whiplash claim being taken to court?

i had a car accident a few month ago where i was hit from behind and it pushed me into a roundabout.
i made a whiplash claim but after 5 week the other persons insurance company has still not made an offer, i have even sent in my wageslips to prove i had loss of earnings.
my solicitors have written to then to say that if they don't make an offer in the next 7 days, court action will be taken.

i really didn't want this to go to court, i would just have liked this to be settled by now.

What is the most likely outcome should this be taken to court?
I have also had a medical exam, which concluded that i needed physio, which i have had.

I also have all of my prescriptions from my doctor as i'm still on co-dydramol for the pain

Answer by goatslunch
What you really need to send to the insurance company is medical evidence you have suffered an injury.
Loss of wages is not enough. The other insurance company will not pay just because you had some time off. You must provide proof you suffered a deliberating injury as a result of the accident.
Your solicitor must off advised you of this ?.

The other company will demand an independent medical exam as well.

I hope you recover.

Answer by tomd1980
Whiplash is terribly hard to either prove or disprove.

I don't know why they have not made an offer since if it goes to court then they stand to loose a lot more money.

The only way they can disprove you having whiplash is if they can prove you were walking about and acting normally, but since you have wage slips showing you could not work, then I don't see how they could do this.

I don't know what the outcome would be, but unless they have very good proof then they will loose and have to pay your expenses as well as court costs.

What they might be doing is waiting until the last minute before making an offer so there are no negotiations. If they make you an offer now, you can decline it and ask for more. However, if they leave it to the very last moment then they can make you an offer, your solicitor has to advise you that there is no guarantee you could get a better one in court which will cause a lot of people to just blindly accept it. The first rule of negotiating is never accept the first offer.

Answer by George O
I have lots of questions. Did the other fellows Ins pay to fix your car, did you sign any kind of a release? I would suggest you contact your Ins agent.

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