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Should you accept first offer of compensation?
The insurance company of the driver that nearly killed me offered some compensation & to pay for my legal costs, my solicitor is saying you should never accept first offer of compensation although he has left it to me to give the final decision. What are your thoughts on this, i have to make up my mind by Monday?
xx
10 Answers
- Anonymous10 years agoFavorite Answer
The first offer is always much lower than they expect to end up paying if it goes to court so never accept a first offer.
- Ambers mateLv 410 years ago
I wouldn't take it as there is nearly always another offer as they will not want to go to court. I knew someone who declined the first 3 offers and outside the courtroom, the insurance company offered him 6 times the original amount as an 'out of court' settlement. Only problem then is that if you go this far, you run the risk of the court awarding you less and not giving you costs, in which case you end up out of pocket and paying court costs on top. If you were nearly killed, you probably deserve more so I would listen to your solicitor as he knows what the pay out is for people who have your sort of accident.
- SimonCLv 710 years ago
Your solicitor has to allow you to make the final decision, but he should be giving you as much advice as he can.
For one thing, if this offer is "official" (in the jargon, if its a Part 36 offer) then you could be hit by extra fees if you turn it down then it goes to court and the judge decides to award you less. So your solicitor should be explaining this to you.
Compensation for actual losses (damage to property, loss of earning, etc) is easy to quantify, so it should be fairly easy to determine if this offer is fair for those. But compensation for injuries is less easy to quantify - it partly depends on how serious the injury was and both sides may have their own doctors who disagree. But the amounts likely to be awarded for particular types of injury are fairly standard, and your solicitor should know what is likely.
So, your solicitor should be able to give you a reasonable estimate of what a court would be likely to award. Which will give you a better basis on which to decide whether to accept this offer. Simply saying "never accept the first offer" is not good enough. That may be a reasonable stance to take in a negotiation, but at the same time insurance companies are not likely to mess around too much with offers that everyone knows are too low.
Your solicitor should also be advising on whether you should make an offer. EG if they have offered £10,000 you could just say no, but it might be more sensible to offer to accept (say £14,000). This puts pressure back onto the other side, as the consequences of them turning down you offer are the same as mentioned above.
- Anonymous10 years ago
I think you should take your solicitor's advice rather than advice from people on Yahoo Answers. If you solicitor feels they are prepared to offer more then they probably will. Legal costs are covered by the other side if you win and your case will be insured against loss if you lose so the legal costs issue is a red herring.
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- mrgooleLv 510 years ago
I would speak to the solicitor and ask him/her what they think they can get for your injuries.
Then I would decide from there.
Solicitors will have sent you all their bumf about the way this litigation works, read it and you will see as soon as you decline the first offer the solicitor then moves your claim upwards so they can claim more costs against the third party.
Simple question you need to ask yourself is do you feel the offer the third party has given you is sufficient to your personal needs at this time. And remember do not get greedy.
Source(s): been through it all. - Anonymous4 years ago
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- LondonladLv 610 years ago
It is entirely up to you what you accept or decline.
If you are a money grubbing little oik who is just after a quick killing then hold out for more.
If you are a sensible and mature person who just wants their costs covered then if the first offer will do this then accept it.
Upto you not your solicitor.
- Anonymous10 years ago
No you can wait and get more my sister was in sn accident and she waited 2 and got 20 thousand pounds more than the first offer
- Anonymous10 years ago
If the comensation is enough to cover your expenses then accept it.