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Title: Do I accept personal injury claim?

Date: 28 September 2011

Question

Do I accept the claim?

I was knocked off my Honda Innova 8 weeks ago. I was stationary behind a car waiting to turn right when a 4x4 drove in to the back of me. The bike was a write off and I have had soft tissue damage to my lower back, which still hurts now, and slight whiplash. The insurance company has appointed solicitors who have asked me to accept a personal injury claim of £1,300. I have had 6 sessions of physiotherapy, and been sent for a private medical. Do I accept the £1,300.

Littledawn, MCN Legal forum

Answer

You need to have a reliable prognosis before agreeing to settle your claim. Settlement is on a full and final basis. I think it sounds like some further physiotherapy (at the defendant's expense) is required. Speak to your solicitor about this although it is doubtful that you actually have a solicitor acting for you as insurance companies tend to instruct law firms (in return for payment) who then use non-qualified staff to keep the costs down. Anyway, don't be pressurised into settling but do ask your lawyers about the implications of failing to beat an offer later down the line (costs sanctions). If you were fully recovered then £1,300 for pain and suffering for 8 weeks would not be bad. You are not recovered and may not be for some time and you have to bear this in mind. It is early days and back and whiplash symptoms can last a long time.

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