Wednesday 31 August 2011

What happens if the other driver admits to and accident?


comercrawley



Your questions answered……


Question:  I was injured in a car accident last year.  The other driver admitted that the accident was his fault and his insurance company have recently made me an offer of settlement.  I have been dealing with the claim on my own and have not consulted a solicitor.  I am still suffering quite badly from the effects of the accident.  I am worried that the offer may not be enough if I continue to have problems in the future.

Answer:   You are right to be concerned about accepting the offer.  Personal injury claims are normally settled on a full and final basis which means that if you were to accept the offer, the likelihood would be that you would be prevented from claiming further compensation in the future.

It is therefore important to be satisfied that the amount of any settlement offer is sufficient to cover not only the pain and expense that you have suffered to date but also the ongoing problems and financial losses that you are likely to suffer in the future.

It will not be possible to make a proper assessment of the value of your claim until final medical evidence has been obtained.  This means obtaining a report (sometimes more than one is needed) from an independent medical expert detailing the injuries that you have suffered in the accident and stating what the long term prognosis is.  As well as knowing whether your ongoing symptoms are likely to be permanent, it is also important to know whether your symptoms may get worse.

As well as obtaining final medical evidence, it is also essential to have full details of all the financial losses and expenses suffered as a result of the injuries, both past and future.  This will include loss of earnings, pension loss, medical expenses, care costs and help with other tasks such as DIY.

The best advice is therefore for you to consult a specialist personal injury solicitor who will be able to give you specific advice about your claim and the settlement offer that the insurance company have recently made.  You do not need to be concerned about the payment of solicitors’ costs as the insurance company will pay your legal costs as well as your compensation.


If you have a question for our legal advice team you can submit it by email: enquiries@comercrawley.co.uk or in writing to:  Chancery House, Victoria Road, Diss, Norfolk IP22 4HZ.

No comments:

Post a Comment