Compensation claim? ball park figure?

Question

hi, my mum was in a car crash 3years ago, she was a passenger with my auntie, the other car was totally at fault (there is no dispute over this) my mum suffered a broken breast bone, and finger (which is now deformed) but the worst was the physcological results (she still suffers nightmares and flashbacks) and she absolutley refuses to go no further in a car than 10minutes drive, and that is only when she is 'bullied' into it, this means she can't go to half the places she used to go to (daytrips) and there is no way of getting her abroad as she refuses to get into a car to go to the airport..(which also means my poor dad has no chance of holidays abroad, cos he refuses to leave my mum at home!!) the compensation claim has been going on for 3years (oh and it was 9months before she could pick up her baby granddaughter!!!!!) and she has just had a letter from her solicter saying her claim will be more than £1000 but less than £10.000,

Answer 1

Go to arbitration. Take into account the psychological damage. Tell them she's had problems making love to her husband (big points for this), she cant work (lost earnings over the three years), and the effect it i having on the family. If it is not disputed that the other driver is at fault this is just a case of the insuranc company being tight. Go to Citizen's advice with all the facts and DON'T SETTLE. Threaten court action if you have to (use legal aid - ask the citizen's advice about this). Get her GP to get her a psychologial evaluaton. All info will help. FIGHT BACK!.

Answer 2

I agree chloe, that in no way covers the long term trauma, which has affected not just your mam but the whole family. I would say that in cases like this she should be able to discuss the option of disputing the amount and I'm sure her Doctors report will give the solicitor ammunition to challenge it. But it seems in life there is no respite or justice for the victims... x

Answer 3

It does sound low for the stress that she has had. The problem really is that any physcological trauma is very hard to prove conclusively.   In the UK accident compensation is far far less than the huge figures you read about people getting in the USA.  The compensation that she receives will relate more to the physical damage that she suffered.

Answer 4

ok your solicitor has put in a claim there insurance company will agree to that or offer less if they offer a lot less  then it will go to court and the judge will award you what he thinks but this is a gamble as the court could award you a lot less or a lot more

Answer 5

So you're wanting completely unqualified strangers on yahoo answers to tell you that a fully trained solicitor has told your mum that she will get the wrong amount?

While I do agree that your mum should get some compensation for the injuries she had assuming the person responsible has admitted it was there fault; it's not as if your mum couldn't work or lost her job, since she was 72 at the time, and suffered sever financial difficulty completely due to the accident. If that was the case then I'm sure she would get more compensation.

And her life is not ruined. I'm pretty sure other people who have had friends and family die in car accidents would find that quite disrespectful, because I know I do.

Answer 6

unfortunately, there is a list of compensation amounts for injuries caused by accidents and these may often not be paid out for several years until the results of the injury can be estimated not to get worse.

If there is an offer of compensation and your mother contests this and the court agrees with the original offer or even reduces this she will be liable for the other parties costs, so needs to be very careful in this respect.

At the age of 75 it is difficult to judge how her limitations affect her lifestyle and how it is affected by her age! Father's claim is separate and can not affect the compensation due to your mother.

Answer 7

I am looking at this from the victim's perspective as well that should be noted.

I know a woman just got $35,000 for being kicked out of a restroom a month or 2 ago.  and  people injured in car accidents are looking at $10K -

do you see something wrong with this picture???

Colin I was injured in an automobile accident in the US and the most I've heard of anyone recieving for my type of injury is $8k - and yes I do believe it's too low -