Cheque for writeoff car, impact on personal injury claim?

tandcapply

Hi all,

My car was rear-ended and is now written off as an economic write off.
Driver admitted liability, his insurance confirmed (on the phone if it's worth anything).
I've agreed a value with 3rd party's insurance company and received the cheque - with no admission of liability on it.

I'm also in the process of personal injury claim with the inhuriesboard.

Would lodging the cheque for the car have any impact on the personal injury claim?

I'm not using a solicitor as I understand that the whole idea of injuriesboard is to save the need for a solicitor.


TIA

goz83

The cheque is to cover property damage and you would have signed a form with the assessor to say as much. It would not impact an injury claim.

How recent was the accident? What injuries do you have?

If it is straight forward whiplash and you have a full prognosis at this stage, then yes, you could claim without the assistance of a solicitor. Though, in my opinion, a solicitor is always a good idea, because he/she is really the only person who can tell you if you are being offered fair compensation for your injury.

Edit: I see the accident was over a month ago, but there were no details of an injury in your previous post. I would assume then, that any injury would be a minor one and a solicitor would not necessarily help with the outcome of a small claim.

JC01

Nope, no effect on the personal injury claim at all. Totally different matter.

ninty9er

Best advice is call the PIAB. Insurance companies generally issue cheques in FULL AND FINAL settlement

goz83

ninty9er wrote: »

Best advice is call the PIAB. Insurance companies generally issue cheques in FULL AND FINAL settlement

No, they generally don't. Even the rep from the insurance company who visited me made sure to manually insert "property damage" onto the form I signed, to settle the damages for my vehicle, which was also a write off.

This is why a legal representative is a good idea. It would be difficult for an insurer to say that the amount, which just covered property damage, was also for personal injury settlement.

After I was issued a cheque, the insurer made a separate offer to settle the personal injury claim that I had not even made at that stage. This was weeks after the property settlement and months before the PI claim was sent to the injuries board.

tandcapply

Thanks everyone,
I suffered minor injuries thankfully in the accident, initially I was in bits.

I tend to agree with the fact that a solicitor would be a bonus.
But thus far, I'm yet to see anything in the PIAB process that would require one, it's a simple, upload details, get medical form filled out (for ridicules amount of money which I hope to get back from insurance as it's just excessive IMHO).

I can always get one to make a recommendation when settlement is reached.

tandcapply

"
We have pleasure in enclosing a cheque in full and final settlement of all claims competent to you against the insured arising out of the accident.

Payment is made with a denial of liability.
"

Did anyone ever receive a similar worded letter?

goz83

tandcapply wrote: »

"
We have pleasure in enclosing a cheque in full and final settlement of all claims competent to you against the insured arising out of the accident.

Payment is made with a denial of liability.
"

Did anyone ever receive a similar worded letter?

Contact your solicitor

barryfitz

Yeah, Every letter I ever received from other partys Insurance co ended with. "Payment is made without admission of Liability"

Pat Mustard

tandcapply wrote: »

"
We have pleasure in enclosing a cheque in full and final settlement of all claims competent to you against the insured arising out of the accident.

Payment is made with a denial of liability.
"

Did anyone ever receive a similar worded letter?

I assume that you wish to settle car damage only for this amount, rather than all claims. Therefore, you need to see a solicitor now, as pointed out above.

The IB process is touted as being a process in which you do not need a solicitor. The reality is that the insurance companies will take full advantage. And if you hire a solicitor, his legal fees have to be paid of the damages assessed by the Injuries Board. Generally, you can't recover legal fees/costs unless you go to court.

The Injuries Board system is good for insurance companies, in that they make large cost savings. The system is bad for injured parties, who effectively pay for these savings.

tandcapply

I agree, it's time I get a Solicitor.

I had a good run thus far, but you are right, it's designed to make it easy on the insurance companies, not much help to me.

Thank you all.