Whiplash? in car accident

hwalkerh

Hi

My partner was in his friends car parked up/engine off when they got hit from behind. Luckily they still had there seatbelts on.

Anyhow that was 2 days ago and still both of them have achy backs and stuffy feeling heads. I am not sure if this is whiplash as does that give you a stuffy head?

His friend is claiming for the damage to the car from the other person. My question is should they be visiting there doctor? Not necessarily to put in a claim now (as i don't think they could claim as aren't currently out of pocket) but in case of any future problems as his friend is a self employed carpenter and my partner is just setting up his own business so both would be out of pocket if they can't work.

What does anyone think?

Crazy_Jamie

Whiplash can often be accompanied by headaches, but what do you mean by 'stuffy feelings heads'? Because I associate that terminology with a feeling akin to having a cold, which obviously is something else entirely.

If the pain is sufficiently bad that it is affecting them in their daily lives (as opposed to a minor hindrance that can be solved by a quick paracetamol) then they should certainly go to their doctor. It is common sense to do so in any event, but if they do end up making personal injury claims the records of them going to their GP will add weight to their claim that they suffered injury.

As to the general issue of whether these injuries are sufficiently bad to be claiming for, it depends on how severe the symptoms are and how long they last. If everything is healed in the next few days I wouldn't bother personally. If they are still suffering from symptoms after a few weeks I would give more consideration to making a personal injury claim.

Rainbow_Liberty

I would agree that they should both see a doctor, just to be on the safe side. I had an accident back in 1989 and just thought I had a stiff neck, after visiting the doctors I was put in a collar for over 3 weeks!!! Could have been much worse.

Check out symptoms for whiplash via google, they might find they have it after all.

Better safe than sorry

sarahg1969

"Check out symptoms for whiplash via google, they might find they have it after all."

I'm sure they will.

Quentin

hwalkerh wrote: »

My question is should they be visiting there doctor? Not necessarily to put in a claim now (as i don't think they could claim as aren't currently out of pocket).....

They definitely should be seeing a doctor.

And you don't need to be out of pocket to make a claim for compensation for an injury.

Contact no win/no fee type claim handling solicitors in the first instance for advice!

hwalkerh

You were all right. He went to A&E today as the doctors told him he has whiplash and mild concussion. The person whos car it was is being sent some personally injury forms by his insurance company. I think it might be worth putting in a claim as for suffering 3 days (plus what ever is still to come) of bad neck and headaches and not being able to do what he would normally do then i think he should have something.

Thanks for all your advise

Quentin

hwalkerh wrote: »

The person whos car it was is being sent some personally injury forms by his insurance company.

Get your own independent advice on progressing this, (ie not from the insurance company, who may just be passing the claim on (for a commission) to a claim handler to deal with).

Crazy_Jamie

hwalkerh wrote:

I think it might be worth putting in a claim as for suffering 3 days (plus what ever is still to come) of bad neck and headaches and not being able to do what he would normally do then i think he should have something.

Three days of whiplash associated pain in isolation is worth only a nominal amount. Wait to see how the symptoms progress, and for know the focus should just be on getting better. There's plenty of time to think about making a claim. Did the doctor give a prognosis period?

Quentin wrote: »

Get your own independent advice on progressing this, (ie not from the insurance company, who may just be passing the claim on (for a commission) to a claim handler to deal with).

I second this.

Katie-Kat-Kins

Quentin wrote: »

Get your own independent advice on progressing this, (ie not from the insurance company, who may just be passing the claim on (for a commission) to a claim handler to deal with).

If these forms came from the driver who was not at fault then it will be fine and in fact by going for a no win no fee solictor when you have been offered free representation funded by insurers could be detrimental to the claim, and they may refuse to act anyway.

However do not enter any correspondence withh the at fault driver's insurance regarding your injuries.

Crazy_Jamie

Katie-Kat-Kins wrote: »

If these forms came from the driver who was not at fault then it will be fine

It may well be fine, but nonetheless the insurance company is likely passing on a name prompted by receipt of a commission and little else. The OP's partner has every right to shop around for a solicitor, and should be encouraged to do so.

Katie-Kat-Kins wrote:

in fact by going for a no win no fee solictor when you have been offered free representation funded by insurers could be detrimental to the claim, and they may refuse to act anyway.

How, exactly? The OP's partner has a right to choose who they are represented by in a personal injury claim.

Quentin

Katie-Kat-Kins wrote: »

If these forms came from the driver who was not at fault then it will be fine and in fact by going for a no win no fee solictor when you have been offered free representation funded by insurers could be detrimental to the claim, and they may refuse to act anyway.

Ignore this advice. Just nonsense! As already posted, we all have the right to use whoever we want to act for us in a PI matter.

All the insurer wants to do is get their "introducer" fee off a PI solicitor for presenting them with a case!

And all solicitors won't be "free" as far as the liable insurer is concerned, as they will be paying the solicitor on top of the injured parties.