PI claim

#1 2011-08-24 10:26:19
luaive

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2011-08-02

Posts: 11

PI claim

My paralegal called today said he had been given an offer from the insurers for 1,375 (have to admit that was much more than i expected, i have trapped nerve and had a bad neck which is cleared up now and lost a weeks work) which was based on 3-4 months recovery time, asked how i was and told him honestly i have good days then i do something and im in pain the rest of the day, he said he would refuse this offer and make an appointment for a medical which could take a few weeks (im already going to physio) and get them to check and give an accesment as to when recovery would be which i accepted, im just a tad worried that my injuries might be good that day or be better and then the insurers will offer considerably less because of this.

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#2 2011-08-24 11:37:59
Tony Carter

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2011-04-02

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If your medical problem is still ongoing, then your paralegal has done the right thing in refusing the offer made, which in any case does seem somewhat low.

Your compensation is based on the actual injuries you sustained, which includes a payment for pain and suffering and loss of capacity, the injuries themsleves and any ongoing difficulties.

The independent medical examination will provide a more detailed prognosis which will also help determine the longer term problems which again will help determine the value of your claim.

On top of this, you will also be compensated for your out of pocket expenses, loss of earnings and any other costs incurred, so the offer of Â?1375 does seem to be very much on the low side.

The insurers will not be able to offer less, if yor paralegal is half decent (bearing in mind that they are not qualified solicitors) then they should be pushing for a figure closer to Â?4,000 - Â?5,000, possibly even more if it is determined by the medical expert that you may have this problem for some time to come.

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#3 2011-08-24 15:15:03
luaive

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Thanks for your reply, yhea i know he's not a lawyer as such but i figure everyone has to get experience from somewhere, and so far its gone okay got that first offer (hence why its low, but im not desperate for the cash so im not gonna rush this) only a few days after i sent in the paperwork and he's been in regular contact with updates so im happy so far with him smile Glad to hear ive made the right decision i was just worried that with things clearing up slowly eg my neck that they might think recovery is sooner and lessen the compensation, ive also been getting shooting pains down my left hand, which has started to happen recently, same side as my bad shoulder so would really feel better getting assessed properly. I know someone who broke a rib among other things he got offered 2k took it and is still suffering 3 years later so im not making that mistake!

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#4 2011-08-24 15:34:06
luaive

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2011-08-02

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Also why would i be offered the compensation before having a medical?

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#5 2011-08-24 16:13:39
Tony Carter

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2011-04-02

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luaive wrote:

Also why would i be offered the compensation before having a medical?

Insurance companies will work on the basis that if they make an early offer before the medical reports have been done and the claimant accepts, they will probably have saved a packet as it will have been severely undervalued.

When an insurance company is notified of a claim, they will put aside an amount of money that they think is appropriate for that claim based on the injuries reported.

If they can settle under the amount put to one side, then the claims handlers will get a big pat on the back and possibly a bonus, if it goes over, then they have to start explaining why.

So, by making you an offer, (which some people would have accepted) they are hoping that if you accept then they have made a massive saving.

However, once you have had the independent medical examination, I am pretty confident that the next offer will be substantially more than what they have currently offered.

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#6 2011-08-24 19:17:51
luaive

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2011-08-02

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Ahh feeling slightly guilty now that im denying someone their bonus lol! Took the first offer for the car as that was what i had seen one's advertised at, wonder if they thought i would just grab the cash and be done, not this time! Thankyou you have been most helpful smile

Oh and have the examination in september so not too long to wait smile

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