Compo for car accident. Second offer

mcneil

A friend of mine was in a car accident a few years ago, whiplash, sore back and cant sleep properly at night. Has put on a lot of weight since the accident and sometimes walks with a limp because her back is so sore. This was a year after having a new baby and was hoping to go back to work but unfortunately can't because of these issues. This is a genuine claim and not someone pretending just to gain more money.

She was offered 7.5k 6months ago which was an insult to her. Another offer has been sent of 22.5k which still falls short of what she thinks she deservers but she's afraid of refusing this and getting nothing!

What could potentially happen if she refuses this offer. Is it a back and forth process until she's accepts, a take it or leave it or gets nothing?

McCrack

I think the best thing is to instruct a solicitor for independent and professional advice and also be aware of the statute of limitations.

Atlantic Dawn

What have the doctors confirmed is wrong with her and when do they think she will be recovered if ever?

RustyNut

Did she go to the injuries board ? What did they recommend?

maidhc

Get that into the Injuries Board ASAP, NOW, IMMEDIATELY.

As mentioned your friend has a strict two years to bring a claim. Insurance companies will happily drag things out to two years and a day and then smile at you.

After that the best thing to do is speak to a reputable solicitor.

There is no fixed amount that is fair, it can range from about 7k to a seven figure sum and it depends on the injury. 22k for a person as symptomatic as you describe seems light however.

paddydriver

I thought statute of limitations only applies to the period within which you need to initiate your claim.. once you have started the process then it doesn't matter how long the issue takes to get resolved. Best of Luck OP! Don't accept an offer you are not happy with.. your friend should time and carefully consider long term implications for the injuries they have.

Arcade_Tryer

2m seems appropriate given the symptoms you suggest she is experiencing.

mcneil

Arcade_Tryer wrote: »

2m seems appropriate given the symptoms you suggest she is experiencing.

2million is a lot more than the 35k she thinks would be a reasonable offer. But hey, if she can get 2mill, sure why not! Lol

pcardin

mcneil wrote: »

This is a genuine claim and not someone pretending just to gain more money.

Fair enough...

mcneil wrote: »

She was offered 7.5k 6months ago which was an insult to her.

mcneil wrote: »

Another offer has been sent of 22.5k which still falls short of what she thinks she deservers but she's afraid of refusing this and getting nothing!

:rolleyes:

As much as I felt sorry for her from your first sentence, it was all gone by following few. :mad:

pcardin

mcneil wrote: »

2million is a lot more than the 35k she thinks would be a reasonable offer. But hey, if she can get 2mill, sure why not! Lol

Yeah! And lets pay car insurance of 4k each for the following next 2m years. :pac:

Peregrinus

If she cannot work, and this is a permanent state of affairs, then 22.5 is a very small offer. But her view that she can't go back to work may not align with the medical evidence.

Mcneil, without seeing the medical evidence nobody on this board can hazard a guess that would be any use at all as to what a reasonable offer would be, and opinions that might be offered here are worse than useless to her. She needs professional advice, and she shouldn't faff around before getting it.

pcardin

Peregrinus wrote: »

If she cannot work, and this is a permanent state of affairs, then 22.5 is a very small offer. But her view that she can't go back to work may not align with the medical evidence.

Mcneil, without seeing the medical evidence nobody on this board can hazard a guess that would be any use at all as to what a reasonable offer would be, and opinions that might be offered here are worse than useless to her. She needs professional advice, and she shouldn't faff around before getting it.

This is the proper advise!

Doodah7

I'm unsure how an increased offer is going to stop the pain in her back, help her sleep or walk without a limp?? Is she going to use the funds for medical treatment or it is psychosomatic pain and it is a case that these issues will magically disappear upon receiving a pain-relieving amount?

McCrack

Of course not. Dont be silly

Cee-Jay-Cee

mcneil wrote: »

2million is a lot more than the 35k she thinks would be a reasonable offer. But hey, if she can get 2mill, sure why not! Lol

Tell her to ring them back and state that she will settle for €40k, if they don't wish to accept that then she'll instruct her solicitor to act further. If they went from €7k to €22.5 then they'll go €35. Play hardball.

beer enigma

Not sure what assessment has been done or who is involved, but this needs to go through the injuries board as people have mentioned and whilst I wouldn't normally recommend solicitors, if its been ongoing for 2 years I'd get legal advice.

The danger here isn't so much the claim value, its the paperwork that accompanies it. Should your friend suffer ongoing issues or future complications, its important to ensure that the 'full and final' settlement doesn't exclude future action. Whilst F&F paperwork doesn't always stand, I've seen wording cause all sorts of issues with re-opened claims.

pm.

Cee-Jay-Cee wrote: »

Tell her to ring them back and state that she will settle for €40k, if they don't wish to accept that then she'll instruct her solicitor to act further. If they went from €7k to €22.5 then they'll go €35. Play hardball.

What a load of crap.....get a legal team to act on her behalf and let the people that have trained for years handle this.....

bladespin

Cee-Jay-Cee wrote: »

Tell her to ring them back and state that she will settle for €40k, if they don't wish to accept that then she'll instruct her solicitor to act further. If they went from €7k to €22.5 then they'll go €35. Play hardball.

I'd imagine that's a bad idea, putting a cash figure up front sounds a bit mercenary and would look bad imo. Better let them re-offer until it meets expectation.

Wheeliebin30

pcardin wrote: »

Yeah! And lets pay car insurance of 4k each for the following next 2m years. :pac:

A report last week proved instance claims AREN'T the reason for hikes in premiums.

But that's what the insurance companies would like people to think.

pcardin

Wheeliebin30 wrote: »

A report last week proved instance claims AREN'T the reason for hikes in premiums.

But that's what the insurance companies would like people to think.

do you have a link to that report?

bladespin

pcardin wrote: »

do you have a link to that report?

Seems to be a bit of a mess here, more reason IMO for the govt to take the matter in hand, if you're going to put the onus on people to be insured then you should guarantee a fair process.

From the IT

pcardin

bladespin wrote: »

Seems to be a bit of a mess here, more reason IMO for the govt to take the matter in hand, if you're going to put the onus on people to be insured then you should guarantee a fair process.

From the IT

Thanks but that report/article is from August, 2016 so hardly last week.

I agree that government must take matter in hands as insurance cost rising seems out of any control, same as rents.

But what is a fair process re injury claims? The OP proved that compo culture is incredibly live and accepted here. 7k is an insult but 35k suddenly takes all pain away. One "bright spark" suggested 2M and OP quickly cheered - yay, why not, free money etc. which in combination with "out-of-touch" judges can actually happen.

Agree or not, but insurance company will in that case look how to recoup those 2M from somewhere and it will be you an me who will partially cover it from via insurance renewals. It's a business at the end of day. And as it seems, a lotto for OP.

bladespin

pcardin wrote: »

Thanks but that report/article is from August, 2016 so hardly last week.

Em, read the note in the edit, it's not the report.

pcardin wrote: »

I agree that government must take matter in hands as insurance cost rising seems out of any control, same as rents.

But what is a fair process re injury claims? The OP proved that compo culture is incredibly live and accepted here. 7k is an insult but 35k suddenly takes all pain away. One "bright spark" suggested 2M and OP quickly cheered - yay, why not, free money etc. which in combination with "out-of-touch" judges can actually happen.

Agree or not, but insurance company will in that case look how to recoup those 2M from somewhere and it will be you an me who will partially cover it from via insurance renewals. It's a business at the end of day. And as it seems, a lotto for OP.

Having spent some time in/around the system it's easy for the layman to see 'where' the problem lies, rewards in courts fair or not are large, once a case enters the court system costs explode exponentially as well, the simple answer is to keep these cases out of the court system via some mechanism that also ensures a fair outcome.

No point going through an injuries board if you're going to get 3 times as much in court.

Fair settlements are a matter of opinion, if someone's going to spent a considerable amount of time in pain or discomfort (in any way) they should be compensated, the courts have already lain down a messy but established structure for these amounts, that's what you have to work with.

Mouseslayer17

First call a solicitor,
THEN call for ambulance

Elemonator

I would have thought she should have spoken to a personal injuries solicitor ages ago.

ED E

You don't need a solicitor for the Injuries Board despite what solicitors will tell you.

pcardin

bladespin wrote: »

Fair settlements are a matter of opinion, if someone's going to spent a considerable amount of time in pain or discomfort (in any way) they should be compensated, the courts have already lain down a messy but established structure for these amounts, that's what you have to work with.

I agree that pain (genuine) should be compensated. But how to? Who sets the amount, how to measure that? At 7k pain is unbearable and even insult kicks in, at 22k it ease a bit, and 35k is what she wants. Why 35k?

Peregrinus

The compensation isn't just for pain and suffering. There may be medical costs and expenses, and according to the OP she hasn't been able to work, so a large element will be loss of earnings.

bladespin

pcardin wrote: »

I agree that pain (genuine) should be compensated. But how to? Who sets the amount, how to measure that? At 7k pain is unbearable and even insult kicks in, at 22k it ease a bit, and 35k is what she wants. Why 35k?

That may be the amount the injured party thinks will be enough, if it's not then go to court and it will decide, here lies the problem, to get to that there will be legal fees (both sides),court costs etc piled on to the cost of a settlement, and those boys charge by the minute.

goz83

It really is sad that so many people automatically jump on the band wagon and assume someone is just out to get a free meal. This is After Hours and the jokes and jibes are really poor form. The inevitable "insurance hikes" always comes into it, but it's been shown that claims have little effect on the price of premiums and the insurance companies just love to have people spin their sh!te for them. Nobody knows anything about the OP situation and yet, the usual tripe is thrown out there. At least some have been helpful.

ED E wrote: »

You don't need a solicitor for the Injuries Board despite what solicitors will tell you.

Correct. You also don't need a dentist to pull out a rotting tooth, but it's advisable to have a professional take care of anything even moderately complex when it comes to this type of stuff. Someone might think they are doing great to accept an offer of €10k for a sore back, but then it turns out the person needs spinal surgery and ongoing pain management....that 10k is long gone. A solicitor takes the scenic route most of the time and usually waits for injuries to resolve before settling a case, or even applying for the IB. A couple of years ago, an insurance company offered me 6k for my injuries a few weeks after the accident. In 3 years, I had spent 15k on medical expenses. Not that the insurance company gave a damn.

pcardin wrote: »

I agree that pain (genuine) should be compensated. But how to? Who sets the amount, how to measure that? At 7k pain is unbearable and even insult kicks in, at 22k it ease a bit, and 35k is what she wants. Why 35k?

It's difficult to put a monetary value on pain and suffering, as it is individual and subjective. The IB with the Book of Quantum and the Courts are the bodies who try to quantify these things. As someone who has recently settled a case, I can tell you that I would gladly hand every cent back to undo the pain I have gone through, but I won't get into my case here. What I will say is that some people look into similar cases and settle on a minimum figure they would be willing to accept. Sometimes that figure is way off, sometimes not. The legal people will guide you when it comes to the close. I knew what was realistic in my case and I settled a little below that figure in the name of speed and staying out of court.

Grolschevik

pcardin wrote: »

do you have a link to that report?

Cost of Insurance Working Group Report on the Cost of Motor Insurance:
http://www.finance.gov.ie/sites/default/files/170110%20Report%20on%20the%20Cost%20of%20Motor%20Insurance%202017.pdf

Thread on the topic: http://www.boards.ie/vbulletin/showthread.php?t=2057703483

Wheeliebin30

Grolschevik wrote: »

Cost of Insurance Working Group Report on the Cost of Motor Insurance:
http://www.finance.gov.ie/sites/default/files/170110%20Report%20on%20the%20Cost%20of%20Motor%20Insurance%202017.pdf

Thread on the topic: http://www.boards.ie/vbulletin/showthread.php?t=2057703483

Thanks that's exactly the one I was looking for here but couldn't find the thread!