Injurys Board Compensation V Insurance Company payout

Aisling87

Hi,

Anyone any insight into compensation payouts from Injuries Board versus Insurance company?

I recently made a claim with the injuries board and subsequently received letter from the respondents insurance company with a offer of compensation.

I am wondering whether to hold out for the injuries board or do insurance companies generally give out higher payouts?

Thanks in advance

Bepolite

Common sense would dictate they don't give out higher payments, perhaps payments with less risk and hassle however.

A solicitor would be best placed to advise you, engaging one need not be expensive and it's likely the insurance company will want you to engage one if you are accepting their offer.

Aisling87

Its just very hard to know what to do. I have never been in a position before where I have had to make a claim

kennM

Aisling87 wrote: »

Hi,

Anyone any insight into compensation payouts from Injuries Board versus Insurance company?

I recently made a claim with the injuries board and subsequently received letter from the respondents insurance company with a offer of compensation.

I am wondering whether to hold out for the injuries board or do insurance companies generally give out higher payouts?

Thanks in advance

I'd be sceptical... I've gone through the process end to end. I don't recall seeing generosity, empathy, compassion, etc. on claims handlers job descriptions. The insurance company have one objective, and one objective ALWAYS.... go get out of a claim as cost effectively/cheaply as possible.

One piece of advice I'd give you. Don't settle anything until you are 100% recovered or there is 100% clarity on your long term prognosis.

There are many factors at play really. Settle now is less hassle and waiting. Will you get more if you wait? I'd say on the balance of probabilities it'd be likely. A solicitor is going to be best positioned to advise you on what a fair settlement would be. In my case the first offer from the insurance company was a low ball offer by a long way.... ended up at more than double it in the end.

Aisling87

Many thanks for your reply. Did you end up getting a better payout from injuries board than the insurance company?

kennM

Aisling87 wrote: »

Many thanks for your reply. Did you end up getting a better payout from injuries board than the insurance company?

My case was slightly different. Injuries board didn't propose settlement figure and pushed onto court.

I can't base an opinion on anything other than anecdotal stories... I would strongly suspect injuries board are going to suggest a higher figure than an insurance company will offer at the outset. It all depends on your priorities, the complexity of the injuries, the severity of the injuries.... etc.

Aisling87

Thank you for your prompt response

Pro Hoc Vice

Aisling87 wrote: »

Many thanks for your reply. Did you end up getting a better payout from injuries board than the insurance company?

Just to clarify the injuries board do not make any payout all they do is value the claim on the basis that liability is not an issue. The insurance company can either agree with that assessment or not, if not then a plaintiff will have no other option but to issue legal proceedings.

A plaintiff can if they decide, deal with the total case themselves, but then they take a risk that the insurance company who deal with thousands of these cases and have a large amount of knowledge will be at a huge advantage.

goz83

What is the nature and circumstances of the injury? The injuries board will take your injury, as well the impact it has on your life. For example, if you are an office worker and broke your leg in a car accident and had to be off work for 8 weeks, losing pay, you would be likely compensated for the pain, medical costs, special damages (loss of salary, taxis etc).

If you change the above example to say....professional gymnast, the whole formula changes. Your entire career could be over. You would not be able to return to work within 8 weeks and probably never could, depending on many factors. Your special damages would increase significantly.

Speak to a solicitor you can trust.

V.W.L 11

looking for opinions (not legal advice) here,was in an accident recently,injured my back,literally my entire back,bottom half is a pre existing injury from an accident a decade ago,top half was caused by this,its made a bad situation a living nightmare,the company responsible is a state owned company,is it even worth my while seeking damages???

goz83

V.W.L 11 wrote: »

looking for opinions (not legal advice) here,was in an accident recently,injured my back,literally my entire back,bottom half is a pre existing injury from an accident a decade ago,top half was caused by this,its made a bad situation a living nightmare,the company responsible is a state owned company,is it even worth my while seeking damages???

I don't see why not. If you were injured and especially if there has been a financial impact. Although it can be a tedious process. I would only claim if I was put out financially, or if the injury itself was significant. Sate, or private would not make an iota of a difference. The council, for example would receive many claims per year.

V.W.L 11

goz83 wrote: »

I don't see why not. If you were injured and especially if there has been a financial impact. Although it can be a tedious process. I would only claim if I was put out financially, or if the injury itself was significant. Sate, or private would not make an iota of a difference. The council, for example would receive many claims per year.

it has put me out in more ways than financially,especially when it comes to the kids,i can just about get about on pain killers,the restricted movement is crazy though,i really would not wish it on anybody,last time I went through the process the injuries board just passed it to the courts,(P.I.A.B back then) I just want the wrongs put right as much as possible and to get on with my life,i'm not looking to drag it out but in actual fact the opposite,i want it dealt with swiftly.the other side have already conceded they were at fault although I haven't done anything about this on an official line as yet

kennM

V.W.L 11 wrote: »

looking for opinions (not legal advice) here,was in an accident recently,injured my back,literally my entire back,bottom half is a pre existing injury from an accident a decade ago,top half was caused by this,its made a bad situation a living nightmare,the company responsible is a state owned company,is it even worth my while seeking damages???

When you say "company responsible".... ultimately there needs to be proven liability, if that's the case .... like others have said it wouldn't matter if its public/private company. Compensation is there to try and put things right.... as much as possible. For the overwhelming majority of people I would speculate plaintiffs would prefer the injury never happened in the first place!

goz83

V.W.L 11 wrote: »

it has put me out in more ways than financially,especially when it comes to the kids,i can just about get about on pain killers,the restricted movement is crazy though,i really would not wish it on anybody,last time I went through the process the injuries board just passed it to the courts,(P.I.A.B back then) I just want the wrongs put right as much as possible and to get on with my life,i'm not looking to drag it out but in actual fact the opposite,i want it dealt with swiftly.the other side have already conceded they were at fault although I haven't done anything about this on an official line as yet

What wrongs are you seeking to have put right?

I too am in agony after a recent RTA and I am on a waiting list for spinal surgery. I haven't been able to drive for 2 months (ironically I renewed my motor insurance today, so I wouldn't lose my NCB). I can't lift my kids. Walking more than a hundred metes causes excruciating pain. Medication does nothing. I have an idea of what you're going through.

You don't need to seek justification for claiming. If you were injured and it was not your fault, there is nothing wrong with making a claim. No amount of money can make it right when you can't enjoy being with your family.

V.W.L 11

kennM wrote: »

When you say "company responsible".... ultimately there needs to be proven liability, if that's the case .... like others have said it wouldn't matter if its public/private company. Compensation is there to try and put things right.... as much as possible. For the overwhelming majority of people I would speculate plaintiffs would prefer the injury never happened in the first place!

the driver of the other vehicle accepted fault for the accident,but I do understand what you are saying,i just want the process over asap but at the same time it has affected me physically and is beginning to impact mentally with the restrictions in what I can do,to be honest I would rather be stone broke and injury free than loaded with a lasting injury,its true what they say your health really is your wealth

V.W.L 11

goz83 wrote: »

What wrongs are you seeking to have put right?

I too am in agony after a recent RTA and I am on a waiting list for spinal surgery. I haven't been able to drive for 2 months (ironically I renewed my motor insurance today, so I wouldn't lose my NCB). I can't lift my kids. Walking more than a hundred metes causes excruciating pain. Medication does nothing. I have an idea of what you're going through.

You don't need to seek justification for claiming. If you were injured and it was not your fault, there is nothing wrong with making a claim. No amount of money can make it right when you can't enjoy being with your family.

I too cannot lift my kids,i can walk but have to stop after a short distance to ease the pain then carry on,as for driving I can just about do it,getting into/out of the car is tough though,the wife has only just started to learn how to drive so lucky she des it as most of the time i'm too drowsy from medication to do so,but I actually have a fear of going near big vehicles now whereas I never did before,i even hold licences for the same vehicles and haulage/passenger transport WAS my chosen career,thats over now anyway,the accident a had in the mid 2000's was bad also but I was able to adapt my lifestyle to cope with the injuries then,but by god my back is the last injury I would wish on anyone. :mad: