# Agree to claim settlement or dispute it?



## ivorystraws (11 May 2006)

Hi,

I know this is a really general question but I would just like some pointers or advice on this subject which may help.

My brother was involved in an accident approximately 3 years ago or more. Some lady drove straight into the back of his car. Gardai were called and I'm assumming she's liable. She paid approximately €2000 towards him getting a new car as the old one was a write off. He's been getting physio treatment on his back ever since but complains of pains in his shoulders from time to time. He's a quiet guy, works as a bar manager so getting him to admit to having any physical problems is like pulling teeth. 
Now, her insurance company met with him to try and settle the claim out of court yesterday. They state he will have made a full recovery by the time the court case comes up in October. They're proposing a payout of €16,000. His solicitors says if he goes to court, it may depend on the way the judge looks on the case and if the insurance company lodge the money with the court, he could possibly end up paying fee's to both legal parties involved and have a remaining sum of approximately €5,000. 
Should he accept the claim? Does it seem sufficient? Is this the norm? 
Any advice or experiences on similar incidents would be very welcome, thanks.


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## Ravima (11 May 2006)

"There's nothing certain in law, but expense"

If the insurers tender the money in court, then if he gets less than that amount from a judge, he must pay al lthe costs from date of tender. If he gets more, then the insurer must pay all the costs.

if he is paying a solicitor, then he also has a barrister engaged and he should ask them for advice, then weigh up the financial options and make a decision.


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## ivorystraws (12 May 2006)

Thanks Ravima. He is currently paying a solicitor and the solicitor wants an answer regarding the settlement today. 

IMHO, I think he should postpone the decision date on the settlement (i.e. from today to a later date), get a second professional opinion on this matter on the injuries to his back (from an independent specialist surgeon) and on his case (from another solicitor). He should be in a better position then to determine whether he should proceed or not.


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## dereko1969 (12 May 2006)

hi, i think they're offering a fairly low amount. see this link to the PIAB book of quantum http://www.piab.ie/pdf/BookofQuantum.pdf
which states that a back injury regarded as significant needing ongoing treatment starts at 18,300, judges are supposed to take heed of these amounts so I would be surprised if he was offered less. he should ask for 25,000 and then agree to settle in between.


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## Rose32 (12 May 2006)

I'm currently going thru a claim situation from a car crash 6.5yrs ago so know ALL about it!!  Has your brother much medical backing?  Are his medical expenses high?  Is the 16k to include everything or is it 16k plus costs? It would be hard to give advise on the little information you have offered, but be very careful of refusing the amount, as he may be liable for all expenses if the judge offers a lower amount.  I recently met my senior barrister and seeminly there is huge pressure from the supreme court not to offer high amounts (which to genuine cases, is extremely unfair)


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## ivorystraws (12 May 2006)

Thanks for all the responses. The only medical backing he has is from the PIAB's medical assesor. He hasn't been for any scan on his back but he is going for monthly chiropractor sessions. He has still ongoing pain in his back and has been to a physio on a number of occassions. Would some type of scan on his back determine the extent of his injury? As far as I am aware, this offer is 16k and that includes all costs. 
Is there anything further he can do, legally or medically, to determine whether he will actually have made a full recovery by the time the court case comes up in October if he decides not to settle?


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## Ravima (12 May 2006)

something is not right here. if he has been seen by PIAB doctor, how is there a court case in october? Are not PIAB obliged to make an offer? When was accident?


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## ivorystraws (15 May 2006)

Yes, he has been seen by a PIAB doctor. They have made an offer (mentioned previously). If he chooses not to accept the offer, his solicitor said that the court case will be in October. The accident occurred in October 2002 as far as I'm aware.... I can find out the exact date but I know for a fact that it was well over 24 months ago and he is still receiving treatment for his back, monthly.
The recommendations so far (from a seperate legal adisor, not the current solicitor) have been to put the offer on hold, consult with one or more seperate independent specialist(s) to determine the extent of the injuries and make an informed decision thereafter. Does that seem reasonable?


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## dereko1969 (15 May 2006)

he should accept the PIAB offer, you didn't mention at first that it was a PIAB offer you said it was the insurance company offer, i would doubt that he would get more at court and there is a significant risk that he could end up liable for all the legal costs.


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## ivorystraws (15 May 2006)

Sorry if I am confusing things. It is not a PIAB offer, it is an offer from the Insurance company via my brothers solicitor. The insurance company have had my brother assesed by a doctor and I'm assumming (I'm not familiar with these proceedings) that it's a PIAB doctor/representative.


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## Ravima (16 May 2006)

you need to get the true facts of the case.

Is it a litigation case, that is currently before the courts, with all the dourt documentation issued? 

Is it a PIAB case, that is, all the documentatio nsubmitted to PIAB and awaiting them to make their award?

Is it neither, but simply a claim gone into some insurance company, but with the solicitor reserving the right to go to PIAB?


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## ACA (1 Jun 2006)

€16000 seems low for an injury that is still symtomatic after 2 years. It appears that yr brother had the accident just before PIAB was brought into force, he could submit an application to PIAB and get them to assess his injuries and expenses. The insurance company would have to 'wear it', it would delay his court date but, in the end he could end up with a much fairer offer. From the sounds of things yr brother isn't being greedy, which is what the ins. co. are implying., he is concerned about his future medical needs. I don't understand why yr brother's solicitor hasn't made this clearer to the ins.co. As suggested in a previous post, he could look at the book of quantum on the PIAB website, although to be fair, it is rather vague. Whiplash not substantially improved after 24 months could come in for around €16k but if it was me I'd be looking for medical expenses on top of that (past and future). Physio isn't cheap (around €45 a session) and 2 yrs of physio once a week is working out around €4700, without allowing for GP visits, medication, loss of earnings, etc.


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