Shut up and take their money?

Approx 2yrs ago I was rear ended by a car whilst on a motorbike, her insurance assumed responsibility for vehicle write-off & medical expenses.

At time of accident I was taken to hospital experiencing pain to my lower back, neck, leg, and wrist. Was discharged from hospital later that day, neck and leg was deemed thumbs up, perhaps just the tensing up at point of impact. The back had numerous physiotherapy treatments in the 10 months immediately following and was giving me some grief, run of the mill office job did not help.

The wrist was the most troubling, at particular angles it triggered immense sharp pain at the joint and travelled up my forearm. Multiple x-ray, ultrasound, CT, and MRI were conducted over a period of 12 months, visits were made to some top wrist specialists, none were able to pinpoint exactly what the issue was, some scans revealed swelling of tendons, however no resolution was provided. Physiotherapy treatments came and went but they only gave temporary relief.

The final word seems to be either put up with it for life because we don't actually know what's wrong with you, or proceed to (unanimously not recommended due to complexity) surgery but we're not sure it'll fix the problem. It has gotten only ever so slightly better over the last 2yrs.

Fast forward to this week, received a letter asking for official closure, once I accept no further claims will be possible. They will pay $10,000 less incurred medical expenses of ~$4,000.

So… Should I:

a) Accept $6,000 cheque, it's money I'd otherwise not have anyway.

b) Obtain legal advise with pure intention of more money. I assume this is no easy feat(?)

Has anyone been in a similar situation and taken route b? I think the child in me is just bitter that I could have been killed/disabled, or in this case having to live with something for life because some bimbo couldn't wait until getting to work to like a pic of her pointless life. And a $6,000 cheque is supposed to bury the hatchet forever.

Comments

  • +5

    You have a chance, so fight it. Go for option B. Put on the case of what activities it has stopped you from taking part in, any hindrance to your professional life. Compensation from that, and the fact that your health issues are continuing and will continue to the near future.

    I had a similar case back in 2009; except, the driver who intentionally hit me had no insurance. (I was a pedestrian). I was only covered by TAC for the initial hospital visit and treatment. Court got her on a good behavior bond, that's about it. My spinal cord is still compressed against the nerves at the lower back because of the injury. Still have ongoing pain, can't lift anything heavy, can't walk for too long, can't stand for too long. So pretty much any job which involves physical activity, I can rule them out. Am coping all the expenses (and pain) by myself. Simple tasks like mowing the lawn is a feat for me. I didn't have the resources or information about my rights back then.

    • intentionally O.o?!

      • Yep. Long story. Good thing I had two eye witness of the whole incident (2 other people walking by) who gave their report, one of them even jot down the registration details.

  • +1

    I can't believe that you haven't had legal advice up to this point…lock in option B thanks Eddie! ;)

    • +1

      Yep, need to see a lawyer, at least for the free 1st hour before you sign.

      No one can tell from here if $6k is fair or not or whether you can get more.

  • Don't shut up and take more money from them!

  • +2

    I'm honestly surprised that they didn't reject your claim in the first instance. That's a common time delay tactic used with personal injury claims.

    Seek legal advice…considering they've admitted liability you could be cutting yourself short by a significant amount.

  • if there is going to be ongoing medical the rest of your life it would be worth while pursuing more.

  • Accept $6,000 cheque, it's money I'd otherwise not have anyway.

    Waiting for an OzB lawyer to respond, but my feeling is that you should take the money only if you can be certain that no further problems will arise with your health.

  • +4

    You are definitely entitled to the $4k as a bare minimum.

    You are also entitled to all future medical bills, as well as some extra for pain and suffering.

    You absolutely, 100%, definitely, without doubt, MUST see a lawyer. They will be able to look at all the facts, organise expert reports etc., and advise you of a reasonable figure. Don't forget that once you settle, that's it forever.

    This is not legal advice but to me, if you are still experiencing bad pain and ongoing medical costs, $6k seems very low (especially if you are young or middle aged). Also, do you think the other insurance company would give you a great offer straight off the bat? No way, they're going to lowball you drastically.

    Lawyers are also generally very good negotiators.

    TL;DR: see a lawyer ASAP

  • Thanks all for the responses, looks like sue them for every penny is the way to go!

    Tbh because the insurance has been really prompt in reimbursing me the money and approval for treatments it never entered my mind that I would be at any disadvantage. Thus I never went for any legal advise, I'm sure if they were dicking me about legal aid would have came into my mind sooner.

    Also, I have exhausted all the top wrist specialists around Sydney's expert opinions, and there doesn't seem to be all that they can do…

    I shall find a vehicle accident compensation lawyer business and give them a buzz.

    Thanks again all, much appreciated!

  • +2

    Is that the first offer they've made you? As with all negotiations, their first offer is never their best offer..

    How much you get is determined by the content of specialists reports (and any medico-legal reports that they might have commissioned).
    If the report says that you need a lifetime of continuous treatment such as physio, you can use that as the starting basis for your calculation of your future medical cost. And any "future economic loss"

    In terms of the permanent impairment component, they have a minimum percantage (3%, 5%? I'm not sure of the exact figures anymore, but it's changed recently) before you can claim a benefit for that.

    Within the insurance companies, each claims assessor you deal with has a level of settlement that they can approve themselves.. anything higher than they're approval limit needs to go to the next level for review and further approval - and it keeps going up the chain. If you're somehow able to learn of those limits, you could work that to your advantage if you want a quick settlement.

    Otherwise, go to a compensation lawyer (find out the actual costs first for using their service!)… $10,000 does sound a little small for ongoing pain.

  • I've had a friend who was in your position except it was his foot. He took the money and it was the worst decision of his life.

    Definitly see a lawyer!

  • Seriously see a solicitor…

  • $6000 is nothing for medical bills. I'd be looking for ongoing medical care, not payout.

  • +1

    I went route B - ended up with ten times the paltry initial settlement offer thanks to the solicitor, but that was before they changed the "pain and suffering" rules. After the road to recovery, I don't think I ended up on top.

    I used solicitor Mark Stenberg (a biker himself), who is now located at Coogee. He was very upfront and transparent throughout the process and I only have great things to say about him.

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