Whiplash claim info

Crazy_Jamie

Be aware that, broadly speaking, your injuries will have to be a certain severity before a solicitor will accept your case on a Condition Fee Agreement ('no win no fee'). The reason for this is that solicitors only recover their costs fully if the case is or would be allocated to the Fast Track. The limit for the Fast Track in personal injury claims is £1,000 general damages (i.e. damages for the injury itself). Anything below that is a small claim, which means that solicitors will only be able to recover much lower fixed costs, and therefore would be less inclined to take the case.

I only mention this because you say that you expect your symptoms to subside in a few days to a week, which would be about 10 days of symptoms at best. I actually don't necessarily think that that will be the case if you are currently off work with your symptoms (full recovery from whiplash often takes longer than people think), but if you are correct then the valuation of your case may become an issue for solicitors. That magical £1,000 level equates to roughly a three to four week whiplash injury depending on level of symptoms (if they are 'minor' in your opinion then I would suggest four).

It's just something to be aware of. You have a right to claim compensation regardless of how long it takes you to make a full recovery. Just be aware that solicitors may view your case differently in terms of taking it on a CFA unless your injury is of a certain level.

Alison_B wrote:

It it is about time that the insurance people stood up and stopped making payments for minor injuries like this and maybe then people won't think that it is their automatic right to make a claim and get money.

Unfortunately for insurers (and people who hold your view), refusing to pay out claims like this would result in the incurring of significant costs due to a court case, which would inevitably end in the Judge ordering the insurance company to pay the money. Why? Because people do have an automatic right to claim compensation when they are injured by another person's negligence. It amazes me how many people look upon personal injury claims as people trying to make some quick money. People who make genuine claims have suffered injuries, ranging from the relatively minor to the extremely serious, that have been caused by other people's negligence. It is quite right that people in such a situation are financially compensated by those who caused their injuries, and it makes no sense whatsoever to claim not only that they shouldn't, but by default that the person who has caused these injuries (often through careless and/or dangerous driving in cases such as this) should escape liability for that negligence.

maximus999

Hi lisyloo, thanks for the nice reply,
i have it through my insurance but for to go through my insurance they said i would have to pay the £450 excess to get the car out of the repair garage and i will be refunded when it is all sorted out. They also said my no clims would go from 8 to 6 with my premium going up but will go back to the 8 years when it is sorted.
By going through their insurance it seems a lot faster and nothing for me to pull out upfront, i am just a bit jubious on how they will treat my injury claim now.

And for the person saying disregard for other drivers hits the nail on the head.

Many thanks, i will keep you all updated.

mikey72

You're probably better off going through your insurers for the repair now for expediency, but using a decent personal injury company.

koloko

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PNPSUKNET

no matter what it will have to be declared for the next 5 years (about £30 extra a year for none fault), if genuine fine to claim but I agree with a few posts people use it as a way to make money. This is a big reason for insurance prices.

mikey72

PNPSUKNET wrote: »

no matter what it will have to be declared for the next 5 years (about £30 extra a year for none fault), if genuine fine to claim but I agree with a few posts people use it as a way to make money. This is a big reason for insurance prices.

If the insurance didn't use none fault accidents as a way of making money, maybe it would be a level playing field for all of us then.

PNPSUKNET

I totally agree, but they have to make the money back somewhere.

mikey72

PNPSUKNET wrote: »

I totally agree, but they have to make the money back somewhere.

Two sides to that then.
And why penalise those unlucky enough to have to make a claim.

Crazy_Jamie

koloko wrote: »

I wouldn't want that on my conscience Jamie

Wouldn't want what on your conscience?

PNPSUKNET

mikey72 wrote: »

Two sides to that then.
And why penalise those unlucky enough to have to make a claim.

totally agree, whipcash is very hard to prove. But at least they are lowering the payouts these days so discourages crash for cash