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Personal Injury-Co asking me to propose Amount??

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  • 04-03-2008 10:02pm
    #1
    Closed Accounts Posts: 26


    Hi everyone,

    I had an accident a few months ago. A guy hit the back of me. His insurance paid for the car no prob. The accident investigator from his insurance company has been on to me quite regularly since. I had to have a couple of doctor appointments, medication etc for my neck/back, and a few physio appointments- (he hit me on the rear left side whle I was entering a roundabout so i was looking to my right-I genuinely injured myself). Anyway the insurance guy has suggested I "settle" - "if i wish to", I never mentioned compensation at all. I guess they dont want to be paying my medical bills or risk any future claims. He asked me to consider what my future costs would be and to propose a figure that I would settle with? How do I decide a figure? What should i do? Any advice appreciated.. Thanks in advance..:confused:


Comments

  • Moderators, Politics Moderators Posts: 39,750 Mod ✭✭✭✭Seth Brundle


    Get yourself a solicitor mate!
    They are pushing for closure and it sounds like you are not fully recovered!


  • Registered Users Posts: 7,673 ✭✭✭Trampas


    Sounds like Quinn Direct


  • Registered Users Posts: 1,867 ✭✭✭lorweld


    piab list a guide price for different injuries, but do get a solicitor.


  • Registered Users Posts: 2,361 ✭✭✭f22


    Had a similar accident some time ago and believe me you can very easily have longer term after affects. Stick with the physio and do exactly what the specialist says.

    And I agree with the others, get a solicitor if you've had complications.


  • Closed Accounts Posts: 26 kjk1981


    Trampas wrote: »
    Sounds like Quinn Direct

    Thanks for the replies guys. No its not Quinn Direct, its another leading insurance co.
    I am going to stick with the physio when i can fit it in, its an additional expense that i cant really afford though!
    In relation to the solicitor, I can ask for advice I guess. however im not interested in prolonging anything, its so much hassle so I think I'd like to settle?? Anyone any advice on a figure all the same??:(


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  • Registered Users Posts: 2,523 ✭✭✭Traumadoc


    You could go the PIAB route- you should be able to do it online. Lots of people do. But I would go to see a solicitor, there are so many variables in terms of Whiplash type injuries- time off work , pain, loss of hobbies , alternative transport needed, family stress, medication cost,etc etc Many things that you may not notice or be too embarassed - ( I recently had a person who tearfully admitted they were unable to have sex for 2 years following an accident because of severe back pain and the marriage was in trouble as a result)


    The other side would like you to settle quickly as they can not out of the kindness of their heart.


  • Closed Accounts Posts: 3,946 ✭✭✭BeardyGit


    6 months later I'm still having trouble with my back...

    If I were you, I'd make every effort to make sure this is taken care of properly by hiring a solicitor to handle it for you.

    Gil


  • Registered Users Posts: 1,526 ✭✭✭vengeance52


    def hire a solicitor that deals with personal injury to get advice, as they would give you a decent figure on what amount to give if you were to settle as they would have a good idea from previous experience.


  • Registered Users Posts: 7,010 ✭✭✭Barr


    Hiring a solicitor will not speed up anything , probably the opposite effect.

    Also every injury has to go through PIAB process if your looking to proceed ,

    The whole idea of PIAB is to cut out solicitor costs !!

    In fact it will cost you money if youu set a solicotor onboard as the PIAB settlement does not pay solicitor costs - this is paid by the applicant.


  • Registered Users Posts: 37,301 ✭✭✭✭the_syco


    Get a solicitor, or regret it in a years time, when your back still hurts, and you've no money in the bank.

    Settling it now, settles it for the other insurance company. It won't settle it for you, and it won't settle your back.


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  • Moderators, Politics Moderators Posts: 39,750 Mod ✭✭✭✭Seth Brundle


    Barr wrote: »
    Hiring a solicitor will not speed up anything , probably the opposite effect.

    Also every injury has to go through PIAB process if your looking to proceed ,

    The whole idea of PIAB is to cut out solicitor costs !!

    In fact it will cost you money if youu set a solicotor onboard as the PIAB settlement does not pay solicitor costs - this is paid by the applicant.
    Correct. However, the OP has already made a claim with the insurance company so legal advice is advised, especially given that they are encouraging a settlement and it appears that the OP may not be better for a long time.
    @ kjk1981 - talke a look at these two links:
    www.piab.ie
    www.citizensinformation.ie/categories/justice/civil-law/personal_injuries_assessment_board


  • Registered Users Posts: 7,010 ✭✭✭Barr


    kbannon wrote: »
    Correct. However, the OP has already made a claim with the insurance company so legal advice is advised, especially given that they are encouraging a settlement and it appears that the OP may not be better for a long time.
    @ kjk1981 - talke a look at these two links:
    www.piab.ie
    www.citizensinformation.ie/categories/justice/civil-law/personal_injuries_assessment_board

    The only thing employing a solicitor will do at this stage is tell the op to go the PIAB route help him fill out the PIAB forms . It is when the PIAB award is rejected ,then it is necessay to employ a solicitor as the case will go to litigation.

    A claiment has two years in which to make a personal injury claim .. people seem to think that the insurance company are tryin g to settle to get out of paying future medical bids .

    The whole idea of the settlement is to take into account any future treatment/problems the exact same way PIAB would infer this into their award .


  • Closed Accounts Posts: 194 ✭✭lizzyd66


    Check out the small print on your car insurance policy too - I know with Hibernian if you pay an extra premium they give you this :

    Legal expenses
    Legal issues can be confusing and off-putting. Our legal expenses cover gives you a number of useful services to help you with any legal questions you may have. With this cover you have access to a legal advice helpline you can use to get advice on any personal legal matter, no matter how big or small. The helpline advice is free and is strictly confidential between you and your legal advisor. Legal expenses cover also provides you with a legal advisor if you need to defend a motoring prosecution. This will give you peace of mind without the worry of legal costs. Finally, Legal expensesLegal issues can be confusing and off-putting. Our legal expenses cover gives you a number of useful services to help you with any legal questions you may have. With this cover you have access to a legal advice helpline you can use to get advice on any personal legal matter, no matter how big or small. The helpline advice is free and is strictly confidential between you and your legal advisor. Legal expenses cover also provides you with a legal advisor if you need to defend a motoring prosecution. This will give you peace of mind without the worry of legal costs. Finally, this optional benefit covers you for professional costs and expenses which may arise if you want to make a claim following a motor accident. You will have access to highly-qualified professionals who will be available to give you the best advice on making a claim.


    I would beg or borrow the money if needed to see a solictor - while you don't want to drag it out or go to court , you don't want to be out of pocket health wise for the accident which wasn't your fault.


  • Registered Users Posts: 1,160 ✭✭✭De Hipster


    Get yourself a solicitor.

    The insurance company are not offering you the opportunity to assess your own injury costs because they think you will be accurate & fair but because if they wave money at you in a rushed manner they figure you'll take it & not completely assess costs, i.e. SAVE them a fortune.

    I am currently in the process of of a PI claim, the offending insurance company initially told me I would get nothing from them, stalled the payment process for the vehicle which was written off & refused to consider any further costs. Only when my solicitor pushed them did they start to throw numbers at me, suggesting they were being generous.

    Two+ years on I am still attending consultants, have bills for a number of MRI scans & various consultants fees, medication, approximately €1500 per year on physiotherapy, not to mention personal discomfort, continuing loss of sleep, loss of leisure activities (motorsport has had to go completely).

    The PIAB assessment offer ultimately almost doubled the initial offer the insurance company made, unfortunately without a long term prognosis & the possibility of further lengthy & expensive consultations & treatments I am not even in a position to consider that offer.

    Moral of the story is...the insurance company DO NOT have your interest in mind, they would like you to disappear at as little expense to them as possible so as not to dent their profit margins. It will not matter to them that you are still paying for treatments 10, 15, 20 or 25 years down the line.

    Consider the whole picture and move forward with caution.


  • Registered Users Posts: 10,210 ✭✭✭✭JohnCleary


    Why isin't PIAB handling this? Did the person who injured you deny it or something? If the person who injured you accepts liability its a PIAB issue I thought?


  • Registered Users Posts: 1,160 ✭✭✭De Hipster


    Insurance companies are not big fans of the PIAB and are unlikely to point claimants in that direction if they think they can cheaply settle first.


  • Closed Accounts Posts: 26 kjk1981


    Thanks for the advice everyone. I contacted my solicitor, he said that it would have to be dealt with by PIAB alright. He did offer his services if I have any difficulty with them. Basically my options are to settle now or to go through PIAB. Decisions... :confused::confused::confused:


  • Moderators, Politics Moderators Posts: 39,750 Mod ✭✭✭✭Seth Brundle


    kjk1981 wrote: »
    Decisions... :confused::confused::confused:
    I do hope you are joking there!


  • Registered Users Posts: 65,414 ✭✭✭✭unkel
    Chauffe, Marcel, chauffe!


    kjk1981 wrote: »
    Basically my options are to settle now or to go through PIAB

    There's only one reason the insurance company wants to settle with you now. It's to prevent you to go through PIAB because it is going to cost them more


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