More than FOUR TIMES initial compensation for gran injured in car wash collision
Anne Thompson, 68, was out with her family on Saint Valentine's Day when she was involved in a car accident in the queue for a car wash at an Asda supermarket in Dundee.
The other driver had pressed the accelerator instead of the brakes causing him to collide with the passenger side of the vehicle – he told police he had ‘never went so fast before’.
The gran from Broughty Ferry, who was a back seat passenger in her daughter’s BMW at the time, said, “He came out of nowhere. We were just sitting stationary in the queue for the car wash so it was such a big fright.
“The other driver put his hands up immediately and admitted he was at fault – he was shaking.
“I hope I never experience anything like it again.”
Paramedics who were called to the scene advised Anne to attend Ninewells hospital where an X-ray confirmed a diagnosis of soft tissue damage and whiplash.
Anne’s injuries meant that her day-to-day life was heavily affected and she had to rely on her daughter for help around the house – she could no longer walk her dog and even struggled to wash her own hair.
She added: “I feel angry to be honest with you. I can’t do certain things now, some of it down to age and others because of the accident.
“I used to help my granddaughter with the horses but since the accident I’ve not been able to hold the reins properly.
“It didn’t need to happen – it could have been prevented.”
The 68-year-old had heard of Digby Brown and decided to get in touch for legal help a couple of weeks after the incident.
Declan Grimason, Solicitor from our Dundee office investigated the circumstances of Anne’s car accident, gathering police reports and images of the damaged vehicles to build a full picture of what happened.
However, while Declan was still gathering medical records the insurers for the other side made a pre-medical offer of £1,750.
At Digby Brown, we consider pre-medical offers to be no more than a cynical attempt by insurance companies to try and settle a personal injury claim for less than it is worth.
Why is it cynical? Medical reports are vital pieces of evidence to establish the true nature and extent of the injuries someone has suffered and the likely recovery time.
So without this evidence, it's impossible to fully understand the impact of the injury on an individual's life, both physically and emotionally.
Accepting a pre-medical offer means risking a significant underestimation of the compensation you deserve and may leave you with insufficient funds to cover ongoing medical treatment, lost wages, and other unforeseen costs that could arise from your injury.
In Anne’s case, the offer of £1,750 didn’t take into account the need for regular physiotherapy sessions to help with the soft tissue damage and whiplash injuries she’d sustained.
The 68-year-old also had a history of migraines which had started to subside until they were exacerbated by the injuries sustained in the collision.
Declan instructed a Consultant Orthopaedic Surgeon to examine the extent and future impact of Anne’s injuries who found that it could take up to two years for Anne to fully recover – but that she would still experience ongoing nuisance level symptoms as a result of the whiplash.
Anne rejected the pre-medical offer and, after Declan fully valued the case with the right evidence, a second offer of £8,685 was received – nearly five times the initial compensation offer – which was happily accepted.
She said: “I asked myself if I was doing the right thing making a claim but at the end of the day I was injured. The process was easier than I thought it would be!
“Declan was first class from start to finish - there was no hassle and anything I was unsure of he sorted it.
“He gave me great advice and was a lovely person to deal with.”
Declan added: “What happened to Anne was shocking and it serves as a powerful reminder that no matter how careful you are, other road users can still create dangerous situations. Ultimately for Anne this led to debilitating injuries that affected her day-to-day life.
“My focus was not just on building a strong case, but also on making sure the process didn't create any further stress for Anne and, more importantly, that she felt heard and understood.
“I'm glad we were able to help her secure the compensation she deserved and wish her all the best for the future.”