Part 36 Offer

[Nkakamasembe]

In July I was involved in a road traffic accident while stopped for red traffic lights.
The car I was driving was not mine but adequately covered, was written off and car owner since been paid off .
I have whiplash associated injury, neck , upper and lower hand, lower back pain and upper leg pain. I attended all the physio sessions (arranged and paid for by other partys insurance).
This Part 36 offer of �1800(through my solicitors), a NHS medical review ,and the physio clinic letters recommending more sessions have come in. Do I reject this offer in view of the on going treatment? any suggestions? thank you.
T

[Twenty20]

I have a slightly different view on this....if it was an accident, rather than a deliberate act, why should you receive money? I would have thought the key word was 'accident'. I'm not sure where money comes into it?

[sara3]

it may be called an RTA but sometimes someone is at fault. the money is compensation and should cover ongoing bills and expenses directly related to it. having said that, physio would probably be offered through the NHS.

do you not have any legal advisor, maybe via the car insurance people? someone should be able to tell you an acceptable amount of compensation in your circumstances.

[factor-fiction]

You say the offer was made through your solicitors, so you clearly have a solicitor acting for you. My advice would be to folow your solicitor's advice. Personally I'm sceptical about many claims for whiplash and related injuries, but I recall the going rate for cases like yours was around �1500 about 10 years ago so my guess would be nearer �2500, but turning down a part 36 offer is a gamble. Ask your solicitor.

[Nkakamasembe]

Thank you factor30.My immediate concern though is that the offer has been made before I have recovered.
I appreciate your position on whiplash claims.Likely in this case the other motorist accepted full responsibility.
I was hoping to learn from other opinions.

[Barmaid]

Your medico legal report should have given a prognosis - ie "full resolution in x months if a course of y physio sessions are completed". The offer will be based on that. Your difficulty is that everyone responds differently to treatment so the injury could be completely resolved within the time estimate in the report or it could take longer. If it resolves within that time fine, but if it takes far longer you will not have been adequately compensated for your pain suffering and loss of amenity. The award for psla will be based partly on the extent of injury and partly on the length of time it takes you to recover. Your injury will be in the lowest bracket of the Judicial Studies Board guidelines which indicates an injury such as this resolving within 2 years should attract an award of between 750 and 2800 (I think).

I take it the implications of a p36 offer has been explained to you? If you accept it, you are entitled to your costs up to acceptance. If you reject it and fail to beat the offer at trial, the other party are entitled to their costs from the last day on which you could have accepted it. Although in your case, I suspect costs will not be an issue for you, since normally the insurance co picks up the tab or you will have ATE insurance. You should check the position though.

If you wished you could put in a counter offer. Its a difficult call for you though, because only you know how much you have improved since July.

[Nkakamasembe]

Thanks Barmaid. Truthful and impartial.