Whiplash Injury Compensation?

Discussion in 'The NAAFI Bar' started by BanjoBill, Mar 6, 2008.

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  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. 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. :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
     
  9. The_Duke

    The_Duke LE Moderator

    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. Not sure who you are addressing - can't see anyone in here who has declared they are not willing to take their lawyers advice.
     
  13. The_Duke

    The_Duke LE Moderator

    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. 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.
     
  15. The_Duke

    The_Duke LE Moderator

    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.