Whiplash claim info

Crazy_Jamie

Alison_B wrote: »

Hopefully now you will see why I was annoyed.

Entirely understandable. For what it's worth it sounds like your son was involved in what is called a Low Velocity Impact (LVI) incident, which is where the insurer essentially argues that, whilst the collision was caused by their driver's negligence, the contact was so minor that no injury could have resulted from it. It has its own set of case law and procedural rules that apply to it. Unfortunately this is swift becoming a tricky and expensive argument to run for insurers, and the simple fact of the matter is that they lose most of these cases at great and wholly disproportionate expense in terms of costs.

The reason for that is that the medical field is, as a whole, undecided as to how low speed needs to be discount the possibility of injury. For every medical expert that says that injury was impossible at that speed, there will be another who says that it is possible. In the same way that a car can absorb minor cosmetic damage in a way that causes internal damage, the research is inconclusive on how a person within a vehicle absorbs slight but unexpected movement within a vehicle. In the same way that cars can be more damaged that they first appear, many medical experts conclude that those within a vehicle that is hit lightly from behind can in fact sustain injuries that neither themselves nor anyone at the scene expected at the time (indeed, whiplash in most cases doesn't develop instantly).

So it's certainly frustrating from a Defendant perspective, but unfortunately the simple fact of the matter is that the validity of these sorts of complaints is, for now, largely upheld by the Courts because there is no definitive medical evidence to discount it.

maximus999

Alison_B wrote: »

My apologies for my comments earlier OP I was not doubting your injuries.

Let me explain why my comments. My ds was coming home from work a couple of weeks ago. It was dark, raining and heavy traffic/standing traffic. The car in front moved off and so did my son, then the car in front slammed on his brakes. My son braked quickly but scraped the bumper of the other car. It was only a scratch and the repair has come back as £211 which included paint, labour and VAT so it shows how much of an accident it was. The people in the other car have gone to one of these solicitors that do a no win no fee and are now claiming for whiplash and saying that they have had to have in excess of 2 weeks off work. The insurance people said to my son that this seems very excessive for the damage caused to the car but there is nothing that they can do about it. They will just have to pay up. This accident happened at no more than 5 mph if that.

We had sorted out to pay the bill for the car damage but now that a PI claim has been accelerated, it has to go through the insurance. Now my son has lost his no claims and his insurance will more than likely go through the roof (as if it wasn't high enough before).

Hopefully now you will see why I was annoyed.

Hi Alison,
I am sorry to hear that, that surely does sound like milking for all its worth and these type of situations tarnish the honest people out there who are genuine. As this is a massive easy free money scheme i think the insurance companies should do more to prevent this kind of claim, I know it would be hard but i think they should watch every single person secretly to validate if the claim is true or not, but because this human rights crap i dont think it would ever happen, me personally i would not be bothered as i think it should be their right to watch me as i am claiming from them,
Its like the whole benefit fraud melarky that goes on, it boils my pee. people who falsly claim should go to prison for fraud as they are not defrauding the insurance company but the many millions of people who do pay insurance.
They same crime does not pay, in my eyes it does and pays well. Unfortunately for me i pay all my taxes (£650 deductions a month), I am british and i have a concionce (if thats how you spell it)
Anyways my car has just been taken away and i am looking at 2 weeks for the repairs to be done due to the high amount of accidents that are happening lately, so to me if they do offer me compensation i look at it as for my minor injurys (as i am stilla live and breathing) and for the total hasell of not having my car, having people run me around and not to think of how my company will think of me being on the sick this time of year hence why i am wanting to go back to work now, but the job i do will only make the aches worse.
Just a last note, i reported the accident to the police to get an incident number and informed them that there was only me in the car and a friend of mine said why did you not say i was a passenger, which really peed me off, Honesty is always the answer.
Thanks again

maximus999

SusieWinwood wrote: »

Just to add my two penneth in. I was involved in a crash in January 1997. My ex was driving, I was a passenger. The car pulled out of a blind junction straight into our path and we t boned him. I was in A and E an hour after with pain in my neck and shoulders.

I never had an xray just sent home with painkillers. I did have an xray for my claim the year after and the Cons said I'd be ok within 18 months 2 years. :mad: I was paid £2000 compensation in March 1998.

Almost 14 years later, I still have severe pain in my neck back and shoulders. Physio, traction and acupuncture have zero effect. I go to the Osteopath at £32 a session to have my spine and neck put pack in place. I ended up with 4 compressed vertebra, 2 of which have gone back in, the remaining 2 will never go back in properly.

Just because the OP doesn't have severe pain now doesn't mean it will not appear in the future.

BTW Osteopathy is considered an 'alternative therapy' so not available on the NHS so sessions have to be paid for. :mad: I usually have 3 sessions to get right, so these £100 soon add up!

Hi susan, thanks for a reply, you are right in saying that i could suffer maybe years down the line, that i dont know if i will. Hopefully i wont. But how do these companies know this when they offer a settlement. I have done my best up to now by the way of not taking a courtesy car straight away which is going to save them money, but i want to get back to work as i am really bored 4 days in on the sick and its driving me mad sitting here typing messages haha but its all for good reading i guess.

Crazy_Jamie

maximus999 wrote: »

I know it would be hard but i think they should watch every single person secretly to validate if the claim is true or not, but because this human rights crap i dont think it would ever happen, me personally i would not be bothered as i think it should be their right to watch me as i am claiming from them

Actually, surveillance evidence is used regularly by Defendants in personal injury claims, and there has actually been a very recent development in this area in terms of case law. It is generally used in higher value claims where it is suspected that the Claimant is exaggerating their injuries. It's not used in all cases for two reasons. Firstly, it is expensive and the cost of it is rarely recovered by insurance companies. Secondly, irrespective of what the average person may think the vast majority of personal injury claims are entirely genuine. If surveillance evidence was used in every case it would be a huge waste of money for insurers by and large, which of course would be passed on in terms of premiums.

maximus999 wrote:

But how do these companies know this when they offer a settlement.

They don't; that's the whole point. Once your case is settled you cannot go back for more money, which is why it is in the insurer's interests to settle a case like yours as early as possible. Which is turn is the reason why you should wait to see how your symptoms develop before even considering accepting an offer of settlement.

lisyloo

And why penalise those unlucky enough to have to make a claim.

Because "unlucky" people are more likely to claim again in future (statistics show that).

I believe that some people live in areas where they are more likely to suffer a claim than others.
Some people live on very quiet streets and others live in busy streets where they are more likely to have a bump. Postcode can not count for this completely.

Some risk assesment/pricing is done by asking questions e.g. postcode, but some is done based the actaul claim experience.

The increased premium just reflect that you live/drive work in a more risky area than average or if you like you are less "lucky" than average.

evie-mays-mum

Im sorry to say but the whole system is open to abuse.
my brother in law was involved in an accident during the snow last year.
There were 2 passengers in the car,he knows this as he sat in the back of there car whilst exchanging details...........so imagine his surprise when he was later informed that all 4 passengers would be making a whiplash claim!!
Nobody has just an accident nowdays and first thoughts turn to what they can claim
OP im not bein funny but you were involved in an accident and a couple of days later you are on here asking how much you can expect to be awarded not advice on what long term probs you can expect etc

mikey72

lisyloo wrote: »

Because "unlucky" people are more likely to claim again in future (statistics show that).

I believe that some people live in areas where they are more likely to suffer a claim than others.
Some people live on very quiet streets and others live in busy streets where they are more likely to have a bump. Postcode can not count for this completely.

Some risk assesment/pricing is done by asking questions e.g. postcode, but some is done based the actaul claim experience.

The increased premium just reflect that you live/drive work in a more risky area than average or if you like you are less "lucky" than average.

I would really be interested in your source for that, as I have never, ever, seen any proof at all of this, but it does appear to be good to provide an extra source of revenue from customers.

maximus999

evie-mays-mum wrote: »

Im sorry to say but the whole system is open to abuse.
my brother in law was involved in an accident during the snow last year.
There were 2 passengers in the car,he knows this as he sat in the back of there car whilst exchanging details...........so imagine his surprise when he was later informed that all 4 passengers would be making a whiplash claim!!
Nobody has just an accident nowdays and first thoughts turn to what they can claim
OP im not bein funny but you were involved in an accident and a couple of days later you are on here asking how much you can expect to be awarded not advice on what long term probs you can expect etc

Hi evie,
Yes you are correct, but i am not going to make a song and dance on how long i will be suffering for, it has happened so why should i think long term (i can only go off what i feel right now), and as i said i dont think it will be and if i was just after jumping on the band wagon to get quick cash i would be saying things like i cant walk, i am in constant pain and my life is ruined for years to come, WHICH i am not, I am looking at this as Its happened get on with it and get over it. AS i am able to make a claim by law, may i add, why should i not ask for peoples advise to make sure i am not being fobbed off by their insurers?? or try and get the right advise as that is what this site is for. I am sitting around and using my time on here for reassurance from members as i have never had this happened to me before and i am unsure on what to do.
If viewers on here dont like what they read dont read it and make their views known as it is not them in my shoes!! and i am not really interested in what they think. MY LIFE HAS BEEN SOME WHAT EFFECTED BY THIS IDIOT DRIVER WHO COULD NOT DRIVE SO WHY SHOULD I NOT BE COMPENSATED FOR THE HASSLE AND TIME FOR ME TO GET THINGS PUT BACK RIGHT.!!!!!!!!!! The end

evie-mays-mum

maximus999 wrote: »

Hi evie,
Yes you are correct, but i am not going to make a song and dance on how long i will be suffering for, it has happened so why should i think long term, as i said i dont think it will be - but judging by other comments it may happen! AS i am able to make a claim by law, may i add, why should i not ask for peoples advise to make sure i am not being fobbed off by their insurers?? or try and get the right advise as that is what this site is for.
If viewers on here dont like what they read dont read it and make their views known as it is not them in my shoes!! and i am not really interested in what they think. MY LIFE HAS BEEN SOME WHAT EFFECTED BY THIS IDIOT DRIVER WHO COULD NOT DRIVE SO WHY SHOULD I NOT BE COMPENSATED FOR THE HASSLE AND TIME FOR ME TO GET THINGS PUT BACK RIGHT.!!!!!!!!!!

You are on a public forum!!dont tell people not to comment just because you dont like what they put,obviously you have made your point LOUD AND CLEAR!!!!!!!!!!! only people that can advise on what money you can get should reply
In your own words quoted above "MY LIFE HAS BEEN SOME WHAT EFFECTED" made me ask the question as to why you were only asking about the financial benefit and nothing else.
And for the record i have "been in your shoes" so now your turn to not comment on something you know nothing about

lisyloo

You should be compensated.

However there is an important point here that you should get medical advice to make sure you don't inadvertantly make your suffering worse long term.
I am not a medical person so I would not give advice, but when I had whiplash I was told to keep moving my neck to avoid the formation of scar tissue.

I would emphasise that you should get your own advice as that was given to me in the context of my injuries and may be innappropriate for someone else, but your actions in subsequent days MIGHT determine whether you make a quick full recovery of whether you have longer term problems.