Car accident with minor injury - should I claim?

eirl9542

Hi,

First post, please delete if not allowed. Sorry if a bit long, first few paragraphs give background, questions towards the end.

I was rear ended approx 2/3 weeks ago, and pretty much the entire rear of my car needs replacing, so it wasn't a minor collision. After staying in work for an hour or 2 I went to A & E with pain in my neck and back, and some minor tingling in my right arm. I was told I had soft tissue damage and missed a few days work over the injury. The other parties insurer has accepted liability.

Started going to physio, was told there was a lot of spasming in my neck and back. The pain in my neck disappeared after 2 or 3 days but is still stiff today. The pain in my back worsened over the first week, to the point where I couldn't sit more than 20 minutes at a time before it got too painful.

I no longer have pain in my back, but it still quite stiff and affects my movement and reduces my productivity in work. I can feel the stiffness in my back now while writing this. I spend quite a lot of time in a lab, and am afraid to spend any significant amount of leaning over a bench/microscope because of the strain on my back. My physio has also strongly advised against any work like this. Any extended periods of sitting does result in a dull pain in my lower back.

I also train in a gym quite frequently, between 4-6 times a week, and have been for the past 7/8 years. I'd like to think from my experience I know if something is not right in with my body/muscles, and at the moment I do not feel confident in any way that I could return to my regular gym routine without injuring myself. My physio has told me to return to the gym to rehabilitate it, which will require weeks of stretching / dynamic stretching / body weight exercises to restore strength and proper function of my back muscles. IMO it will probably be at least 2 or 3 months before I can fully return to my normal gym routine, lifting the same weights I did before this accident.

What I'm wondering is it unreasonable for me to claim for personal injury? I don't want to be unreasonable and take advantage of the system, which I know unfortunately is a big issue at the moment and is driving up premiums for all drivers. Although I'm no longer feeling pain from the accident, it clearly did cause some damage and is having a lingering effect on my work and personal life, as well as lifestyle. The lifestyle aspect is probably the most significant for me, as going to the gym is a hobby I really enjoy, and I also find it a good way of winding down after work.

My personality doesn't really help in this situation either, as I can be quite accommodating and would probably accept whatever the insurance company told me, which is why I'm consulting this board for a second opinion. Like I said, I don't want to be unreasonable and take advantage of the system, but I don't want to be walked all over by the insurers.

I would really appreciate any feedback/suggestions. Thanks.

callaway92

Asking for legal advice would be a no-no.

Only you know yourself

Samuel T. Cogley

If you're genuinely injured then claim for your damages. Rear ending people is generally avoidable and you shouldn't be at a loss due to someone else's negligence.

Eggs For Dinner

If you are injured, you should claim for your loss. What is reasonable compensation is for you to decide and how far/long you want to take it

NUTLEY BOY

On the general principles raised there seems to be no good reason not to lodge a claim.

This sort of issue is one for which the system provides for redress.

brian_t

eirl9542 wrote: »

My personality doesn't really help in this situation either, as I can be quite accommodating and would probably accept whatever the insurance company told me, which is why I'm consulting this board for a second opinion. Like I said, I don't want to be unreasonable and take advantage of the system, but I don't want to be walked all over by the insurers.

You might be better off getting a lawyer to act for you.

airy fairy

Although you say you're not in pain, you are out of pocket, not car wise, but injury wise, paying out for physio isn't cheap.
Only you know, and can tell if your financially out of pocket because of this
There's no harm ringing your insurer and asking for advice, especially if you are covered for legal fees in your policy. They could talk you through the process and then make a more informed decision.

you train 5-6 times a week lifting weights etc and have done for many years, so you'd be fairly fit. you're asking advice without even giving us your age, build and so on. sounds to me like you're almost willing on an injury and are over thinking it which can actually cause spasm, pure stress. Physio's can say you're in spasm alright but without seeing you before, how do they know you were not always in spasm. my advice is go back to training as normal, if you damaged yourself, you wouldn't have this coming and going of stiffness etc. I was in a few crashes, minor ones and felt fine. Anytime somebody told me I should be hurt, id start getting stiffness in my shoulder blades which I'd never have and I'd feel sore sitting etc. just sayin….

soups05

I will say that this is just my own personal experience, I was rear ended a while back. The solicitor I was dealing with for another matter persuaded me to claim despite the fact that I had no details from the other driver. I was in pain for about two weeks, felt better, then back locked up over xmas, accident happened in late oct.
I could not go to physio as I had college to attend but i got some great exercises from the internet and made a full recovery.

That was 5 years ago, the solicitor said she is expecting an offer today of around 3 grand as I made a fast recovery. She said that 30th April and still not heard anything back from her. So two points:

1) get a solicitor who will ot ignore your calls, texts and emails for a solid year.

2) despite what the papers say, do not expect a huge amount very quickly. these things can drag on and on and result in low offers.

Only you can decide if it's worth the hassle for the pain you suffered. I personally will never put myself through this BS again unless I lose a limb or something.

Mad_maxx

Soft tissue damage is potentially quite complex and may cause lasting pain, you're injury may not be minor at all.

Why should you be stoic here?