuffin Wed 09-Jan-13 21:15:27

Have you consulted your solicitor about the claim and what they think about it? Did the guilty party's solicitor contact you directly or through your own solicitor? They shouldn't be contacting you directly hmm.

Also nobody here would have the foggiest what the claim is worth as all evidence would need to be considered and obviously we can't do that, the only person who can really advise you is your sol

< ex personal injury legal sec

CloudsAndTrees Wed 09-Jan-13 21:16:29

I agree with crunchycarrots. Solicitors and insurance companies don't generally offer out money, be very careful. If its genuine, then as you were affected, take the mooney.

Chubfuddler Wed 09-Jan-13 21:16:55

It's not a no win no fee firm, it's the insurers of the at fault driver trying to buy off claims cheap. It's called third party capture and they do it all the time.

If you were a really injured of course you should be compensated. If you had symptoms for only a short period and have fully recovered its probably a reasonable offer, unless you have any financial losses like earnings or physio treatment in which case you want that paid too. Once you accept you can't go back for more if things turn out more complex so be careful.

noblegiraffe Wed 09-Jan-13 21:22:27

Hmm, cold callers sometimes phone or text in relation to 'your recent car accident' even if you haven't had one. I think it's a scam.

I've been paid compensation from a car accident and I had to instruct solicitors to sue on my behalf, no one genuine phones up offering money.

OldLadyKnowsNothing Wed 09-Jan-13 21:24:21

When my ds had his accident, the guilty party's insurers called him direct and within days. In OP's case, with worse injuries, they've had to wait to see how her condition resolves.

ekat Wed 09-Jan-13 21:39:17

My suggestion (disclaimer: this is not my area of practice!) would be to ask them to put their offer in writing, saying that you would like to obtain legal advice on it. If they do follow this request with a letter, you can check who it is from, who they act for and what it is that they are offering. You can check SRA (solicitors regulatory authority) website (find a solicitor section) as to whether they are indeed a solicitor etc.

Chubfuddler Wed 09-Jan-13 21:50:52

Yes they do noble giraffe. I am a personal injury solicitor it happens all the time.

bunchamunchycrunchycarrots Wed 09-Jan-13 21:54:06

Chub if that is what you are you will also be aware of the scams out there involving cold callers as noble states.

noblegiraffe Wed 09-Jan-13 21:56:32

Really, chub? Why would you phone up someone who has not sought compensation and offer them money? What's in it for the person offering? Are you an ambulance chaser?

I've had loads of scammy texts and phone calls about 'accidents' I've had. Fishing.

Chubfuddler Wed 09-Jan-13 22:12:29

Yes, that's right. I chase ambulances.

hmm

There are scams but they are usually along the lines of a text message to someone who hasn't actually had an accident offering a sum of money. The op said she had been contacted by the other party's representatives - perhaps she has assumed they are solicitors but it sounds like a third party capture by the insurers to me.

Chubfuddler Wed 09-Jan-13 22:14:20

What's in it for the insurance company? Buying off a potential claim cheap. No solicitors costs, hopefully (from their POV) an undervalue of the claim and nothing the injured party can do about it if they don't recover.

bunchamunchycrunchycarrots Wed 09-Jan-13 22:16:49

It doesn't sound like that to me. A 'solicitor' offering a sum of money on behalf of the 'guilty party' sounds exactly like the ambulance chasers trying to lure people in with a tempting sum of money - usually something that bears no resemblance to what the claim is likely to be worth. If it was an insurer trying to capture the TP claim, they wouldn't do that by offering money up front in their 1st call.

boxoftricks Wed 09-Jan-13 22:21:16

It sounds like they could be wanting to offer you some money now, rather than waiting for you to sue in 6 months time, and get a greater amount? That right chub ?

bunchamunchycrunchycarrots Wed 09-Jan-13 22:22:16

Spoken like a true disgruntled PI lawyer Chub smile insurers undervalue claims as much as solicitors over value them. Dealing with claimants direct doesn't automatically equate to an undervalued claim as you would know how easy it would be for an insurer to get their arse kicked if they were doing that. Settling a claim without legal advice doesn't prevent anyone from taking legal action if they genuinely have been ripped off by an insurer. All it takes is a lawyer to persuade a judge to allow the court action to proceed on the basis of the insurers unscrupulous actions.

Chubfuddler Wed 09-Jan-13 22:22:57

Exactly boxoftricks.

Real claimant solicitors are not allowed to cold call and get in very deep shit if they try that kind of stunt bunchamunch.

Chubfuddler Wed 09-Jan-13 22:25:30

I'd be delighted to hear a claimant had managed to get a court to award them more compensation after accepting a direct offer which turned out to be an undervalue. I don't think it's ever happened. They waive the tempting sum of money, claimant signs to say they understand its full and final, a year later they've still got symptoms and that is, er, tough.

bunchamunchycrunchycarrots Wed 09-Jan-13 22:29:18

Well it's certainly happened in Scotland. If I had the case to hand I'd give you the detailssmile

noblegiraffe Wed 09-Jan-13 22:30:15

So the OP would be better off saying no and going through her own solicitor to make a claim?

Chubfuddler Wed 09-Jan-13 22:30:47

Ok well as you know, Scotland is a completely different kettle of fish to England and Wales. So it might as well have happened in Bolivia.

Chubfuddler Wed 09-Jan-13 22:32:21

It depends noble. It depends on whether her symptoms have completely resolved, whether she's got any financial losses and how much it's worth to her personally to have 1500 in her hand now rather than wait perhaps another year to settle for a bit more. It's very tempting and very clever.

bunchamunchycrunchycarrots Wed 09-Jan-13 22:33:00

The OP hasn't stated where she lives or where the accident happened so its just as relevant to comment on Scottish jurisdiction as it is E&W. smile

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