Advice on a whiplash claim (against me!)

adamc260

flimsier wrote: »

In some places, "whiplash" doesn't exist. Because it's not an excuse for an insurance claim.
.

Shame the UK doesn't follow suit... All those grubby solicitors would have to find another way to fund their BMW's and Audis then

Fondue_2

Pitlanepiglet wrote: »

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.

That's no longer the case; fixed costs now apply for low value RTAs. Off the top of my head, it's about £1,500 to trial.

Low speed collisions are pretty controversial, and my personal view is that some people do suffer quite significant injuries in them. In the OP's case though, I suspect that the Claimant may well be swinging the lead, but the insurer will almost certainly pay out something. There are a couple of mitigating factors that they can use to barter down her damages: the delay in reporting the injury to her GP (though she will probably argue that she went when it became clear that her symptoms weren't going to resolve) and the fact that she told the OP that she was fine on day 2 and 3 post-accident (make sure you give your insurer a statement about this). You will lose your no claims I'm afraid, but it might keep your renewal quote down a bit if they can get the value of the claim pretty low.

Crazy_Jamie

Fondue wrote: »

That's no longer the case; fixed costs now apply for low value RTAs. Off the top of my head, it's about £1,500 to trial.

The fixed costs regime applies to fast track cases up to £10,000 in value (current talk is that this will be increased to £25,000 in due course). The exact calculation is £800 + 20% of damages agreed up to £5,000 + 15% of damages agreed between £5,000 and £10,000 + certain disbursements (medical report costs etc) + 12.5% success fee.

It does, however, only apply to those cases that settle. Contested cases do not fall within the regime, so at the end of trials and disposal hearings you do often see costs bills far in excess of the damages award.

There are a couple of mitigating factors that they can use to barter down her damages: the delay in reporting the injury to her GP (though she will probably argue that she went when it became clear that her symptoms weren't going to resolve) and the fact that she told the OP that she was fine on day 2 and 3 post-accident (make sure you give your insurer a statement about this). You will lose your no claims I'm afraid, but it might keep your renewal quote down a bit if they can get the value of the claim pretty low.

They are certainly the two most compelling points in the OP's favour, but as you say they are unlikely to be factors that entirely resist the claim.

There is a tendency when reading a Defendant's account of an accident resulting in whiplash to be far too cynical about matters. Ultimately it doesn't take a lot at all for a whiplash injury to develop. There are those people who fraudulently claim whiplash injuries, but these are in a heavy minority. The simple fact of the matter is that the human body is not very good at absorbing the type of unexpected impact that comes from car accidents, and even minor accidents often result in injury.

C_Mababejive

The degree of damage is not really an indicator of physical harm.

Whip lash is caused by the sudden movement of the body and it is primarily the suddenness of that movement rather than the degree of that movement which is the cause.

I have had a low speed rear end shunt which caused little damage but left me in pain on and off for two years.

The insurance claim was peripheral but did nothing to ease my physical discomfort.

Wrapping a cheque round your neck doesnt produce much warmth.

no-oneknowsme

OP , you say the woman was suffering from a heavy cold when the accident happened ? Maybe she was suffering from the usual aches and pains you feel when you have a bad cold and thats why she didnt realise at first that she had suffered any pain from the accident?

Maybe it took her to get over the illness before she realised that the pain she was feeling was from the accident ?

My OH has suffered 2 non fault accidents so just to give you an idea of the amount the third party *may* be awarded in your situation :

Accident 1 - A third party pulled from a junction into the path of OH. This resulted in OH going into the back of her car at a speed of about 38 mph . Third party was injured and went off in an ambulance . OH (genuinly) felt "ok" at the time, but was in deep shock. Next morning OH struggled to get out of bed . Pain in back , thighs and shoulders. Third party disputed blame as she claimed that my OH went into the back of her (true) but OH got a solicitor on the case who requeted the CCTV footage from the place the third party pulled out from - which just so happened to be a pub car park - and this CCTV clearly showed the third party pulling out into the path of my OH.

This case was settled in favour of my OH . His pains lasted (genuinly) for maybe 7 months and he was awarded £3,000 in compensation and as his car was written off he received £2.000 for it.

Total cost of claim 5k plus solicitors fee on top


Accident 2 - Was just 15 months after the first accident. OH was stopped in a line of traffic . Third party didnt see him stopped and came over a hill , braked but just not quick enough and went into the back of OH . Low speed , infact maybe around 15 mph.

Damage to OH's car was minimal - a cracked bumper £250 !

But , even with low impact speed , for some reason OH was in sheer agony and could barely walk for weeks after the accident.

Again , on visiting a physio , OH was told that this low speed impact had aggrivated the injuries from the first accident and in all honesty my OH suffered way more on this occasion than he did on the first.

This accident was not disputed by the third party and on completion OH was paid £3.700 compensation £250 for car repairs .

Total cost £3.950 plus solicitors fee on top



Just telling you all of this OP as a lot of people say that you cannot sustain serious injury from a relatively low impact collision but OH is living proof that you can , it just depends on previous circumstances.

By the looks of it this incident could well end up costing in the regional of £5k so inform your insurance company and allow them to deal with it.