MIB Claim offer next steps

[alfacorsa]

Hi There,
i was involved in a road accident where I was knocked off my pushbike by a motorist who fled the scene. I sustained significant injuries and I made a claim with the MIB. They accepted the claim and over the last 3 1/2 years I have seen various medical experts and have received treatment. The MIB have recently made me an offer which when compared to the guidance from the judicial college is very low. I have discussed this with them and sent an assessment based on the guidance to them. They have rejected this as sent a breakdown of their offer based on the injuries I sustained. They have given me the option of refusing and then giving me a formal offer which will then be reviewed by an independent arbitrator. What I would like to know is, what are the changes of the original offer being reduced? I don't want to risk losing what has been offered whilst I also believe that this is too low. Basically is challenging the offer risk free?

[des8]

Hi and welcome

Not having seen the medical reports etc it is impossible to say what are your chances of being successful.

You really need expert legal advice on assessing what value should be put on your claim
Do you have a lawyer working for you?
If not it might be advantageous to get one. I believe the MIB will cover the costs of a lawyer assessing the value of the claim and offer made by the MIB and negotiating with the MIB to get an increased offer.

[alfacorsa]

No legal representation as yet, from experience until they have all the medical reports submitted then there is no point. How would a lawyer make the assessment on the value of the claim? As i mentioned above I have used the guidance from the judicial college. My main question is really whether is is likely that the formal offer can be reduced if it goes to an adjudicator?

[des8]

If you are confident in your own abilities proceed on your own.
There is always a risk that an adjudicator (independent...whose choosing?) will reduce the offered award.
It is very slight, but the risk is there.

[alfacorsa]

MIB are suggesting they appoint the adjudicator, but that is something i'm happy to challenge. I think given the fact they are so far off the guidelines i have it seems pretty risk free.

[MrFaulty]

I have had similar problems with the MIB. Its unfortunate that they seem to be un-regulated and have no Ombudsman.
I have had a very negative experience with them.

They will try to get away with minimum outlay,
Check if independent Medical Experts have diagnosed your injuries to be directly related to the accident.
Check how much recovery time the medical experts have said.
Read the medical reports carefully, ensure the report is complete.
Check any studies the medical experts have mentioned and make sure they are referenced properly.

I think it is worth taking the risk in normal occasions but with the MIB you have to be ready for a long fight go through complaints procedure,
including writing to the Transport Secretary and your MP if need be.