Third party claiming damage to car and claiming on insurance

lisyloo

But now has decided to claim whiplash, the accident was under 5MPH in a car park.

Whiplash car occur at slow speeds if you suddenly come to a complete stop.
The human body is not designed to cope with this.
For example at higher speed the Aorta (main blodd vessel to heart) will simply rip out because it is not flexible in length.

You say this is ridiculous but you know nothing about this persons medical history.
They could have had a previous neck injury or athritis - you simply don't know.
Someone can appear perfectly health at the scene through shock and symptons can take time to appear.

Hopefully common sense will prevail.

Whether this is a genuine case or a exaggerated one, I doubt that very much.
The other person has the upper hand as your insurer will not want to risk the high costs of going to court.

Having said that if your insurer feels the claim is fradulent, then they can simple repudiate the claim and say "sue us".
Then the ball is in her court to take you to court or not.

A pedestrian hit my FIL's car.
The insurer (Norwixh Union) refused a personal injury claim.
The pedestrian never took it to court.

So your insurer CAN turn down the claim.
However unless you hav medical knowledge about whiplash injuries I don't think you are in any posistion to say her claim is fradulent without knowing anything about her state of health.
BTW - If she does have pre-existing injuries or diseases then the liable party is liable for the actual damage caused.
So if you did damage to a fragile person it could cost a lot more than a healthy person depsite the accident being the same.

But basically you have to leave it to your insurer to decide.
They will make the decision.
Sometimes they settle out of court as it's expensive to go to court.
If they feel it's a "try on" they can simply refuse the claim and then it's up to her solicitors to decide if it'sn worth going to court.
But given that whiplash can occur at low speeds then I'd say she is in a strong position and why shoudln't she be compensated for what someone did driving into the back of her???
I don't think people should exaggerate their symptoms, but if they have suffered physical pain, mental anxiety or financial cost then they should be compensated appropriately.

pottski

lisyloo wrote: »

Whiplash car occur at slow speeds if you suddenly come to a complete stop.
The human body is not designed to cope with this.
For example at higher speed the Aorta (main blodd vessel to heart) will simply rip out because it is not flexible in length.

You say this is ridiculous but you know nothing about this persons medical history.
They could have had a previous neck injury or athritis - you simply don't know.
Someone can appear perfectly health at the scene through shock and symptons can take time to appear.

Whether this is a genuine case or a exaggerated one, I doubt that very much.
The other person has the upper hand as your insurer will not want to risk the high costs of going to court.

Having said that if your insurer feels the claim is fradulent, then they can simple repudiate the claim and say "sue us".
Then the ball is in her court to take you to court or not.

A pedestrian hit my FIL's car.
The insurer (Norwixh Union) refused a personal injury claim.
The pedestrian never took it to court.

So your insurer CAN turn down the claim.
However unless you hav medical knowledge about whiplash injuries I don't think you are in any posistion to say her claim is fradulent without knowing anything about her state of health.
BTW - If she does have pre-existing injuries or diseases then the liable party is liable for the actual damage caused.
So if you did damage to a fragile person it could cost a lot more than a healthy person depsite the accident being the same.

But basically you have to leave it to your insurer to decide.
They will make the decision.
Sometimes they settle out of court as it's expensive to go to court.
If they feel it's a "try on" they can simply refuse the claim and then it's up to her solicitors to decide if it'sn worth going to court.

I do appreciate what you are saying, perhaps I am jumping to conclusions too early. Thank you for your help though, can this type of thing take a long time or do the insurance companoes try and sort if fairly swiftly?

PNPSUKNET

most whiplash claims are fake, people are told what to say and it can not be proved by a doctor as its tissue damage. But this is one of the biggest reasons why insurance is so high as it has had to cover this cash some how

lisyloo

can this type of thing take a long time or do the insurance companoes try and sort if fairly swiftly?

If your insurer refuses the claim, then she has 3 years to take the liable party to court.
If nothing is heard you cannot be sure she won't change her mind. It's her call.
We had to wait 3 years in my FILs case before the case could be closed.

If they pay up then it will still take months because your insurer may well want her to visit their medical specialist.
If she has ongoing health problems then it could certainly drag on.
There will be negotiations that will take months
e.g. your insurer will offer £X, her solicitor will almost certainly refuse the first offer.
You insurer will drag their feet as they don't want to pay out.
Her solicitor will threaten legal action when nothing happens.
Your insurer will offer a better offer.
At some point her solicitor will advise she accepts.
So could still take 6-12 months and thats assuming no on-going health issues.

In actual fact it doesn't make any odds to the driver how long it takes or how much she is paid out, because it's prrety clear who is liable in a rear shunt.
The only difference is that some future insurers ask the cost of a claim and that could make some small difference to future premiums, but other than that there is now a fault claim with injuries, however long it take to settle, the only variable is the cost (and she won't get a fortune for minor whiplash).

Quentin

pottski wrote: »

I do appreciate what you are saying, perhaps I am jumping to conclusions too early. Thank you for your help though, can this type of thing take a long time or do the insurance companoes try and sort if fairly swiftly?

Your partner's insurance will be sorted out swiftly (though the case may take months to be concluded).

The claim that has been made will go on her record immediately - from what you have told us, then she is liable and so this will be marked down as a fault claim, which she will have to declare if changing insurer over the next 3 to 5 years, and her NCD (unless protected) will be affected at renewal.