No damage but injury claimed car accident?

Raksha

Imagine two very minor roads both joining a side road on the same side about 15 yards apart. I was pulling on to the side road from one, and there was a second car pulling on to the side road from my right. Both roads had double broken white lines, but no give way sign. I didn't see the first car as I started to pull out, then suddenly it was there beside me, if it had continued it would have hit possibly my front drivers side wing or drivers side door. I quickly assesed the situation then continued on my route, parking up at my destination 100 yds away. As I drove away I heard a car horn sound.

Having parked up, gathered my belongings and left the car, I was approached by a young woman, claiming her daughter had hurt her neck because I'd pulled out without looking - I did check both directions before pulling out and had to give way to one car already on the side road. She kept on that her daughter was in the car crying. I established that niether vehicle was damaged and that it was a 'near miss' rather than an accident. Then a male joined her and started effing and blinding at me. I didn't say any more and walked into the shop I was going to anyway. Inside the store I observed them taking down my vehicle registration.

Have I done anything wrong? My first thoughts are that she may have been driving without due car and attention if she had to brake so hard from a standing start that her daughter was injured (from the woman's age I'd guess her daughter was less than 10).

What can they do now?

Hintza

I haven't a clue but I suspect you will be getting a letter from one of the ambulance chasing lawyers. Not sure where you go on this one but perhaps have a chat to the local police on this issue.

Hopefully someone better qualified will be along shortly.

Hope you got their registration number.

goldspanners

they could probably learn to keep thier children seated properly with seatbelts on incase this ever happens again. its the only reason i could imagine somone to actually be injured without having hit anything.
i doubt they can claim anything from you.

mikey72

Does this mean you pulled out of a side road, and made the car now on the main road perform an emergency stop to avoid hitting the side of you? I don't think you can say she was driving without due car and attention. It also sounds like she has a witness. I have no idea if an injury caused by avoiding an accident would be classed in the same way as an injury cuased by an accident though.

mattymoo

Dealt with a couple of similar incidents when I worked in motor claims 15 years ago for an insurer.

We would defend them (although some insurers may take an easier route). Simply put, the forces exerted during braking are not sufficient to cause a whiplash type injury. It needs the sudden decelaration of an impact to actually cause the neck to suffer in this way.

If you receive anything, pass it to your insurers and make sure you emphasise there was no actual impact.

LeeSouthEast

Section 170 of the Road Traffic Act wording is (off the immediate top of my head) "oweing to the presence of a mechanically propelled vehicle, on a road or other public place, an injury was caused". Actually making contact with the other vehicle is not a requirement. In the circumstance described, you were legally required to give your insurance details to the other party, and any other reasonably interested party. They could then attempt to make a claim off of your insurance for the injury caused if they so desired. If details were not exchanged, the police must be informed in person at a police station as soon as possible and in any case within 24 hours.

thetope

I fail to see how in turning on to the road just 15 yards beyond you she had gathered enough speed to cause an injury in braking... unless she was driving some sort of 0-60 in 3 seconds supercar?

Raksha

mikey72 wrote: »

Does this mean you pulled out of a side road, and made the car now on the main road perform an emergency stop to avoid hitting the side of you? I don't think you can say she was driving without due car and attention. It also sounds like she has a witness. I have no idea if an injury caused by avoiding an accident would be classed in the same way as an injury cuased by an accident though.

We both pulled out at the same time - my view of the other car was obscured by trees, as was hers of mine. We were probably over the white line by about the same amount.

I will got and report it to the Police now though, just so I know I've done 'the right thing'

trevormax

If her daughter had been properly restrained with a seat belt or child seat, then could there have been any injury caused by an emergency stop?

I wouldn't think so personally, at least nothing more than a scratch from the seat belt. Unless the other lady was going really fast.

I would wait till any letters arrive and then send to your insurers explaining your side of the story.

Poppy9

Not sure if I am reading right but both you and the other car was further to your right at another junction were turning left onto a road and had completed her left turn when you pulled into her path forcing her to do an emergency stop.

If this is the case you are obviously in the wrong so why didn't you just pull in an apologise?

I had a car pull out of a junction in front of me and even though I was only doing about 20mph as I had come through a crossing I was accelerating when a car just didn't see me and pulled into my path. I came to an emergency stop with literally a sliver of fresh air between my front bumper and her front drivers wing. The sudden stop caused the seat belt to lock which saved us from injury thank God but my DD who is 14 said it hurt her but more than anything she was very shook up.

The lady who pulled out apologised profusely and admitted driver error and asked if we were okay etc. She offered her insurance details in case we had damaged our car in stopping so suddenly. If she had been ignorant/defensive or aggressive then I'm sure that I would have reacted differently, instead I just accepted it was one of those things and a reminder to take care.

jeannieblue

I doubt you have anything to worry about - as there was no impact, but best you cover yourself.

Some people are just out to get money where they can rather than go out to work like the rest of us. Pathetic of the 'mother' to use her daughter in this way! If she was that worried she would've called the paramedics etc. first - sounds like she was speeding away too fast and had to pull up sharply - hopefully she will now learn to keep her distance, especially when you have your offspring on board.

Sadly, it is typical of the way people drive now, no patience, and glue themselves to the backside of the vehicle in front. Plain stupid.