The insurer tactic of trying to under-pay for personal injury claims is well known. The first offer to settle is invariably much lower than is acceptable to anybody with knowledge of the injuries’ true value. Unfortunately, they often get away with it due to the victim not seeking legal advice. This is something we managed to prevent in a recent case where we dealt with a scooter accident claim for a client who spotted us in Scootering Magazine.
Our client’s scooter accident happened as he was proceeding along a road, when he was hit by a car which had pulled out of a side road. The car came from a junction between parked vehicles and clearly hadn’t known what traffic was on the road prior to pulling out. Our client was unable to stop in time and hit the front end of the car, being catapulted over both his handlebars and the car itself.
He landed in the road, injuring his wrist, shoulder, back and hip. Emergency services attended the scene and police officers informed him that he would be able to prosecute the driver if he wished due to their lack of due care and attention.
The lacerations on his back became infected shortly after the accident and our client was prescribed high strength antibiotics. This and the numerous soft tissue injuries he’d sustained kept him off work for several weeks.
The defendant’s insurers in this case tried, as they often do, to quickly settle the claim before the full extent of the client’s injuries were known. They contacted him looking to offer him a pay-out but fortunately he told us about this and we were able to warn him about accepting anything as a full settlement. Offers made in this manner often undervalue a personal injury claim and a client can be left with less than they’re entitled to.
The insurers tried this tactic again later on in his compensation claim, offering around 75% what it was actually worth. We again advised our client that having seen his medical report, his injuries were worth more and it was merely a tactic they were using to under-pay.
Thankfully his scooter accident claim settled for the correct amount according to injury compensation guidelines. Our client was able to receive the full value of the compensation he was entitled to. We urge all scooterists involved in road traffic accidents to do the same – before accepting any offers, be sure to seek legal advice!