Advice on a whiplash claim (against me!)

Jammyh

Hi,
I was wondering if someone could confirm or alleviate my fears. Heres a brief account of what happened.

Day 1: Date of accident - as I approached round-about the person in front did not go when I expected. I had slowed anyway and had time to brake, and hit at probably around 5mph. We both exited the cars, checked the damage (only damage was a crack in the perspex covering the registration plate) and exchanged details. The woman in question was ill (heavy cough and cold). I apologised for the nudge and said I would pay for the repair no problem (even offered to do it myself it was such a small and easy thing to fix)

Day 2: Called the woman, again checked she was ok (which she was apart from illness) and she said she was taking it to the garage the next day.

Day 3: I had a bad feeling about what may happen, so I went to her house and took photos of the damage and also spoke to the woman. Again she was fine apart from illness and came outside to check the car over with me. I reminded her to contact me and I would pay. Later that day I saw her driving around town.

After that I heard nothing from her, so I assumed she just didn't bother contacting me. However now, on the 8th January I get a letter from her solicitor claiming for whiplash!

I contacted my insurer who has said she isn't claiming for damage to the car, since that would be a letter from her insurance, but instead just for the injury (Figure that out). On her claim it says she visited the doctor on 30th December (15 days after accident), did not go to the hospital after that accident, has had no days off work and no rehabilitation due to it. Her injuries include pain to the shoulders and neck and headaches.

I'm 20 years old and studying full time at university, and this solicitor letter is for motoring accidents claiming between £1000-10,000. I simply cannot pay any money nor afford to lose my no claims bonus, and this reeks of someone trying to get a free payout. Does it look like I'll have to pay? Taking into account I have photo evidence of her car, her previous illness (explains headaches) and the suspicious dates, will the insurance company get me out of this?

Thanks for your time,
James

Pitlanepiglet

You don't have to pay, your insurers will deal with any claim. You will lose your no claims bonus though (or a proportion of it dependent on how much you have already).

If she can provide a medical experts report to substantiate her claim then her insurers will have no option but to pay as it will not be possible to prove that her claim isn't genuine.

The only way to avoid this sort of thing is not to drive into someone! You should be disclosing the accident to your insurers and future insurers anyway.

I was shunted at a low speed, little damage to my car (tow bar) yet I've had bleeding months of neck and back pain that I didn't have previously. The body is a funny thing.

Jammyh

Thats the problem, if I lose my no claims discount it will cost me far too much anyway.

I accept that it may be possible, but I presume you didn't wait 2 weeks to seek medical advice? And as far as I can tell if she got an experts report, then they provide physiotherapy and motion exercises as treatment. Added to the fact she didn't lose out on any time at work, any ideas how much the claim will be for?

Quentin

It's no point worrying about the cost of the claim/time delay etc (victims have 3 years to put in a claim for personal injury).

Your NCB loss is inevitable if any payment is made to the third party (no NCD will be awarded for the current year, and you "go down" 2 years from the level you had at the start of the policy year. After the matter is resolved you can reimburse your insuer and get your NCD reinstated, though this wouldn't be cost effective.

Jammyh

Yes they have 3 years to put in the claim, but my point is she could hit me and I claim I went to the doctors for whiplash a year later, doesn't really make sense.

Depending on the cost of the claim, it may be better for me to pay it myself - Insurance for my age and gender is incredibly steep even with the claims bonus. Although obviously if she has the audacity to claim more than £1000 then it will be my no claims taking the hit.

Quentin

You can expect a claim in excess of £1000! Not only do your insurers have to compensate your "victim", but pay all her costs too including her expensive solicitor!

Pitlanepiglet

It's not possible to be accurate about the value of her claim, but it's likely to be in the region of £1250-£1500 for a baseline whiplash claim. Her solicitor's costs are likely to be in the region of £3k-£6k if contested. Higher if it goes to a county court hearing.

OP you're on a loser with this one unless you are going to go and give her £1k upfront now and hope that she doesn't pursue the matter further. Don't forget you are obliged to notify your insurers of the full details of this incident even if a claim doesn't proceed. You also need to notify any potential insurer.

I'm sorry it's going to be difficult for you but unfortunately I can't see any way out of this for you other than putting the claim in the hands of your insurers.

adamc260

Its a messed up system when the solicitors gets more in fees than the 'injured' person gets in 'compensation'

flimsier

Jammyh wrote: »

Hi,
I was wondering if someone could confirm or alleviate my fears. Heres a brief account of what happened.

Day 1: Date of accident - as I approached round-about the person in front did not go when I expected. I had slowed anyway and had time to brake, and hit at probably around 5mph. We both exited the cars, checked the damage (only damage was a crack in the perspex covering the registration plate) and exchanged details. The woman in question was ill (heavy cough and cold). I apologised for the nudge and said I would pay for the repair no problem (even offered to do it myself it was such a small and easy thing to fix)

Day 2: Called the woman, again checked she was ok (which she was apart from illness) and she said she was taking it to the garage the next day.

Day 3: I had a bad feeling about what may happen, so I went to her house and took photos of the damage and also spoke to the woman. Again she was fine apart from illness and came outside to check the car over with me. I reminded her to contact me and I would pay. Later that day I saw her driving around town.

After that I heard nothing from her, so I assumed she just didn't bother contacting me. However now, on the 8th January I get a letter from her solicitor claiming for whiplash!

I contacted my insurer who has said she isn't claiming for damage to the car, since that would be a letter from her insurance, but instead just for the injury (Figure that out). On her claim it says she visited the doctor on 30th December (15 days after accident), did not go to the hospital after that accident, has had no days off work and no rehabilitation due to it. Her injuries include pain to the shoulders and neck and headaches.

I'm 20 years old and studying full time at university, and this solicitor letter is for motoring accidents claiming between £1000-10,000. I simply cannot pay any money nor afford to lose my no claims bonus, and this reeks of someone trying to get a free payout. Does it look like I'll have to pay? Taking into account I have photo evidence of her car, her previous illness (explains headaches) and the suspicious dates, will the insurance company get me out of this?

Thanks for your time,
James

It's happened to me, when I was driving in the bus lane, about to turn left and a bloke turned left across me (I was allowed to be in the bus lane)... he claimed for £4k despite him having turned across me - I won in court.

Three years later - a woman was speeding. I pulled out after not having seen her, stopped. She hit me after breaking, probably at about 15mph. There was some damage to the front of her (n reg) car. She gained over £8k. I can't prove she was speeding and In was at fault. I lost my ncb. She was fine until she used my phone to phone her husband, at which point she said "OK" to him, sat back in her car and said her back was agony, her shoulder was agony, and she needed an ambulance.

The police came, and they said to me "don't worry; we see this all the time - this is about money" - though they shouldn't say this, I could see she was fine.

I think you've got no chance. When I went to get the damage repaired on my car (I only had 3rd party) the guy's eyes (the guy at the garage) lit up as he heard accident and he wanted to refer me to an accident management company - he said that I'd have to go to his doctor as it was 18 days after the accident, and I'd have to state things like "I have gone to the gym less" and things like that.

I pointed out that I'd pulled out and he shut up.

I really feel for you.

flimsier

In some places, "whiplash" doesn't exist. Because it's not an excuse for an insurance claim.
I've had back pain since my accident. I don't dare claim it's that accident. My body gets put under more pressure from the bus braking hard when I'm standing up.

victoriaplum1

Someone drove into me at high speed years ago (luckily I had a tow bar that took alot of the impact) but I still get problems with my arm, back and neck - the body is indeed a funny thing and you would be surprised at how even a little nudge can cause issues as I was bumped again recently on a round about (same kind of scenario as your incident) only at slow speed and because driver behind assumed I had driven off, and I can tell you that I suffered with my back and neck again....you tense up when you get hit by a car and it can cause lots of problems (I didn't claim this time, I didn't think it was severe enough and it is such a long drawn out process anyway it is very stressful) - maybe the other driver didnt seek medical attention straight away as she thought she was ok, sometimes these things don't come out in you straight away. Any claim for whiplash should be dealt with through your insurers so you wouldn't have to pay the claim yourself....but I would suspect it will be a fair way above £1k.....your insurer may offer a payout around that mark but no saying she will take it - though she might....I didn't have physiotherapy or other rehabilitation offered to me when I had whiplash, just several assessments to ascertain that my claim was genuine and later on cognitive therapy regarding nervousness of driving again after the accident.