An offer is normally in full and final settlement.
That's why you need a medical assessment before accepting.
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An offer is normally in full and final settlement.
Yes, I know that's what they *say*.
That's why you need a medical assessment before accepting.
I think a legal opinion would be at least as worthwhile. I do not think that the condition is legitimate.
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Perfectly legitimate. They make you an offer and, if you accept it, that's the end of the matter. Their policyholder was negligent and they have made an offer of compensation in full and final settlement.
Go and see a solicitor straight away. They may recommend you seek a medical opinion. All will be recoverable from the other party as long as it is reasonable
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Firstly, I believe that your age is quite an important issue here. Soft tissue neck and back injuries are almost the norm these days if your car is impacted from the rear. This sounds alarming but in the past the injuries were much more serious in such cases.
If you are young(ish), say up to about 35, then you will make a full recovery and could cause yourself a lot of hassle, grief and fees to pursue this further. The wrist injury is another matter. I don't know enough to comment.
If you are older then you may have pre-existing spinal problems such as disc degeneration, arthritis and even osteoporosis which could all have been aggravated by the accident and may result in long-term pain and disability. An assessment by a reliable spinal specialist, not just any old orthopaedic surgeon, might then be worth while. The costs here could really mount up as x-rays may be pretty useless and MRI scanning and bone density studies may be called for so make sure you know who will pay the bills.
Good luck, however you follow this through.
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Re physio, in the case of any spinal injury, if significant pain is present 2 weeks after the injury, an NHS GP should refer urgently for physio and should expect the NHS physio dept to respond urgently. No need to x-ray or go through an orthopaedic surgeon unless there's evidence of spinal damage other than to soft tissues which a good GP should be able to determine.
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This is AFTER seeing a mediacal expert.
The compensation is what MY soliciter is suggesting I should claim.
My biggest problem with this is the final settlement part.
I don't want to be plagued with back problems for the rest of my days.
I'll be speaking to the soliciter and finding out what my options are.
As far as I'm concerned it's not a risk worth taking.
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It all depends on what you mean by "a medical expert". Was it a GP doing medical assessments in his spare time or an orthopaedic surgeon specialising in spinal injuries? What investigations did they have to look at and, again, the age bit is important?
I don't want to suggest this in your case but there is a condition called "compensation neurosis" where an individual becomes so wound up and eventually anxious over the future outcome of their injury that it leads to severe problems with anxiety and depression that make life a misery and are very difficult to unravel and treat.
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I was X rayed 6 weeks after the incident and nothing untoward showed up.
The "expert" was indeed a GP who specialised in sports injuries and did this kind of assesment on the side. My age is older than 35 but under 40, reasonably fit with no history of problems.
Wrist was described as a sprain.
I think basically he was saying "look, it's whiplash - you'll get over it in under a year, maybe sooner if you have physio".
Which is fine.
It's just a bit of a shocker that if you accept the monetary offer you have no comeback if the injury persists.
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If I was in your situation I would accept the money, have fun spending it and put the whole horrid incident behind you.
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I think any settlement will use the words "full and final". Whether it could be challenged later I know not - but that is what they will offer. So the question is how much to accept.
We were re-ended by an HGV on an autostrada from Milan Malpensa airport and luckily we did not get whiplash. We had x-rays and given foam collars to wear but the collars hurt our necks. So we stopped using them. The car was about a foot shorter and the roof compressed badly (cuting into my head so I definately was hit and cut badly).
When we got back everyone said "are you going for an injury claim". We were lucky to survive! I have a 1"+ scar on the back of my head and my wife has a scar on her lip and a broken tooth (fixed now).
What I'd ask is how much will you accept and then perhaps move on. Yes you might get more problems but you're probably okay and regardless of what you get it will use the words "full and final offer".
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Unsurprisingly "the boss" has already allocated the funds.
I'm just a bit miffed I can't get a full time gardener!
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Can I suggest that the effects are more serious than an orthopaedic surgeon would spot if you think it's sensible to ask for this sort of advice on a motoring forum?
Just being blunt; not intending to be rude!
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Wasn't so much looking for medical advice - it was more the monetary offer.
Never been in this situation before so didn't quite know whether that was good or bad.
I was just very surprised that they pay you off and any future problems are not their concern as they gave you a few grand.
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... it was more the monetary offer.
That's what I thought you meant.
Helpful as most of us try to be, your question is one for a Personal Injury lawyer.
Edited by GroovyMucker on 06/06/2008 at 19:36
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But not in a money grabbing way! I just don't want to end up getting stitched up and thought there was some kind of average payout.
It's more a case of they have been dodgy from day 1 and my naivety has landed me in this situation.
If it wasn't against the rules I would name and shame, and warn others of the much bigger payouts that have been made on my claim, but not to me!
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