UK car accident solicitor explains what you should do if you are involved in a car accident causing whiplash injuries to you and your children and an offer of settlement is made by the driver’s at fault motor insurer before a medical report has been obtained
Rear End Shunt Car Accident Victim Question
I was driving with my two children in my car in Bournemouth on the way to Poole. We stopped at a mini roundabout as a lorry was on the roundabout.
All of a sudden our car was thrown forward – we had been rear ended by a Mitsubishi Shogan. My car is far smaller – a Renault Megane.
My car was badly damaged, but the Shogan driver was very helpful and gave all his details including his motor insurer and apologised for his driving error. He had using his mobile so he was distracted.
A few hours after the accident – I noticed a pain in my neck as did my children. We went to hospital and my two children and we were all diagnosed with whiplash neck injuries.
A couple of days after the accident the other driver’s motor insurer telephone me and offer compensation for our injuries of £1000 each without the need to get a medical report.
I am interested to find out if the settlement they offered me without a medical of £1000 is enough -
I do not believe it is and want to know how much it could be for our whiplash injuries?
Road Traffic Accident Solicitor Response
The amount of compensation you can claim for whiplash can only be accurately determined by a solicitor obtaining a medical report on your behalf from an independent medical expert properly instructed.
This expert will give a description of your injuries after careful examination and provide a prognosis – an estimate of how long it will take for you to recover.
If this estimate shows whiplash of for example a year – your claim will be worth in the region of £2500 – if longer than much more compensation.
You and your children must be examined to ensure your injuries are not more serious – such as a cracked spinal vertebra.
You should use a solicitor to claim, as in addition to compensation your legal costs can be claimed – this is the reason the insurer is offering you compensation before obtaining a medical report.
The insurer is attempting to save money, pay you as little as possible and avoid paying legal costs.
You might decide that you wish to accept the offer for yourself, but you cannot do this for your children. The court must be involved to authorise settlement of their claim and the court will not allow this without a medical report and without a court hearing in which medical evidence is considered, the case law checked to ensure a sufficient sum is awarded and any settlement monies will then be retained in the courts fund office until your children reach the age of 18 years.
To commence a claim for whiplash for both you and your children or to discuss your claim free of charge with me in person click car accident claim settlement pre medical.