Car Accident

vmware

recently been involved in a car accident, my car was written off. I have been getting physio, and been to consultants for back pain and neck injuries. The guy who hit me has claimed responsibility and his insurance company are onto to me to settle and to deal direct with them, rather than PIAB or a solicitor

Pros and cons of dealing direct ?

Stanford

There are no pros to dealing direct, if you want insurance in the future you will have to declare the accident.,

vmware

the accident is declared, the Guards were called and insurance companies both mine and his are aware of this accident.

its his insuracne company want to settle direct with me

https://www.boards.ie/discussion/comment/117755256#Comment_117755256

That's terrible advice. Yes, an accident will have to be declared in future disclosures...... but the OP is asking about a " no fault" accident.

OP..... there are many Pro's to dealing direct.....

Speed of claim.

No/ zero outlay on your behalf.

You do away with the " risk" element that exists with the taking on of any legal action......... even at the eventual completion of a successful case ( say 2yrs) you've no exact figure €€€€€€ what the outcome will be.......this approach puts you in the driving seat

mosii

Would you be better just to get a bit of legal advice ,cover yourself,You dont know what they might do in a few months,just my humble 2 pence worth.

Mrcaramelchoc

They say you'll get the same amount with piab as with going through a solicitor. Personally i find that hard to believe. Whichever is quickest. Going through a solicitor will take minimum 3 years.

https://www.boards.ie/discussion/comment/117755399#Comment_117755399

It not hard to believe really........ there's a big element of " gambling" no matter which approach you take. Going down the PIAB / or / litigation route is a 2 ( possibly 3) yr delay while you're on the hook for all outlays / medical/ car replacement €€€€. The vast majority of these type claims ARE sorted at source....it can be most beneficial for all concerned. Obviously, the long term medical prognosis is paramount & you need to be very aware of statute of limitations

Jim2007

https://www.boards.ie/discussion/2058204038/car-accident

A lot depends on your profile. Have you any experience of negotiations of this type of thing, an understanding of the law etc… if you have no experience of dealing with anything like this before, then get some legal advice to start with.

Muas Tenek

Talk to a loss assessor - they will get you the best outcome.

The insurance company will use a loss adjuster to minimize cost to the company.

Your assessor will work on your behalf and try to maximize your settlement.

The assessor will charge a small percentage of your settlement so it is in their interest to work hard for you.

vmware

I have the car sorted out and recieved a cheque from them,

Eggs For Dinner

Let the insurers make you an offer. If you don't like it, go down the PIAB route, with or without a solicitor

seagull

Was the cheque just to cover the car, or to cover medical costs? You need to get a long term prognosis and estimate of costs before settling with the insurance company.

hullaballoo

Sounds like that's that then from your perspective OP if you've taken a cheque.

Most of the time soft tissue injuries will resolve over time and hopefully the cheque is adequate to cover those expenses. If not, nothing you can do if you've taken settlement.

BattleCorp

If I was in the OP's shoes I'd speak to a solicitor. The OP needs a medical report to determine the severity/prognosis of the injury before they can even think about accepting a settlement offer from the insurance company. The medical report will help enable the solicitor to estimate where the injury sits in the Personal Injury Guidelines/Book of Quantum. If the figure offered by the insurance company was too far short of that, then there is always the option to go to PIAB (once you don't go over the allotted timeframe). If the PIAB award isn't what is expected, then there's the option to go to court.

Pros of dealing direct - It's much quicker and you have very little outlay.

Cons of dealing direct - You probably won't know if you are being screwed by the insurance company if you don't have adequate advice. Your injury could be worth a lot more than they offer you. Plus you mightn't have good negotiating skills and end up taking a very low offer.

If you are 100% in the right when it comes to the accident, the insurance company won't want to go to court as they know they will struggle to win it or get a good economic result for themselves. A solicitor might be able to negotiate a better settlement for you under those circumstances.

Are you 100% sure the settlement you already agreed is only in relation to the vehicle - and doesn't also cover your personal injury?

BattleCorp

https://www.boards.ie/discussion/comment/117805245#Comment_117805245

I've seen a few cases where the insurance company have paid compensation for a damaged car and kept the personal injury end of things separate. Hopefully that's what is happening in the OP's case.

Sono

Deal direct and you don’t have to pay at least €1500 to a solicitor in 2/3 years time. If you wish to go through PIAB you don’t need a solicitor. A lot of solicitors will reject PIAB award regardless

BattleCorp

https://www.boards.ie/discussion/comment/117806607#Comment_117806607

I'm not trying to give the OP unrealistic expectations here but the €1500 could be money very well spent if the solicitor is able to negotiate a much better financial outcome for the Plaintiff, e.g. without the proper professional advice the OP might not realise the true value of the injury and might end up accepting an offer that is tens of thousands less than they should have been getting.

By the way, rejecting the PIAB award isn't something that the solicitor gets to decide on, only the Plaintiff can do that. The solicitor can advise their client to reject it but they can't decide to do that without consulting their client.

I deal with personal injury claims regularly for my employer and I can only remember one time where a solicitor wasn't involved in the PIAB paperwork. There's a reason for that. People tend to get better settlements when they are adequately advised and represented. Not having a solicitor could be a case of being 'penny wise and pound foolish'.

hullaballoo

It would be an exceptionally reckless way to run a business if a solicitor rejects PIAB assessments as a matter of course but sure let's just ignore that and get on with the lawyer bashing.