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Car Crash URGENT help needed!!

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Comments

  • lisyloo
    lisyloo Posts: 30,113 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I fully appreicate it's a difficult problem to solve.
    Doesn't mean it's not an issue though.

    For example a lot of money goes on NHS compensation rather than healthcare and a lot of money is spent by councils on claims rather than repairing the roads.
    I know I'm on my soapbox and of course there are genuine cases, but ultimately it's not in the public interest, because it's our money being spent.
    Ill get off my soapbox now ;)
  • Katie-Kat-Kins
    Katie-Kat-Kins Posts: 1,741 Forumite
    1. Always always always report accidents to your insurance company straight away even if you don't intend to claim. Failing to notify them can result in them refusing to indemnify you.
    2. Whiplash injuries commonly happen in relatively low velocity accidents, the effects often don't show up until the next day and typically passengers suffer more than drivers. So these friends may very well be genuine.
    3. If they aren't genuine most insurers are taking low speed impact cases much more seriously and some have specialist solicitors to deal with these cases.
    4. Most insurers are also much more alive to the risk of fraudulent claims now and have specialist solicitors. If these friends are faking it is highly likely they will be subject to covert surveillance and specific medical tests designed to detect this.
    5. If they are found to be fraudulent they could be made to pay costs out of their own pockets or could even face criminal proceedings. Perhaps worth mentioning to the "friends"?
  • To be honest Im a little surprised by some of these responses. Taking aside a) whether you believe my brother was driving too fast, b) the "friends" claim is fraudulant or not c) your brothers sisters aunts goldfish trauma - which if you read my OP you will see I have addressed

    What I wanted to know is, assuming there is only £50 damage to the vehicle, assuming there is a £700 excess and assuming the "friends" are claiming fraudulantly what if anything can my brother do?

    I know that in some sections of this forum there seems to be a general claim culture, and im not arguing with this, live as you wish, i am instead looking for some informed help relating to the circumstances that i have explained. Being if my brother is getting the repair work carried out on his vehicle privately and his friends make their claims will he have to in effect subsidise their claim via the excess or does this purely apply to his car repairs etc?
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Your brother does not have to pay the excess if he is not claiming for his car to be repaired.
  • moredough
    moredough Posts: 154 Forumite
    KatP wrote: »
    2. Whiplash injuries commonly happen in relatively low velocity accidents, the effects often don't show up until the next day and typically passengers suffer more than drivers. So these friends may very well be genuine.

    I disagree. Surely a small bump causing only £50 of damage to the vehicle, would not cause anyone inside the vehicle any damage.

    The excess surely is for comprehensive insurance, where the car is insured for an at fault accident. Does third party insurance have an excess?
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It is feasible that an accident costing £50 to repair could cause whiplash. Bear in mind the car end up in a ditch so would have stopped very quickly which is what normally causes whiplash.

    Once again you do not have to pay the excess (With the vast vast majority of Insurers) if you are not claiming for the repairs to your own vehicle irrespective if the other party or your passengers claim off your insurance
  • KatP wrote: »
    4. Most insurers are also much more alive to the risk of fraudulent claims now and have specialist solicitors. If these friends are faking it is highly likely they will be subject to covert surveillance and specific medical tests designed to detect this. QUOTE]

    Covert surveillance for a standard whiplash claim is highly, highly unlikely unless there is some kind of immense loss of earnings claim.
  • Quentin
    Quentin Posts: 40,405 Forumite
    What I wanted to know is, assuming there is only £50 damage to the vehicle, assuming there is a £700 excess and assuming the "friends" are claiming fraudulantly what if anything can my brother do?

    As already advised, don't worry about the excess. As long as you don't claim for the £50 of own damage there will be no excess to pay whatever the outcome of the injury claims from the friends.

    All your brother needs to do about the "fraudulent" claims is pass them on to his insurer and let them deal with the issue. That's what you pay them for.
  • Katie-Kat-Kins
    Katie-Kat-Kins Posts: 1,741 Forumite
    Are you a doctor? This is currently a very contentious area, and there are lots of doctors prepared to stand up in court and say that a low velocity impact can cause a whiplash injury, indeed that any action which causes a person's head to be moved forward off the headrest due to acceleration/decceleration can cause whiplash.

    In fact no damage to the vehicle is required, a whiplash could be caused by emmergency breaking or mounting a kerb.

    Damage to a vehicle is no indicator of the level of injury to the passengers and this is accepted by the courts.
  • Katie-Kat-Kins
    Katie-Kat-Kins Posts: 1,741 Forumite
    Depends upon the insurers, the circumstances of the accident and a variety of other factors. I am aware of a good many cases where the cost of investigations has exceeded the value of the case precisely because some insurers are taking a stand against fraud.

    A bunch of young men having an accident late at night with no other vehicles involved would raise my suspicions, there are some very sophisticated analysis of claims out there to detect fraud.

    In any event it does no harm to let the "friends" think that they will be found out if they are faking.
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