Compensation offer... (First off. 4x4s sting like a ...)

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Comments

  • Hrun
    Hrun Posts: 116
    Could you also put a condition that this is based on condition today and if further medical complications arise later you reserve the right to open discussions again?
    A biking runner :)
  • rolf_f
    rolf_f Posts: 16,015
    see you in court - hmm

    When I was offered compo if it went to court and if I was awarded less than the original offer I think I would have been liable for fees iirc.

    £2.6k is pretty good and if you arent worried about long term problems worth taking them up and getting a new bike sorted asap.

    Read the rest of my post!! What I meant was that that is what I'd say if I was the insurer. Insurer goes to the trouble of making a genrous offer; Victim gets greedy so I'd say stuff them and take it to court.
    Faster than a tent.......
  • The Rookie
    The Rookie Posts: 27,812
    Insurers seem to be taking a more pragmatic view these days, reducing there costs by sorting claims quickly and reasonably by offering sensible payouts rather than dragging it through legal action and ending up paying 2 lots of legal fee's (each about the value of the claim) to settle.

    It sounds a reasonable offer, not excessively generous, nor an old fashioned 'silly first offer', I'd be inclined to acepet and have the money now. Lets get premiums down for us al by all behaving sensibly!

    Now lets starting speccing that £3K bike (allowing for the money you get for your's) for you.....

    Simon
    Currently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.
  • Pufftmw
    Pufftmw Posts: 1,941
    I think it is a reasonable offer. Sorted for the bike, helmet, clothing then some for soft tissue injury (which is only temporary) & some for agro. The idea of compensation is to put the claimant back to the same position as they were before the accident and with no long-term injuries then it would only ever be a small claim. Unless you can convincingly argue that you should get a LOT more, then I would accept it and move on in life.
  • Headhuunter
    Headhuunter Posts: 6,494
    SimonAH wrote:
    Mate, It's tempting to try and screw the system for every penny you can. Walk around in a neck brace, claim dizzy spells and an inability to concentrate, claim that your performance at work is down to 60% of pre-crash and therefore likely to affect your salary for the rest of your life to that level, claim trauma and stress....etc..

    But I wouldn't put out your crotch if it was on fire if you did that.

    shoot happens, and if the offer is reasonable just take it and say thanks.

    a) You'll most likely get paid off immediately rather than a year down the line.
    b) You'll be able to live with yourself and most importantly;
    c) You won't be contributing to the bloody horrible position we are in these days.

    My father in law went from healthy active man (70s) to knocking on the D door in the space of 18 months following a leg smashing accident caused by tripping over an undeniably dangerous manhole cover. Because of the number of fraudulent and 'pushing it to the hilt' claims over the last decade (thanks Blair) the barriers have been set so high that he won't receive a penny. We as a nation need a change in attitude.

    If however the offered sum is not enough to fix the damage and cover any loss of earnings and other reasonable costs then by all means give them a reasoned argument as to why it should be higher. That is fair.

    Although "compensation culture" is not necessarily something to be encouraged, I used RJW solicitors "no win no fee". After the crash, I had no idea how to go about getting a replacement bike (the one in the crash was written off) or replacement clothes and bag etc (also destroyed).

    I phoned the driver however he tried to play silly b*ggers, I simply asked for enough to get a bnew bike (about £500) but he said he could only afford £200.... £200! After he'd almost killed me! £200 wouldn't have started to cover the bike, let alone the clothes... Not to mention the medication I had to buy later (dressings, antibiotics when my stitches got infected etc). He also said that one of the other drivers was on his side, when he had blatantly caused the crash. Luckily he was lying and everyone was on my side and the police threatened him with prosecution (in the end he was forced to go ona driver awareness course).

    I just though f*ck this, I'll go for your insurance company then and for that I needed a sol as I have no idea how and don't have the time to faff around with insurance companies. RJW were fantastic, although my sol said that compensation should have been around £6000, however they played hard on the negotiation, but yeah, my sol didn't accept the 1st offer, so you could negotiate.

    At the start I would simply have been happy with a replacement bike and perhaps clothing, but in the end I think I was entitled to the injury compensation. If I had been driving some flash new car and he'd pulled out in front of me, he would have had a much, much larger bill to pay to replace the front end of my car. Why should my body, which is admittedly hard to price up, cost any less?
    Do not write below this line. Office use only.
  • Headhuunter
    Headhuunter Posts: 6,494
    One thing to consider is that some insurers are also keen to get these things paid and off their books before your injuries develop. If they can pay you off now, I don't think they are liable should you develop some problem in a couple of weeks or a couple of months...
    Do not write below this line. Office use only.
  • fossyant
    fossyant Posts: 2,549
    It's a good offer provided you don't have any further injuries and are sure about this - this offer will be a 'final deal'. If you are feeling fine, and everything is working as it should be, then go for it, payment to be pronto too.
  • dhope
    dhope Posts: 6,699
    Decided to accept. Still a bit tender but haven't seen any reason to think it's anything sinister. Initial A&E and visit to Doc 10 days later both seem to be in line with that thinking.
    Guess I could argue the toss and get a little more, or drag it out a bit but there's something to be said for an easy life :)
    Cheque and paperwork is in the post.
    Rose Xeon CW Disc
    CAAD12 Disc
    Condor Tempo
  • cjcp
    cjcp Posts: 13,345
    One thing to consider is that some insurers are also keen to get these things paid and off their books before your injuries develop. If they can pay you off now, I don't think they are liable should you develop some problem in a couple of weeks or a couple of months...

    Correct. It's full and final settlement (assuming the agreement is drafted in that manner). Spen mentioned something along these lines in relation to his injury either earlier this year or late last.
    FCN 2-4.

    "What happens when the hammer goes down, kids?"
    "It stays down, Daddy."
    "Exactly."
  • bigmat
    bigmat Posts: 5,134
    SimonAH wrote:
    Mate, It's tempting to try and screw the system for every penny you can. Walk around in a neck brace, claim dizzy spells and an inability to concentrate, claim that your performance at work is down to 60% of pre-crash and therefore likely to affect your salary for the rest of your life to that level, claim trauma and stress....etc..

    But I wouldn't put out your crotch if it was on fire if you did that.

    shoot happens, and if the offer is reasonable just take it and say thanks.

    a) You'll most likely get paid off immediately rather than a year down the line.
    b) You'll be able to live with yourself and most importantly;
    c) You won't be contributing to the bloody horrible position we are in these days.

    My father in law went from healthy active man (70s) to knocking on the D door in the space of 18 months following a leg smashing accident caused by tripping over an undeniably dangerous manhole cover. Because of the number of fraudulent and 'pushing it to the hilt' claims over the last decade (thanks Blair) the barriers have been set so high that he won't receive a penny. We as a nation need a change in attitude.

    If however the offered sum is not enough to fix the damage and cover any loss of earnings and other reasonable costs then by all means give them a reasoned argument as to why it should be higher. That is fair.
    !
    Dude, could you explain what on earth it has to do with Blair?
  • sketchley
    sketchley Posts: 4,238
    cjcp wrote:
    One thing to consider is that some insurers are also keen to get these things paid and off their books before your injuries develop. If they can pay you off now, I don't think they are liable should you develop some problem in a couple of weeks or a couple of months...

    Correct. It's full and final settlement (assuming the agreement is drafted in that manner). Spen mentioned something along these lines in relation to his injury either earlier this year or late last.

    It will be full and final settlement of your claim. this does not necessarily mean you won't developed new injuries or require new treatment that results in additional claims. it all depends on what you are claiming for and wording of settlement.
    --
    Chris

    Genesis Equilibrium - FCN 3/4/5