Do I Have To Accept The Third Partys Offer In Settlement Of My Claim?

Do I Have To Accept The Third Partys Offer In Settlement Of My Claim?

Nicholas Jervis, Solicitor (non-practising) and Managing Director of Whiplash Specialists Loyalty Law

If you have been involved in a road traffic accident and have sustained a whiplash injury you may be feeling anxious about how long it will take you to recover from your injury and whether or not you should make a claim for whiplash injury compensation. With lots of questions arising in your head it may be tempting, if you receive a call from the third party’s insurers offering to settle your claim, to snap this offer up as you may perceive this as a quick way of settling your claim and putting the matter behind you. This article looks at why you should not, in fact, accept any offer made to you by the third party or their representative until you have received advice from your own solicitor.

It may help to understand how compensation for your whiplash injury would be calculated. Once you have appointed an expert, specialist whiplash claim solicitor, your solicitor will arrange for you to attend upon an independent medical expert. The medical expert will assess your injuries and recommend, if necessary, a course of treatment. The medical expert will also prepare a report detailing your injuries and provide a prognosis for the future (for example, he will anticipate that you will have made a full recovery from your injuries within six months of the accident). The medical report forms a very important part of valuing your claim. Your solicitor will read the report carefully and will then research other, previously settled cases where the Claimant has sustained similar injuries to your own and has taken a similar amount of time to recover. Your solicitor will also use a book called the Judicial Studies Board Guidelines to assess the value of your claim. When your solicitor has an idea of how much your claim is worth he will send a copy of the medical report to the third party’s solicitor, together with any other relevant documentation, and will invite their settlement proposals.

Importantly, your solicitor will not advise you to settle your claim until you have either fully recovered from your injuries or until you have received a firm prognosis from the medical expert (such as the one described above). The reason for this is that if you settle your claim before you have recovered from your injuries and it then transpires that you continue to suffer from your injuries for longer than you expected you would not be able to go back and claim further damages.

Therefore, you should be extremely cautious when approached by the third party’s representative at the beginning of your claim offering to settle your claim. At that early stage you have very little idea of how long it will take you to recover from your injuries and you should seek advice from a specialist whiplash injury solicitor before settling your claim otherwise you may risk being undercompensated for your injuries.

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Why You Must Act Now!

If you have suffered an injury please contact us immediately. Failure to do so could cause your claim to fail or significantly reduce the chances of success for two reasons:

  1. The longer the period you leave before taking action, the less the chance of the success of your claim. This is due to the evidence required to connect the chain of events to prove that your injury was caused by the accident in question.

  2. Our Loyalty Law specialists can only look after a set number of people who have been injured. This is because they aim to provide the highest standards of service and can only do this if they limit the number of people that they help. To give you the best chance of being helped by one of our solicitors get in touch with us immediately or we may not be able to help you.

Delay really can be fatal to your chances of success, so please contact us now and let us take care of you and your claim.

Call us free now on 0800 142 2775 (or local rate: 01275 75 00 44) for your free and instant claim assessment, or complete our Instant Claim Assessment online.

What Happens Next?

You will be contacted by one of our specialist whiplash claim solicitors. They will explain whether they are able to help you with your whiplash claim. If they can, they will then take care of everything else for you. Being specialists, they know that you have already had enough stress following your accident, so they will make the whole process as simple as possible for you from that moment onwards.

This will include completing paperwork for you, arranging free replacement car hire and medical treatment, and generally taking really good care of you.

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Whiplash Claim Compensation Specialist Nicholas Jervis

Nicholas Jervis, Solicitor (non-practising) and Managing Director of Whiplash Specialists Loyalty Law

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Call us free now on 0800 142 2775 (or local rate: 01275 75 00 44) for your free and instant whiplash claim assessment, or complete our Instant Claim Assessment online.

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