my car hit by another car

Ms-Pacman

tinkerbell84 wrote: »

So the handbrake wasn't on then :rolleyes:

It should have been.

He may be a professional driver, but that doesn't make his driving flawless. It's not going to prevent whiplash, or prevent impact, but imagine the car had been pushed forwards into a wall - an extended leg (on the brake) could be easily broken. If the handbrake was on the legs could be tucked up out of the way while the movement of the car was stopped as far as possible.

The handbrake was on, we had been still for few minutes and his first reaction on being hit was to put his foot on the brake - don't know how much difference this made but we did not hit the car in front of us! If we had hit the car in front of us they might have gone into the river. Thank god they didn't. We'd like to know the speed she was doing as the village this was in we think the speed limit was 40mph and she certainly hit us hard.

Quentin

So I am asking for moral advise

You say your car is "drivable", but still expect the guilty party to pay to put it back to as it was prior to them crashing into it, but your health/pain etc is really by far the greatest problem in this.

Of course you should be compensated - and get the best possible treatment. And of course this should'nt be at your expense.

How is it moral not to claim (and by your reasoning immoral if you do)?

Get your own adviser - don't rely on their broker!

dollywops

I cannot advise you what to do morally, but can you give the benefit of my experience, on 3 separate occasions.

In 2005, I was stationary in traffic on the way back from school one morning and got hit by a large Lynx vehicle. The driver said he did not see my car - I was driving a 7 seater Honda shuttle! My rear tailgate was totally destroyed and the only thing keeping the rear windscreen in place was the blackout film. I did suffer whiplash and had to have a course of physiotherapy. I did put in an injury claim and received about £2,000, plus the cost of the physiotherapy.

In October 2006, I was waiting at traffic lights, on my way to collect my daughter from school, this time in a Honda accord, and the woman in the civic behind me, went into the back of me. The car needed a new bumper and I needed another course of physiotherapy. I received £2,000 in compensation.

In October 2007, whilst sitting in traffic in the same Honda accord, on a rainy afternoon, having collected my daughter from school. I heard the van behind me skid on the road, and the next thing I knew he was in the back of my car. I was so shocked that this had happened again, I told my daughter to phone her father, as I just could not face driving home. Not only did this accident give me problems again with my neck and shoulder, it also set off a balance problem, which had previously cleared up. The solicitor acting for me said that as my daughter was also involved, she could claim, even though she suffered no problems whatsoever. My daughter received £900, just for being a passenger and I received £2,300.

Hope this helps.

tinkerbell84

With torn muscles you will have lasting damage (I know as I've had the same - my neck is now my weakness. Just sleeping funny can knock it out for weeks).

You may need physio, which will cost money. That's what compensation is for. It sounds entirely justified in your case.

Carmex_Fan

Claim. You were not at fault and you are entitled to it. Plus do you think if it was the other way round, the guilty party would hesitate?

Quentin

Ms-Pacman wrote: »

I wouldn't mind paying the £175 as it would be refunded but I cannot afford it right now ......

Surely this admission of yours helps you to make your mind up and make the claim! As has been posted already, you can expect compensation far in excess of the £175 you cannot now afford - it is your right to claim for compensation (as well as all the costs of your care/treatment), and you could get a solicitor or claim handler to sort it all out for you (at no cost to you) without relying on our input!

Paparika

Claim

it's not coming directly out of her pocket is it, that's what insurance is there for, worse thing to her is her premiums go up next year.

leviathan

Never, ever, ever use your insurance company when it is the other parties fault.
As a memeber of many car forums and from personal experience I've seem too many insurance companies doing deals with each other.
So many companies are owned or underwritten by the same people. It's in their interests to lower the values of both sides so it costs them less.

Always deal with the 3rd party's company.
Make sure you get your hire car and stand up for your rights.

Also never let them take the car away from you until you've done an inventory and always check it out fully before signing anything on it's return.

If you feel your car is a write off, have it taken back to a place which you control. eg. your driveway.
Don't let them take the car away until you have agreed a value for it and never take the first offer.
Remember, you've got a hire car from the third party and it's costing them money to be unreasonable and take their time!!

Always be in a position of strength with all the cards when dealing with insurance companies. Loss adjusters live up to their namesake!

woodys_wonders

Paparika wrote: »

Claim

it's not coming directly out of her pocket is it, that's what insurance is there for, worse thing to her is her premiums go up next year.

It is not just their insurance that goes up.
Because of the great increase in the number of injury claims and the cost of paying these out, everyones premiums increase.

Ms-Pacman

update on this, the car has been sorted and is ok. total damge was approx 2k so not too bad.

the issue i have now is with the injury compensation.

i decided to go ahead with the claim with advise that if you are not entitled to it you won't get it.
i was sent for an assessment that I wasn't over impressed with as mine was the first appointment ina quite snobby clinic. the doctor strolled in 20 mins late blaming traffic although I got there in plenty of time. The assessment was rushed possibly as he was late.

i got the medical report and from it they are offering me quite a sum, but the medical report they have given me a copy of is very wrong although the doctor does say in it the patient did not exaggerate symptons so maybe I didn't say enough.

I have been on ibroufen since the accident which led to very bad stomach and toilet problems as taking too many ibroufen. pharmasist said go to doctors to get proper medication to stop this and I did last week which has resulted in stronger painkillers that help and physio arranged.

now I don't know what to do, I mean it is only back pain but I had no idea how painfull and difficultit can make life!

Right now I'm in agony and if I dn't take a painkiller which I will shortly I get shooting pain. I need to wait till physio but can anyone recommmend any sort of exercise that might help to ease it as I hate taking so many painkillers - thats just not like me.

In regards to claim I don't know whether to take what is offered as I wasn't expecting anything anyway or wait till the physio. In the medical it constantly refers to strain injury but the doctor at casult said torn muscle

any advice please?