‘Many accident victims are relieved that the insurance company is admitting liability without a lengthy legal battle, and it can be tempting to accept the offer,’ says Claire Simon, a Solicitor in the personal injury team with QualitySolicitors Parkinson Wright. ‘However, insurers do this to try and save money because, at this early stage, you will almost certainly be accepting an offer before realising the full extent of your injuries or the effect they will have on your life and finances.’
‘You do not have to accept the initial offer,’ Claire continues. ‘In fact, it would be folly to do so without taking full stock of your situation and future needs. It is also highly advisable to obtain legal advice before accepting any offer. According to Financial Services Authority research, personal injury victims who turned down an insurer’s original offer and sought legal advice from a solicitor got three times more compensation on average.’
So, for example, if you are a cyclist who was knocked off your bike by a careless driver and you are offered £2,000 by the insurance company by way of compensation, you might initially think this is a good deal and accept it before getting legal advice or even a proper medical check-up.
However, once you accept the offer the case is closed and cannot be reopened, even if (as is often the case) it turns out your injuries are more serious than you initially thought. If you have to take months off work to recuperate, the compensation you received is unlikely to cover the cost of your medical bills and loss of earnings, or the cost of looking after your family while you are out of action. You could be left severely out of pocket.
Issues to consider when contacted by an insurer
You usually have three years to make a claim for personal injury compensation, so do not be pressured into accepting any offer the insurer makes. If the insurer contacts you, by all means listen to what they have to say, but tell them you want to think about it and get legal advice.
It is never wise to accept any offer until you have been seen by a medical expert who can assess the extent of your injuries and the impact they may have on your life. So, if the insurer tries to press you to accept an offer on what they call a ‘pre-medical basis’ – i.e., without you having taken medical advice – stand firm and insist you need time to consider your position.
The insurer may urge you to consult a lawyer arranged by them, but you are under no obligation to do this. It is far better to seek advice from a specialist personal injury solicitor who is independent, has no potential conflicts of interest, and only has your best interests at heart. They will also be well versed in dealing with insurance companies who just want to get the case settled as quickly and cheaply as possible.
Do not sign anything the insurer gives you without giving it careful consideration and preferably having it checked over by a solicitor.
How our solicitors can help
A specialist personal injury solicitor can take away much of the stress involved in bringing your personal injury claim, including helping you to gather all the evidence you need to support your claim. This would include referring you to a medical expert who will produce a report on your condition and prognosis, which will be an important factor in helping your solicitor to maximise the amount of compensation you receive.
Once all the evidence is gathered – enabling your solicitor to negotiate with the insurers from a position of strength – they will strive to win you a settlement designed to compensate you for all your losses. This will cover things like:
- pain and suffering – mental and physical;
- loss of amenity – lifestyle changes you have had to make as a result of your injuries, such as being unable to play sport;
- medical costs – such as medical treatment and physiotherapy;
- home care costs – if you need someone to look after you while you recuperate;
- loss of earnings – if you have to take time off work to recover;
- loss of income – for example, if you miss out on a bonus because you have had to take so much time off work due to your injuries;
- travel costs – to hospital or medical appointments; and
- alteration costs – if you need to make adaptations to your home or vehicle because of your injury.
Insurers are generally keen to avoid the time and expense involved in a case going to court, and a skilled legal negotiator is almost certain to produce a much-improved out-of-court settlement for you than the one you were initially offered by the insurer.
If your solicitor cannot obtain the out-of-court settlement that they feel you deserve, bearing in mind the severity of your injuries and all the costs you have had to incur as a result of them, they will not be afraid to take the matter to court.
They will prepare your case in as robust a manner as possible, handle all the required paperwork, make you aware of any relevant time limits and deadlines and be by your side to advise you and speak on your behalf in court.
Why choose us?
Our solicitors are adept at recognising and combatting any of the tricks insurers might employ to try to minimise your settlement, and have vast experience of taking on insurers and winning the best possible compensation package for clients injured in a road traffic accident.
They will be there to answer any questions you have throughout the claim process. If the insurers are dragging their feet on agreeing a compensation package, leaving you financially struggling, they may be able to secure an interim payment to tide you over until the settlement is finalised.
We can discuss funding options with you.
For further information, please contact Claire Simon or a member of the civil litigation team on 01905 721600 or via email worcester@parkinsonwright.co.uk