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Old 13-04-2006, 08:30
welshcazza
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Hi,does anyone know the basic compensation for whiplash?,My hubby and i got hit from behind not so long ago,we were just ready to pull off when a car smacked into us doing roughly 25 mph,i went to the hospital just after the accident as i had a burning sensation in my neck but was told it was a normal whiplash injury,we have been to see the medical examiner this week and he said it will be roughly 6-9 months before we will be fully recovered ,i still have lower back ache and get more headaches than usual and was just wondering if anyone else on here has been in the same situation??
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Old 13-04-2006, 08:48
Ultrasonic
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As far as I know, the usual practice when someone claims whiplash is for the insurance company to pay two or three thousand pounds. It's very difficult to prove whiplash has not occurred and sadly there are a lot of people who take advantage of this these days (I'm not suggesting you are doing this by the way!)

A friend of mine had an accident which was his fault in June 2004. The other guy claimed whiplash. The case is still going on now. So it may be a while before you actually see any cash.
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Old 13-04-2006, 11:47
*Em*
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Usually around 2000 obviously this will very depending on the circumstances
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Old 13-04-2006, 11:51
Astaroth
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There are many different aspects to injurty claims but I am assuming that you are talking about the "pain, suffering and loss of aminities" (the general damages). For a single soft tissue injury for 6-9 months duration would typically be settled between 1100 to 1750. If it is considered you have multiple soft tissue injuries and the prognosis moves to the 9 month then 2k would be the top end.

On top of PSLA there may be things like loss of earnings etc.

It has been 2 years since I was actively involved in defending personal injury claims but I havent read anything about any significant inflation in PI claim settlements recently.

Of cause what most people find very annoying - whilst it doesnt effect your claim, your solicitor will be claiming in the region of 1,000 for getting you the money
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Old 13-04-2006, 12:57
nanamoan
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From a personal point of view, myself and my son were involved in an accident Nov 2004, we have both suffered bad whiplash, my son was taken to the hospital straight from the accident in an ambulance. We have both had physio treatment, I am on my second course and have been told that I will now have constant pain in my back and shoulder following the accident and accelerated in winter/ colder weather. My sons claim is going to court next month around 3k... mine is still ongoing .. dont hold your breath or book any exotic holidays in hope of a good payout. Lots of people now "claim" that they have whiplash for a quick payout of a lump sum but I think they have got wise to this now and there are a lot of forms and hospital & consultant visits involved in your claim. For me the pain is still bad and to be honest I am more concerned about getting that sorted than the money aspect now nearly 18 months on.
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Old 13-04-2006, 13:20
little billy
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Originally Posted by nanamoan
From a personal point of view, myself and my son were involved in an accident Nov 2004, we have both suffered bad whiplash, my son was taken to the hospital straight from the accident in an ambulance. We have both had physio treatment, I am on my second course and have been told that I will now have constant pain in my back and shoulder following the accident and accelerated in winter/ colder weather. My sons claim is going to court next month around 3k... mine is still ongoing .. dont hold your breath or book any exotic holidays in hope of a good payout. Lots of people now "claim" that they have whiplash for a quick payout of a lump sum but I think they have got wise to this now and there are a lot of forms and hospital & consultant visits involved in your claim. For me the pain is still bad and to be honest I am more concerned about getting that sorted than the money aspect now nearly 18 months on.
(((((((nanamoan)))))) i can symapthises (sp)
my partner was in an accident in Dec 2004, he was stuck in traffic on the A1 (stanionary), the driver behind didnt realise the traffic had stopped and hit my partner from behind at about 50/60mph. he was taken away in an abulance, had lots of physio, even tried accupunture(sp) but is still in constant pain, headaches, mood swings, the lot. his claim is still on going, having to see another consultant next month,
he was recently told his neck is out of line as a result of this accident (nice it took them two years to notice this) and he has trapped nerves etc, because of where it is they cant operate, and he will end up in a wheel chair!!
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Old 13-04-2006, 13:36
Astaroth
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Personal injury claims is a very emotive topic and certainly in my days of claims handling it was difficult to put a financial figure on compensation. What I found actually worse sometime was doing things which were legally (and probably morally) correct but still made me feel very "cold".

In the insurance company I worked in we had to report any claims where the reserve (how much we thought we would have to pay out) moved by more than 50,000 (due to new information etc) to head office. I was dealing with one very large claim with a young man who's original medical report stated would require 24/7 care for the rest of his life and was only just short of total brain death. We put an initial reserve against of a very high 6 figure amount and proceeded to monitor the case. After a couple of months we received a call from his solicitor (or his families to be more accurate) to say that his prognosis had worstened and he now wasnt expected to survive the week. This moved the case from having to pay for carers/ loss of earnings etc for 50+ years to paying a "death" claim which immediately ment that our reserve dropped to a 5 figure value and a report had to go in to tell them of the "good news". In this case death was cheaper than life.
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Old 13-04-2006, 14:43
nanamoan
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littebilly that is awful, we were the same hit from behind when stationary, thump into the car in front of us, which then went into the one in front of that as well ... the guy who hit us wouldnt give out his details and wanted to just go telling us where he worked!! That was when we called the police who we then had to chase to get the details. I too have tried acupunture as well as physio but now they tell me that I need to just accept that it will never be "normal" again, I cant lift any heavy shopping, take the hoover upstairs or stand around in the cold anymore .. the last consultant told me to "just accept this is how it is now" after giving me a lecturer on how so many people are false claiming and it is affecting the real claims ... people like me and your hubby amongst others are being questioned and put up with unnecessary prolonged analysis because of them, it makes me really cross and the solicitors are next to useless!
Wish your husband good luck!
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Old 13-04-2006, 15:07
CoolieEon
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From a different point of view. My son rang me earlier this week, he was rather upset. Back in Nov 2005 he went into the back of this bloke's car, doing approx 10 mph whilst crawling along in traffic. There was no damage to either car, he discribed it as a minor bump, and he heard nothing more from the bloke.

Now, 6 months later, the bloke has put in an insurance claim for whiplash injuries. Can anyone tell me if it is possible for the injury to "come out" months down the line or is it an instant thing.

I am rather inclined to believe that the bloke has been approached by the clip board wielding "been hurt in an accident and it wasn't your fault" brigade. Grrrr at them.

Any thoughts?
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Old 13-04-2006, 15:26
Astaroth
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It is possible to get a whiplash injury from a very slow speed accident - thought it is bad luck/ worth looking into to see if he had a preexisting condition which has been agrivated rather than a new injury.

Whiplash can take time to come out but not in terms of months. In this case though I think you will find that this has other forces at work causing the "delay" in your son becoming aware of it.

Some of the reasons may be:

1) Whiplash can take a while to come out
2) People often "see how it goes" before considering claiming
3) It could well be an ambulance chaser firm that have encouraged him to claim (for what he is entitled to)
4) Solicitors often want to gather evidence before sending their initial letter of claim - they are keen to get as much work done at the start to prevent the insurance company from "poaching" any of their lucrative work from them - if they refer the person to a physio for assessment they will get 1/2 hrs labour costs added (plus I would be surprised if they dont get some form of perk from the physio companies for making all the referals) where as if an insurance company is involved from the start the insurance company will often arrange the assessment themselves which stops the sols getting their 1/2hrs work (and any perks)
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Old 13-04-2006, 15:34
CoolieEon
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Astaroth]It is possible to get a whiplash injury from a very slow speed accident - thought it is bad luck/ worth looking into to see if he had a preexisting condition which has been agrivated rather than a new injury.

Whiplash can take time to come out but not in terms of months. In this case though I think you will find that this has other forces at work causing the "delay" in your son becoming aware of it.




That's very interesting. I shall pass your comments onto him. Thank you.


Edit. Made a right mess of the quote, soz.
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Old 13-04-2006, 16:03
Astaroth
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Your son's insurers will do all the work for him - even if he does have a pre-existing condition he would still be entitled to compensation but the amount is significantly reduced.
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Old 13-04-2006, 18:51
Rebel MC
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I got 2500 in 1999; took a year and 3 or 4 visits to a consultant (which the insurance company paid for).

Probably could have squeezed a bit more out of them (it was still causing me problems 2 years after the accident), but that seems to be about the going rate.
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Old 13-04-2006, 22:15
Bobdk
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Don't quote me but I believe it depends upon the circumstances of your individual accident. My (ex) wife got 6K in 1997. A bus showed her who was boss in a head on bash. The whiplash injury was real and lasted to some extent for a few years. The solicitor had another similar case to refer to and damages were based upon the similar circumstances.
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Old 14-04-2006, 10:40
Astaroth
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In the UK we do not have punative damages and therefore the circumstances of an RTA do not effect the amount of compensation for PSLA awarded. The solicitor will however use case law to argue what the damages should be based on previous claims where a person in similar personal circumstances has received similar injuries with a similar prognosis. At the same time the insurance company will defend the case my also quoting case law as above, though obviously where the injured party received a lower figure. It then becomes a debate on which clase most closely mirrors the one in hand.
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Old 17-11-2007, 00:51
eluf38
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In October I was involved in an RTA - two cars had collided and I couldn't avoid them. I only struck one van; but weeks later I got four letters from a legal company, saying I had struck the other car (which I hadn't - it was ten yards away from me!), saying I'd given the occupants whiplash and they were claiming compensation from me.It was a blatant, money-grabbing lie. What I can't understand is that the guy in the car (not the van that I hit) told me I wasn't at fault. The police agreed and I have photos to prove I didn't hit or shunt the car. It makes me SICK that there are people/companies greedy enough to lie and earn money through dishonesty. I have no doubt that insurance companies try to recoup some losses by claiming injuries - the same thing happened to my OH a few years back. I know there are people who do get whiplash; but after my false claim, I suspect anybody of being gold-diggers.
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Old 17-11-2007, 01:23
Rebel MC
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In October I was involved in an RTA - two cars had collided and I couldn't avoid them. I only struck one van; but weeks later I got four letters from a legal company, saying I had struck the other car (which I hadn't - it was ten yards away from me!), saying I'd given the occupants whiplash and they were claiming compensation from me.It was a blatant, money-grabbing lie. What I can't understand is that the guy in the car (not the van that I hit) told me I wasn't at fault. The police agreed and I have photos to prove I didn't hit or shunt the car. It makes me SICK that there are people/companies greedy enough to lie and earn money through dishonesty. I have no doubt that insurance companies try to recoup some losses by claiming injuries - the same thing happened to my OH a few years back. I know there are people who do get whiplash; but after my false claim, I suspect anybody of being gold-diggers.

I can't believe this thread has been bumped after all this time, but anyway.....................

Yes eluf38, you probably were at fault; if you piled into someone else's collision, you were either travelling too fast or too close; in the eyes of the law, it's usually last in, first to take the blame.
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Old 17-11-2007, 01:56
Magenta01
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This sort of thing really upsets me, yes, I know it's an emotive subject... but my mum was stationary when in a car, hit from behind and broke, yes broke her neck in two places (C2&3) due to a lovely man on his mobile phone not watching where he was going. She was in intensive care for some time and since the age of 48, has hardly been able to walk (gradually becoming more disabled). I claimed on her behalf and the t*at counterclaimed for a bruised knee. My mum could prove nothing due to a passenger being in the guilty car who might have used the phone. She got ziltch from the claims court, despite the accident not being her fault, the other party had his claim thrown out. She has been severely disabled and unable to even look after herself.

I sympathise with people with whiplash, but I hate the whole claims process as people with life altering problems which will never resolve never get the attention they should
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