Road traffic accidents (RTAs) can be catastrophic and complex for those involved. Sometimes, however, for smaller scale incidents and injuries, victims can claim through the Official Injury Claims (OIC) portal for quick and fair resolutions.
In this case, our client raised a claim through the OIC after sustaining injuries from a car collision. Our expert case handler, Ryszarda Kozikowska, was engaged to represent the claimant and provide legal assistance to achieve maximum compensation for his injuries.
OIC claims often result in compensation ranging from a few hundred to approximately £2,000. Thanks to an inspired combination of legal expertise and perseverance, Ryszarda helped our client achieve an impressive £6,226.96. Discover how she managed to triple an already attractive first offer to achieve absolute justice for our client.
Hit from behind
Our client was driving when an unexpected obstacle in the road required him to slow down. The driver behind failed to maintain a safe distance between their car and our client’s, crashing into our client’s car from the rear. As a result, our client sustained the following injuries as confirmed by his doctor’s medical report:
- Whiplash
- Pain in left hip and left buttock
After raising a claim for compensation via the OIC portal, Ryszarda was instructed to represent and assist the claimant with his case. She wasted no time in submitting a first letter of claim to the defendant and their representatives, gathering all the necessary medical evidence and incident analysis to support the claim.
Unlike non-OIC claims, the defendant must provide the first offer. We can then advise our client whether this aligns with our internal valuation or whether there is potential to provide a counter offer.
Before we delve into the exceptional work done by Ryszarda on this case, let’s take a look at the law behind RTA claims through the OIC portal.
The law: The OIC portal and road traffic accidents
The OIC portal was set up by the government to help victims of RTAs apply for compensation themselves on small claims. However, in many cases, legal representatives are still required to support claimants.
Injuries are divided into whiplash and non-whiplash injuries, with fixed rates (e.g. three months’ whiplash is £240-£260). OIC claims can’t result in compensation higher than £10,000 inclusive of all injuries and damages.
If you’re the victim of a road traffic accident, you have a right to claim for compensation if the accident was either partially or fully the fault of another party, such as a driver. Here are a few key points to bear in mind before you can make a claim using the OIC portal:
Involvement – You must have been involved in the accident as a driver or passenger of a car or other motor vehicle (claims for pedestrians, cyclists, or vulnerable road users can’t be made through the OIC portal)
Injury – You must have suffered physical or psychological injuries as a direct result of the accident
Negligence – Another party’s negligence or breach of duty must have caused the accident
Time limit – You must make your claim within three years of the accident or from the date you first became aware of your injury
Should you choose to make a claim through the OIC and be appointed legal representation, your solicitor will send a letter of claim to the defendant’s insurer. An investigation and confirmation of responsibility takes place within three months, followed by a court process where necessary to achieve maximum compensation.
Challenging an unjust offer in road traffic accident
The defendant responded with an initial offer of £2,059.55. An offer of this value would usually be deemed in the upper regions of what can be expected for an OIC claim. When broken down, the compensation offered for our client’s non-whiplash injuries was £1,200. However, we valued this at £3,900 to £4,900. The defendant raised the issue that the hip and buttock injuries were in fact related to the whiplash – even though medical evidence contradicted this.
Our client was initially happy with this offer. But in his interest, Ryszarda explained with clarity, reassurance, and legally backed justifications that we had a strong case to push the client for a higher offer that met the valuation for his non-whiplash injuries. Ultimately, we must follow our client’s instructions with how to proceed. And after digesting Ryszarda’s advice and reasoning, he gave the go ahead to push for a better outcome.
To support her counter, Ryszarda drew on her legal expertise and acumen, presenting guidelines and case law of similar incidents and injuries that reflect the need for our client’s non-whiplash injuries to be recognised as such. Using her acute attention to detail, she correlated this with medical evidence to enhance the validity of her counter offer.
Fighting on multiple grounds
Our client also claimed £941.24 for loss of earnings in his original claim. However, the defendant failed to recognise this in their initial offer. Negotiating for special disbursements of this nature can be difficult on OIC claims. Should the defendant disagree to an increase, court proceedings are the next course of action, but it is rarely economical for the claimant based on the claim value.
In this case, the defendant claimed that they had not received evidence for loss of earnings. Our client assumed nothing could be done, but Ryszarda reassured him that all evidence had been sent to the defendant in the first letter of claim via the portal, and she proceeded to push the defendant on every communication channel – via email, messages, and portal notifications – to ensure they recognised this overlooked evidence and amended their offer.
At Optimal Solicitors, we take great care to ensure all documentation is delivered in full, on time, and in alignment with our internal valuations. We know the law, and we will always advise our client to push for a better offer when we know the strength of our case supports this. Ryszarda demonstrated this to great effect, and along with recognising the non-whiplash injuries, the defendant agreed to a second offer taking into account these additions.
Optimal outcomes: Offer tripled, justice served
After Ryszarda’s perseverance with the defendant and her reassurance to our client, we received a second offer of £6,226.96. This resulted from the addition of enhanced non-whiplash damages, which increased from £1,200 to £4,500, and full loss of earnings.
At almost triple the first offer, this compensation was much higher than usual OIC claims and surpassed our client’s expectations. Understandably, Ryszarda was extremely pleased that her efforts translated into a resounding success for our client, who was over the moon to achieve maximum compensation.
Choose Optimal to get the justice you deserve
Clarity in communication and honesty in justifications are essential to reassure the client when pushing for an increased offer. Our solicitors are persistent, employing their knowledge of the law with their unwavering determination to achieve maximum compensation on behalf of our clients.
If you’ve been involved in a road traffic accident and require legal assistance to support your claim for compensation, look no further than Optimal Solicitors. Our personal injury solicitors are dedicated to helping you achieve the compensation you deserve and will fight for the highest possible payout – supporting you closely at every step and representing you with transparency and integrity. Get in touch with us and start your path to justice today.
