car crash legal query

sarahg1969

The problem with the medical evidence that it will all be based on what you say - entirely subjective. There are no real objective tests for minor whiplash injuries - that's why they are commonplace these days. They are almost impossible to disprove. However, if the other side have evidence that this was a very low-speed impact, and that there would have been no displacement of the occupants within the vehicle, then it's up to the courts to decide whose version they favour.

vaio

Gene_Hunt wrote: »

No damage means no need to exchange details, any injury in a two vehicle crash makes it reportable. As per the RTA you reported.;)

As I said, getting circular but also worth pointing out that fault, other possible offences and severity of injury have no effect on whether an accident is reportable.

In a non-injury accident as long as s170(2) is complied with then no need to report.

In an injury accident as long as s170(2) and s170(5) is complied with then no need to report.

ukjoel

Hi - At the time of the crash I didnt note any serious injuries was more shaken and shocked. Cant be sure how far I was shunted but it was enough for there to be clear space between the cars to look for damage so between a foot and 4 or 5 feet.

I reported it to my insurance company when I got home but other driver went on holiday I think and didnt report it until they were questioned about it a couple of weeks later.

With hindsight I should have called police but wasnt really thinking straight and was holding up the traffic. I was sent to hospital a few days later by my GP with suspected fractured ribs but unfortunately they didnt x ray as they cant treat them was sent home.

taffy056

You will win this as medical evidence takes precedence over any mechanical reports, I was involved in an accident some years ago when I tapped the rear of a driver instructors car, there was nothing wrong with him, but my insurance company just paid him despite my objections and proof there was no damage to the car.

The reason why was because it would cost tens of thousands to defend the case, it would be cheaper just to pay as the judge would simply go on medical evidence, a senior claims handler informed me of this.

sarahg1969

taffy056 wrote: »

You will win this as medical evidence takes precedence over any mechanical reports, I was involved in an accident some years ago when I tapped the rear of a driver instructors car, there was nothing wrong with him, but my insurance company just paid him despite my objections and proof there was no damage to the car.

The reason why was because it would cost tens of thousands to defend the case, it would be cheaper just to pay as the judge would simply go on medical evidence, a senior claims handler informed me of this.

But the insurers ARE defending. They've already said they're rejecting the claim. And a Judge listens to all of the evidence. If the insurers have only obtained a mechanical report, then that won't hold much weight as a forensic vehicle examiner's report, granted. But the Judge will listen to all of the evidence and then make a decision. He won't just listen to the medical evidence. You have to bear in mind that the medical evidence will probably be very subjective - the examiner will just report on what the OP tells him. That's usually the way with whiplash.

The OP will need to speak to his solicitors for further advice.

atrixblue.-MFR-.

Gene_Hunt This message is hidden because Gene_Hunt is on your ignore list.
:T suggest hit the ignore button just as effective! gene hunt will do the swings and roundabouts posts 24/7 365 if you feed it.

cyclonebri1

And yet we have another trashed thread by genie and his supporter, Inactive. Check the thanks

Sorry Inactive, but this mutual thanking/support thing is damaging this forum. You should choose your allies more carefully:(

Inactive

cyclonebri1 wrote: »

And yet we have another trashed thread by genie and his supporter, Inactive. Check the thanks

Sorry Inactive, but this mutual thanking/support thing is damaging this forum. You should choose your allies more carefully:(

How is that any of your business 'bri?

How is my thanking anyone " damaging this forum " ?

I stay within the rules of the forum, that is all that matters as far as I am concerned.

cyclonebri1

Inactive wrote: »

How is that any of your business 'bri?

How is my thanking anyone " damaging this forum " ?

I stay within the rules of the forum, that is all that matters as far as I am concerned.

I didn't say that, but the amount of self praise you are heaping on this guy is perpetuating his stay.

I come on here out of interest, to ask advice, and because I have a pretty good history of motoring both on a budget and and when you have a few £'s to spend.

If I was alone in the view that he shouldn't be encouraged I'd butt out and accept I'm wrong, but I'm not.

Enough said from me, like yours it's just my opinion, but opinion is one thing, pointless drivel is another.

Gene_Hunt_2

cyclonebri1 wrote: »

I didn't say that, but the amount of self praise you are heaping on this guy is perpetuating his stay.

Sorry bri:wave: but you're the one and only one that's doing that.;)