Serious poll- compensation

[Commander]

My little sister was involved in an accident last year. A school minibus crashed into the back of her Peugeot 205 while she was stationary and waiting to turn right at a junction, sending her spinning around in the road and basically smashing her nose to bits. There were no skid marks from the minibus- the driver didn't break at all before he hit her, so he obviously wasn't concentrating (I reckon he was texting, but that's just my view).

The car was written off and she was rushed to hospital and had surgery to have her nose rebulit. She's a pretty 20 year old but now has a very noticable scar on her face, and her nose is not straight anymore. It is a lot better than it was as the swelling has gone down a lot (although still not anywhere near fully) but it is still the first thing a lot of people notice when they meet her. She also has a genuine fear of sitting at junctions and is constantly checking behind her to make sure someone isn't going to smash into her again. It has definitely affected her personality, and she often ends up in tears after any minor close shaves in a car.

Anyway, she has just been offered £7000 compensation from the insurance company. She still doesn't know whether she is going to need another operation or not, she will have to wait probably until next year to find out.

Should she take it, or go to court and hold out for more?

What do you think, NSC?

 

[Common as Mook]

Accept it. Is she eligible for legal aid?

 

[Fourteenth Eye]

Its a very tough one to call. Im inclined to say hold out for more. However i have to ask is the compensation coming from the insurance company, the third party or a legal expenses company

 

[Commander]

Its a very tough one to call. Im inclined to say hold out for more. However i have to ask is the compensation coming from the insurance company, the third party or a legal expenses company

The insurance company, I think.

 

[Commander]

Accept it. Is she eligible for legal aid?

Yes, I think so.

Personally I think she should decline. One of my mates got £5000 for a very minor 4mph collision. His 'injuries' were nothing compared to what she has been through. I'm not one for the whole sueing culture usually, but due to the nature of what happened I reckon she should go for everything she can get.

Plus, I was the one who persuaded her to go down this route, and I want a big present

 

[Commander]

Hmmm 5 for each. No help here then?

 

[hans kraay fan club]

When you say 'no skid marks', is that your observation or is that an accepted fact [on the police report, etc]?

If she declines their offer and makes it clear she is prepared to drag this through court they WILL come back with an inproved offer. I would take the first offer over £12k.

 

[Commander]

When you say 'no skid marks', is that your observation or is that an accepted fact [on the police report, etc]?

If she declines their offer and makes it clear she is prepared to drag this through court they WILL come back with an inproved offer. I would take the first offer over £12k.

I'm not 100% sure as I was actually sitting on a beach in Fiji at the time, but I think this is accepted fact.

 

[Chicken Run]

I settled out of court via three rejections a few years back

 

[Rookie]

decline the offer go to court, will get alot more than 7k especially is another operation is needed.
Go see a good personal injury solicitor not some no win no fee dodgy place, who will be able to give advice

 

[Starry]

Paddy was rear ended in a very similar accident to your sister about three years ago. He fractured his jaw on both sides (kept him quiet for a good while) and broke his collar bone, had a couple operations, his car was written off etc.

He was offered just under £6k from the insurance company but declined that and it was going to court but he settled beforehand for well over twice the original offer.

I'd say decline, £7k doesn't sound like much at all for what she has been through.

 

[supaseagull]

I used to work in Motor Claims and Personal Injury and £7k IS WAY TOO LOW! The insurers are just testing the ground.

Bear in mind that 7k will not only cover the costs of the damage, but all other uninsured losses.

I would not insist on anything until treatment has finished and your sister knows how her life is going to be affected.

 

[Cadiz Seagull]

Plus, I was the one who persuaded her to go down this route, and I want a big present

You'll have to wait - she's turned it down

 

[Barrel of Fun]

I think as a rule you should never accept the first offer, unless of course, she wants to put the whole ghastly chapter to bed.

That is very sad that it has affected her personally. I hope that is nothing to do with the scar that you mentioned.

I say, go to court if you can guarantee a sum that is much more than the £7k. If not, perhaps it is not worth the anguish of reliving everything and being able to put the whole sorry saga to bed and move on.


Ps Enjoy your jaunt to Oxford and try the turf.

 

[NMH]

Do NOT rush into decision, and note that the insurance co will probably want her to!
Insurance companies are scumbags, they also have loads of dosh. It takes a scumbag on your side, to tackle the scumbags on theirs, but if you want to settle sooner, then she should tell them she is having a few complications with breathing, may have a deviated sceptum, and is now showing signs of 'sleep apnea' (look at this site for more info; http://www.sleepnet.com/sleepapnea.html) that she thinks may be related to the accident. Along with the nightmares, restless nights and flashbacks, and her sudden outbreaks of nausea and recent outbreaks of panic attacks, none of which she has yet consulted a specialist about yet, I'd say the poor kid has a CASE!

 

[NMH]

Also, just a quote from a plastic surgeon to repair her looks to new, will probably raise the stakes without taking any of the other complications into account.

 

[empire]

to be honest,i wouldnt take any advice from anyone on here,unless they have been in the same situation,either way,hope your sister gets what she deserves

 

[Motogull]

Your sister should take legal advice.

PM me if you want a recommendation.

 

[GrimReaper]

to be honest,i wouldnt take any advice from anyone on here,unless they have been in the same situation,either way,hope your sister gets what she deserves

Agreed fully, everyone here has an opinion but very few have any knowledge on the matter, might as well flip a coin. Seek legal advice.

 

[SussexHoop]

Your sister should take legal advice.

Spot on. My wife was in an accident about 14 years ago, could haardly move for 2 days, had whiplash for a week and picked up £2,000. Compare that with what your sister has gone through, is still going through and may still have to go through if another op is required, that offer is insulting.