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Old 12-01-15, 02:24 PM   #1
KnightRider
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Default Personal Injury Claim Roughly what to expect

Hi All,

I had a motorcycle accident in Sept 2014 caused 100% by the third party. I have been dealing with their insurers directly as they have been very amenable and generous regarding expenses, hire bike, motorbike valuation and providing injury treatment. This has been great as I have not had to engage a solicitor and therefore get to keep the full amount of my claim.

The accident caused a small amount of injury, namely I had lots of bruising to my right side and muscle spasms in my lower back and shoulder. The muscle spasms were not that serious in that after taking Dr prescribed anit-inflammatory drugs and codamine I was still up and about and in only minor pain. That said it has taken 4 months and 6 Physio treatments to get rid of the pain completely and it has impacted my home renovation project as I could not plaster my walls with my bad shoulder.

I am about to put in the request to the insurers for personal injury, but before I do so I want to gauge roughly what sort of value the claim should be so that I can negotiate with confidence. Worst case I do have a solicitor who has already accepted the case, but having signed nothing with them, I can weigh up what compensation I am offered directly vs the compensation (minus the fees) that I would get with a solicitor.

If you have had, or know of people that have had similar types of injury, bruises and muscle spasms could you let me know roughly what the compensation was (before taking into account the legal fees).

Thanks in advance for your help,

Jon
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Old 12-01-15, 02:30 PM   #2
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Default Re: Personal Injury Claim Roughly what to expect

I had a "soft tissue" injury to my left shoulder, for which I received 7,000. Initial offer was 1,500 as they reckon it would clear up in a few weeks. It took near on 3 years to settle the claim. Court papers had to be issued.

I would gladly give back double for it not to still hurt every day 11 years later. You do need a good PI solicitor, medical reports etc.
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Old 12-01-15, 03:54 PM   #3
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Default Re: Personal Injury Claim Roughly what to expect

Had a soft tissue injury too (Shoulder pain), got 2,300 which is around the going rate for most Soft Tissue Claims. The pain lasted about 9 months but the claim was on the strength of a 6 month heal time.

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Old 12-01-15, 03:57 PM   #4
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Default Re: Personal Injury Claim Roughly what to expect

This is all good stuff. I reckon my claim is more around Corny Gizmo's mark, glad mine hasn't been painful for 3 years!
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Old 12-01-15, 04:01 PM   #5
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Default Re: Personal Injury Claim Roughly what to expect

Quote:
Originally Posted by KnightRider View Post
This is all good stuff. I reckon my claim is more around Corny Gizmo's mark, glad mine hasn't been painful for 3 years!

Wish mine was only painful for 3 years. more like 11. I never did get back full movement. When it is cold or damp I ache. Cortisone injections into the joint were not pleasant either
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Old 13-01-15, 10:02 PM   #6
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Default Re: Personal Injury Claim Roughly what to expect

There is a set scale for the different types of injuries that is the bible for insurers but they will offer less in the hope that you will accept a lower amount. I would wait for their offer and then go to see your solicitor if you think it's too low. You should be able to get a no compensation/no pay deal with him.
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Old 14-01-15, 09:42 AM   #7
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Default Re: Personal Injury Claim Roughly what to expect

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Originally Posted by Heorot View Post
There is a set scale for the different types of injuries that is the bible for insurers but they will offer less in the hope that you will accept a lower amount. I would wait for their offer and then go to see your solicitor if you think it's too low. You should be able to get a no compensation/no pay deal with him.
It would be good to get a copy of that scale

The problem with no-win no-fee these days is that the lawyers take 50% of the claim value. They will say things like "if the value of the claim is lower than 500 then we will take nothing." and "if the work undertaken on the claim is less than 50% then we will only charge you for the work done + a bonus for success".

The reality if you read the fine print is that they will always over lawyer it to get past the 500 value, and the success bonus is 50%. Therefore they will always take 50% of the claim no matter what happens. The 50% includes any money they have claimed for you. So for example if you use them to claim for your vehicle write-off or for damaged clothing/helmet then they take 50% of that value.

In a case like mine where the insurers are not disputing liability and the injury is fairly straight forward it is better to go with a straight fee based approach. However you can guarantee that the lawyers will still over charge.

Therefore, so long as the offer made for the claim is greater than 50% of what I should get, I am better off. Equally I can use the threat of lawyers with them as the third party has to pay the first 500 so it will definitely cost them more than dealing with me directly.

Messy business using lawyers!
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Old 14-01-15, 02:37 PM   #8
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Default Re: Personal Injury Claim Roughly what to expect

My no win no fee solicitor is charging 25% of injury claims only. They'll pursue other out-of-pocket expenses as well but only take percentage of the injury payout.
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Old 15-01-15, 02:56 PM   #9
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Default Re: Personal Injury Claim Roughly what to expect

Sorry I can't get the scale for you, I retired 9 months ago. The scale is listed in reference books used by solicitors (and insurers) and as far as I can tell, the figures are not freely available on the internet. The books are priced very high so that only industry professionals will buy them.
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Old 15-01-15, 03:04 PM   #10
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Default Re: Personal Injury Claim Roughly what to expect

Threatening insurance companies with lawyers rarely works. My response as a claim handler was always "Off you go then, if you want to waste your money, go ahead". Because the scale exists, everyone in the industry knows what the correct amount should be for minor injuries. They may offer less, which is why you should reject the initial offer.

I'm not saying don't use a lawyer, just that threatening them is unlikely to get a different response.
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Last edited by Heorot; 15-01-15 at 03:05 PM.
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