claim 3rd party now claiming whip lash

e00c

Hey guys,


I was involved in an incident a few months ago.


Basically - I started to pull out, when a car form 2 cars behind overtook on the wrong side of the road WHILE a car was coming. She couldn't move out the way and therefor went into the side of me then drove off.

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I managed to find her down a side street. She was fine within her self not injured - and said: "This was no body's fault, I don't really want to claim cos it's an old car"

I took her details and spoke to my insurance + police (as she drove off, although they passed me back to insurance).

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I can't get my car repaired just yet as the claim hasn't been settled, I can't afford the excess.

Speaking to the insurance today - I found out she has now put a claim in for whip lash and a written off car (laughs... a dent in the door?!).

She put the claim in for whip lash a MONTH AFTER the incident.


Looks like it's going to be a long winded affair. My plan is - to go to her mothers house and hope she drives by and gets out the car.

Will she still have to wear a neck support? etc.


Thanks again guys

anewman

e00c wrote: »

Will she still have to wear a neck support? etc.

No whiplash isn't that sort of injury. All you need to do is go to a medical exam and go "ouch" when prodded or such like and you then have medical evidence of whiplash from a practitioner with lots of posh sounding letters after their name. As you reported the incident to your insurer when it occurred this should make things easier.

Money_Grabber13579

I'd go back to the police again and do her for hit and run. She committed an offence by doing that.

e00c

anewman - that is absolutly ridiculas! I'm sat here laughing... although it's not funny!

Surely there must be a way to determine if the whiplash is real or not? tests / scans?

btw - I think my 1 year old son who was in the car... he suffered whiplash I just forgot to mention it! aha!


Moneygrabber - I've gone back to the police this morning after being passed about - they've now accepted we was advised wrongly and taking further action.


p.s - this whiplash - that means she could claim compensation! from me? or my insurer? What a joke

mattymoo

e00c - the compensation will be paid by your insurer so no worries there. It will mean increased premiums for you though in years to come.

Injured persons have 3 years to launch a claim for personal injury so one month delay does not indicate possible fraud.

Unfortunately whiplash is a soft tissue injury to the muscles around the cervical vertebrae in the neck. Nothing can be determined by scans or x-rays. It is down to careful questioning by the medical experts and ensuring her answers are consistent with the stated injury. All quite subjective I'm afraid.

Simply pass all the paperwork to your insurers and let them deal with it.

Tigerlilley1980

Can I just ask though, who's fault was the accident? The way I am reading it, it's her fault for overtaking when there was a car coming, unless I am reading it wrong? Tiger x

e00c

It was hers.

see link for quick diagram drawn.. HERE

I was already have pulled out signalling waiting for the car to pass by. I was practically stationary.

sarahg1969

e00c wrote: »

It was hers.

see link for quick diagram drawn.. HERE

I was already have pulled out signalling waiting for the car to pass by. I was practically stationary.

If the accident was her fault, then she cannot make an injury claim. So it looks as though she's blaming you for the collision.

e00c

Thats exactly what she's trying to do now.

even after driving off - and saying she's not going to claim for her car on her insurance as it's not worth it.

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As far as im aware - she's going through solicitors for her injury claim...

BUT - doesn't the insurance have to sort it out first? Work out who's fault it was etc?

ie: no one can make injury claims till we find the outcome of the incident?

sarahg1969

e00c wrote: »

BUT - doesn't the insurance have to sort it out first? Work out who's fault it was etc?

ie: no one can make injury claims till we find the outcome of the incident?

No, not really. It can all be dealt with together. She can make a claim against you, and your insurers will instruct someone to deal with the defence on your behalf. Once that is thrashed out, the values of the various claims will be dealt with.