Whiplash Injury Compensation?

#1
Yes I know... all due perversion expected... and enjoyed... but seriously folks...

The better half was involved in a RTA about 2 years ago and the other side have already admitted fault. They have made a few offers... all have been rejected.
The surgeon / specialist provided by our insurance / lawyers have advised that if the injuries haven't cleared by end of April this year, then they are likely to be life long.

Our solicitors have advised that we can expect to be paid around 2 to 3k per year... but this was based on the assumption that the injuries would clear up. I'm thinking that it is unlikely they will pay those figures over the expected remainder of her life... which based on the longevity of the women in her family, could mean about another 50yrs.

So, the question is... what do you know and do you know of any recent pay-outs based on whiplash injuries, have you got personal experience?

Thanks Bill.
 
#2
Banjo,

I certainly wouldn't expect anything like 2-3k per year for the next 50 years. A relative of mine was involved in a RTA aged 50 ish. She ended up having to have extensive surgery in her neck to put titanium plates in where the bones were damaged. The solicitor went for loss of earnings, pain and suffering, all the usual. Final settlement was in the region of £160k.
Sounds a lot, but when you consider that effectively she still had 15 years working life left in here (council job) at around £18k a year that would have meant around £270, not including the pain and suffering angle. It is also worthy of note that she was forced to reture from work as a direct result of the accident as is now registered as disabled. She takes a concoction of drugs to ease her constant pain and walks with a stick.
Remember that insurance companies are not in the least bit interested in giving recompense to you for the real trauma of what has happened, merely paying you off with as little as possible so as not to lose profits.
This took 5 years to sort out, and also involved the insurance company paying a private detective to conduct surveillance on her as they thought she was inflating her claim, the barstewards!
 
#3
Cheers mate.

The wife's injuries are no where near as serious, just a pain in the neck (errm) .... less said on that - the better.

I heard of a judge who thought a claimant was being greedy - so sent him on his way with fek all... so we have to be careful... but £160k for that amount of injury seems like fek all - all things considered.

We don't want to be greedy (well I do) but before the lawyers settle.. having an idea of what to expect is useful... I get the impression that the lawyers wanted to settle early on so they get paid... can't trust any of the cnuts - especially the insurance companies.... as you said barstewards!
 
#4
I knew a bloke who was a wringer-out for a one-armed window cleaner. Unfortunately he got ambitious and tried three chamois at once and got severe whip-lash, lost his left hand.
Unfortunately they both had only their right hand so he got made redundant. They did try it once, but the tension built up and he spun off the ladder.
:D

Coat!
Taxi!
Apologies to Mike Harding!
 
#5
So what is the going rate for compensation for a standard whiplash injury, not the 'never work again' type described above?

I got rear ended (ooo-er) and the solicitor is indicating about £1500. This seems low compared to some of the chat I hear, but I've no hard facts to compare.
 
#6
Ratfink said:
I got rear ended (ooo-er) and the solicitor is indicating about £1500. This seems low compared to some of the chat I hear, but I've no hard facts to compare.
She's already been offered 4k for two years of pain (our lawyers said they can negotiate this upward) - but after April it's a new ball game according to our lawyers....

The 4k does not include the written off motor - we were paid for that within a couple of weeks.

I get the impression that the other side insurance Co hope that claimants are desperate for cash. Tough sh1t for them on this occasion, as although we're not stinking rich... we're not skint either.
 
#7
Tax_Tw-t said:
I knew a bloke who was a wringer-out for a one-armed window cleaner. Unfortunately he got ambitious and tried three chamois at once and got severe whip-lash, lost his left hand.
Unfortunately they both had only their right hand so he got made redundant. They did try it once, but the tension built up and he spun off the ladder.
:D

Coat!
Taxi!
Apologies to Mike Harding!
:D

You can imagine my horror when the wife came in and said "some bloke in a landrover has just banged me up the arrse!"
 
#8
Newb here, so sorry for chipping in uninvited

We were involved in a serious head-on 4 years back with an uninsured idiot on the phone.

Wife had moderate whiplash, neck and shoulders, etc, all settled within 18 months and she received £2,400. I had whiplash and lower back problems, and after 3 years faffing about (I still get a stiff back sometimes) they stumped up £8,500 for the neck and back.

We used one of those "no win, no fee" solicitors, and she sued them for loss of earnings for 18 months, which kind of balanced it all out.

As far as I know there is a scale of what they're prepared to pay, called the Judicial Studies Board Guidelines. All solicitors will have a copy (it costs about £20 to buy), but some websites give you a few clues:

This one is reasonable
 

The_Duke

LE
Moderator
#9
whosthedaddy said:
Banjo,

I certainly wouldn't expect anything like 2-3k per year for the next 50 years. A relative of mine was involved in a RTA aged 50 ish. She ended up having to have extensive surgery in her neck to put titanium plates in where the bones were damaged. The solicitor went for loss of earnings, pain and suffering, all the usual. Final settlement was in the region of £160k.
Sounds a lot, but when you consider that effectively she still had 15 years working life left in here (council job) at around £18k a year that would have meant around £270, not including the pain and suffering angle. It is also worthy of note that she was forced to reture from work as a direct result of the accident as is now registered as disabled. She takes a concoction of drugs to ease her constant pain and walks with a stick.
Remember that insurance companies are not in the least bit interested in giving recompense to you for the real trauma of what has happened, merely paying you off with as little as possible so as not to lose profits.
This took 5 years to sort out, and also involved the insurance company paying a private detective to conduct surveillance on her as they thought she was inflating her claim, the barstewards!
Sadly, that is all too common. Guess why? That's right - a very significant number (for the cynics amongst you, read " the majority") of whiplash claims are either fraudulent, or fraudulently exaggerated. In order to keep the claims costs down, it is quite common to appoint an investigator to assess who is genuine and who is not.

If they didn't, and your premiums all went through the roof I doubt you would be happy either!
 
#10
Doncha love this?

People complain about the compensation culture in this country. People blame the solicitors but you won't listen to yours advising you to settle and you want more money.

As for the insurance companies not paying out "...so as not to lose profits":

a. there are an awful lot of money-grabbing fraudsters out there (not suggesting anyone on here is one of course);

b. everyone complains when the premiums go up.
 
#11
Duke, I know how they play it, but in this particular case the woman had already had the 9 1/2 hour operation on her spine and the insyurance complany had full medical disclosure, so really they should have had enough facts to decide upon the claim. They were basically hoping to catch her out playing tennis or lifting heavy shopping but didn't as she was having real difficulty walking at that stage (she still is and rattles when she does on account of all the pills)
They will always chance their arm when the claim is large, common sense in some cases but not in others.
 
#12
John_Jorrocks said:
People blame the solicitors but you won't listen to yours advising you to settle and you want more money.
Not sure who you are addressing - can't see anyone in here who has declared they are not willing to take their lawyers advice.
 

The_Duke

LE
Moderator
#13
whosthedaddy said:
Duke, I know how they play it, but in this particular case the woman had already had the 9 1/2 hour operation on her spine and the insyurance complany had full medical disclosure, so really they should have had enough facts to decide upon the claim. They were basically hoping to catch her out playing tennis or lifting heavy shopping but didn't as she was having real difficulty walking at that stage (she still is and rattles when she does on account of all the pills)
They will always chance their arm when the claim is large, common sense in some cases but not in others.
Yes, that is exactly what they were hoping for. They didn't find it, so they paid out.

Having surgery does not automatically mean you will be disabled for life, so the case still needs investigating.

I dealt with a case a while ago where the claimant had been involved in a car accident and required treatment to a leg injury and whiplash. We had the notes concerning the treatment, but the notes do no, and cannot, accurately define the pain that the victim suffers, or how long it goes on for.

On investigation, this claimant was participating in amateur rallying whilst claiming disability due to his injuries. If we had taken his medical notes and doctors sick notes at face value, he would probably still be claiming now, and bumping up your motor premiums even further.
 
#14
pyrogenica said:
We were involved in a serious head-on 4 years back with an uninsured idiot on the phone........
Good link... thanks - the 4k fits in with the two years... so once we get past April - she should be looking at up to 14k. She's not severely injured or disabled - but in my opinion should be compensated adequately for a potential of 50 years of pain - which is likely to get worse.... tis why we have insurance.... and pay extra for legal cover.

The_Duke

Interesting reading your posts on this... good info.

Were not our to scam the sys... their original offer (nearly 2 yrs ago) was 1.4k. They then offered a bit more and so on. Our lawyers EVENTUALLY advised waiting till end of April... when according to the med advice, tis likely to be permanent.

I don't care if anyone thinks we are being greedy... personally I think 14k for 50yrs of pain is fek all and makes it far too easy for the insurance companies. But the law is the law.
 

The_Duke

LE
Moderator
#15
BanjoBill said:
pyrogenica said:
We were involved in a serious head-on 4 years back with an uninsured idiot on the phone........
Good link... thanks - the 4k fits in with the two years... so once we get past April - she should be looking at up to 14k. She's not severely injured or disabled - but in my opinion should be compensated adequately for a potential of 50 years of pain - which is likely to get worse.... tis why we have insurance.... and pay extra for legal cover.

The_Duke

Interesting reading your posts on this... good info.

Were not our to scam the sys... their original offer (nearly 2 yrs ago) was 1.4k. They then offered a bit more and so on. Our lawyers EVENTUALLY advised waiting till end of April... when according to the med advice, tis likely to be permanent.

I don't care if anyone things we are being greedy... personally I think 14k for 50yrs of pain is fek all and makes it far too easy for the insurance companies. But the law is the law.
You should pursue your case, and you are quite correct that it is what insurance is there for. On the other hand, you have stated that she is not disabled, and you are seeking money for the potential of pain she may suffer over the next 50 years. You should also not expect the insurer to fold straight away, or hand over a large cheque without doing some investigation, or attempting to negotiate the best settlement they can achieve for their investors.

Sorry about that, but it is the reality of insurance. If they paid out huge sums to everyone who applied, without attempting to reduce claims costs or weed out the fraudulent ones, you could expect to see your premiums double or treble overnight.
 
#16
The_Duke said:
You should pursue your case, and you are quite correct that it is what insurance is there for. On the other hand, you have stated that she is not disabled, and you are seeking money for the potential of pain she may suffer over the next 50 years. You should also not expect the insurer to fold straight away, or hand over a large cheque without doing some investigation, or attempting to negotiate the best settlement they can achieve for their investors.

Sorry about that, but it is the reality of insurance. If they paid out huge sums to everyone who applied, without attempting to reduce claims costs or weed out the fraudulent ones, you could expect to see your premiums double or treble overnight.
Thanks... I'm expecting their insurance Co to want their own med checks etc... might even have some private investigator hiding in the bushes etc.

At the end of the day.. the claim is genuine... so not worried.

Handy bits of info in here though...
 
#17
How long is a piece of string?

I've had three seperate crashes in 9 years resulting in basic whiplash and got £1200, £3300 and £1400. The worst injury was the last one and the least injured was the £3300, but it was the solicitor who kept pushing it despite being on a fixed fee.

I used to work for a private surviellance company and guess 8 out of 10 (claimants or solicitors) are exagerating the claim. One bloke played amatuer football at weekends and turned down 1/4 Mil. We got tasked, caught him out and he got paid £3000. I have also filmed badly injured people to allow the insurance company to come up with a fair settlement, however most instruct surviellance to catch people out.

Hold out and they will give a proper pay out in line with the injury.
 
#18
Just a quick addition to my previous post, we had to have an independent expert examine us, a doctor from another area. Our solicitor insisted on a dr she knew to be fairly sympathetic to RTA victims, but the insurers then demanded that we were checked out for a second timer by a panel of drs at a posh private hospital.

I know insurers have a duty to their other customers to detect fraudulent claims, but by the time they'd finished, they ended up spending a fortune before still having to settle up. The legal bill (they paid) came to £15,000, the first dr's opinion cost around £400, the second examination (with the panel) cost them well over £1,000 and it must have cost them thousands more in investigation, administration and their own lawyers.

If they'd just offered us £10k based on what the A&E consultant said when he first treated us, instead of taking 4 years and doubting us every step of the way, we'd have accepted it and been happy.

Anyway, good luck with this

*Edit: Do bear in mind that if it goes on for longer than 4 years and your missus gets the "label" of being chrnically injured, it could affect other insurance polices such as endowments, health, etc *
 
#19
BanjoBill said:
Yes I know... all due perversion expected... and enjoyed... but seriously folks...

The better half was involved in a RTA about 2 years ago and the other side have already admitted fault. They have made a few offers... all have been rejected.
The surgeon / specialist provided by our insurance / lawyers have advised that if the injuries haven't cleared by end of April this year, then they are likely to be life long.

Our solicitors have advised that we can expect to be paid around 2 to 3k per year... but this was based on the assumption that the injuries would clear up. I'm thinking that it is unlikely they will pay those figures over the expected remainder of her life... which based on the longevity of the women in her family, could mean about another 50yrs.

So, the question is... what do you know and do you know of any recent pay-outs based on whiplash injuries, have you got personal experience?

Playing it all wrong M8...this is all small time 'nickel' stuff...your ex mil...right..???..rejoin...'Out' yourself...get you mates/SNCO to 'beast' you for it, sue the MOD....£400,000.00...in no time at all, probably be a 'out of court jobby'...works even better if your female...so send your Mrs... instead, the money will make up for the 'rogering' recieved from all 'n' sundry....if instead you have standards 'n' morals...sign on as a civilian MOD typist...bit of RSI...admitedly only £200,000.00..but hey you Mrs did'nt get Sha**d(from either end)
 

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