Personal Injury Claim

lisyloo

At the risk of being accused of banging on about it. I would recommend readers consider joining a group like IAM (Institute of Advanced Motorists) or ROSPA (royal society for the prevention of accidents).
Their aim is to coach people to anticipate what others may do in order to avoid accidents.
I am not saying that this accident was preventable but a lot of them are.
For a relatively small cost you can reduce your chances of being involved in a incident with human cost, financial cost and lots of hassle.
There is a cost involved but a lot of it is done by volunteers and hence it's well priced compared with commercially available training.
There are also insurance discounts once you pass the advanced tests so some or all of the cost can be recouped.

I know I've mentioned this before and I promise not to keep banging on about it excessively, but because I believe it can prevent death, injuries, financial loss and hassle, then I hope I am permitted to mention it now and again.

Bubleicious

Thanks Lisyloo for your helpful post. I can understand the insurers would want to do things the cheapest possible way but I would be very unhappy about a 50/50 settlement. I am probably letting my personal feelings get in the way but it is very frustrating when you know you have done nothing wrong and are also aware that the third party is lying through their teeth!

Would I be consulted before they decide on a 50/50 settlement or does my opinion count for nothing? I ask because I would be quite willing to go to court if I had to but wonder if the other driver would do so knowing they are in the wrong?

Quentin

You won't necessarily be consulted.

Have you discussed this with a legal advisor - if not it would be worth doing so, as you do need some advice on whether or not your case for damages will succeed.

It may not be the third party, but his insurers doing the lying (or supporting their client - whichever side you are looking from).

Insurance policies always state you must not admit liability, so the advice over this is if a third party admits it at the scene, then get them to put it writing there and then. Otherwise in the cold light of day (and after reading their policy/getting advice of mates etc) finding this is denied is a regular ocurrence.

If it goes to court to decide liability with no witnesses, it is down to your word against theirs and that is why 50/50 looks the likely outcome.

lisyloo

I am probably letting my personal feelings get in the way but it is very frustrating when you know you have done nothing wrong and are also aware that the third party is lying through their teeth!

The way you feel is completely understandble.
None of us should have to pay either financially or in other ways for someone else's carelessness and everyone would feel the same in your posistion.

Would I be consulted before they decide on a 50/50 settlement

I'm no expert in these matters and they really ought to keep you informed but sadly I have heard of cases where people have not been informed when cases have been settled.

or does my opinion count for nothing?

It's only an opinion from anecdotal reports, but my honest opinion is that it doesn't count for much.
You are not a legal expert (I presume).
I do know from my own experience that you can often stop companies from "fobbing you off" if you are assertive enough.
I'm not sure you can insist they take it to court though.

You should certainly inform them of your beliefs, wishes and any factual matters.
Has the car been fixed? Did an assesor from the insurers come out?
I ask because an assesor would have written a report and/or taken photos so there would be some record of the damage.
Any company or public body would be thought justified in not incurring court costs if the chances of winning are not thought to be high.
Even if you can prove the damage - how would you prove that they weren't going straight on and you didn't stray onto the other side of the road.
I'm not suggesting you did at all, but I'm just pointing out that the damage may not prove conclusively that they were at fault and that alone may justify the insurer not going to court without any witnesses.

But I could be wrong and it's possible the insurer may fight on.
So don't take it as definite - it's just a warning to prepare you for that possibility.

but wonder if the other driver would do so knowing they are in the wrong?

It's possible the person might not be willing to lie in court.
It's also possible they might be caught out by inconsistencies.
But that's irrelevant if the insurer is not willing to go that far.
It does cost them money (in staff time) even to threaten court action.

fivetide1978

lisyloo wrote: »

I think fivetide does have a valid warning about the 50/50 liability though and it was something I was going to mention.

Cheers lisyloo exactly why i brought it up. If you don't have any record of witnesses etc then it will be hard to prove liability and without even consulting you i bet the insurers will go 50/50 simply because sorting it out otherwise will be even more expensive.

Guess you were unlucky with the injuries though, how are the kids if they were in the car? We had a coach hit us head on (he was on the wrong side of the road) and the car wasn't off the road for two months it was demolished.

Had bad whiplash but to be honest it only lasted a couple of weeks.

5t

Bubleicious

Thanks for all the advice. I will be taking legal advice.

Think I have been unlucky with the injuries fivetide. The doctor has said it was due to the way my neck was jerked forward. Now I get pain as the muscles go into spasm. One of the kids was fine after the accident but the other had bruising and pain to the stomach due to the seat belt.

lisyloo

A claim can also be put in on behalf of the child.

LinasPilibaitisisbatman

Whiplash is dangerous stuff:rolleyes:

What did it stop you doing? miss any work etc?

Bubleicious

LinasPilibaitisisbatman wrote: »

Whiplash is dangerous stuff:rolleyes:

What did it stop you doing? miss any work etc?

My job involves lots of heavy lifting so I have had to be on light duties both immediately after the accident and when the muscles go into spasm.
It has stopped me driving at times due to restricted movement.
I have been unable to sleep when the pain is particularly bad. I haven't been able to walk the dog at times as she is so strong!!

This is just the things that have sprung to mind.

LinasPilibaitisisbatman

Bubleicious wrote: »

My job involves lots of heavy lifting so I have had to be on light duties both immediately after the accident and when the muscles go into spasm.
It has stopped me driving at times due to restricted movement.
I have been unable to sleep when the pain is particularly bad. I haven't been able to walk the dog at times as she is so strong!!

This is just the things that have sprung to mind.

and of course all this will be backed up with medical evidence beyond what you say.

Its funny how people who suffer from whiplash always have symptons which are very hard to prove.

If I had whiplash I would be off work until it recovered, at the doctors regularly and housebound something you could prove. Funny how the majority seem to just battle on with it meaning no evidence

Its about time the insurance companies thought back against the whiplash claims and dregs