2mph accident - insurance have paid out £5K to other party!!!

sarahg1969

Just_Some_Guy wrote: »

You can't disprove whiplash...

I was reading an article the other day about whiplash assessments outside the UK. Apparently, in some countries, there are some objective tests that are conducted. I'll see if I can find it when I get back to work next week.

I guess it's such big business for the medics and lawyers in this country that they wouldn't be too keen on carrying out such tests over here.

lisyloo

You can't disprove whiplash

It's not totally impossible to disprove people are lying.
There have been benefit fraud cases where investigators have filmed people doing aerobics or heavy lifting which proves they lied about their symptoms.
The problem is that it isn't commercially viable in small cases, so in practice it rarely happens.

The reason insurance premiums are so high is that most people want compensation and car hire when they are pranged.
I totally agree with genuine compensation, but don't agree with fraud.
The problem is at the moment it's very difficult to disprove and insurers are reluctant in low value cases because of the relatively high costs of going to court.

There isn't really an answer except being extremely careful when manouvering (getting out of the car may times if necessary).

sarahg1969

Another article I read said that 47% of car accidents in the north west result in injury claims, but that only something like 20% do in Scotland. Again, I'll check it out tomorrow. I wonder if the Scots are a more hardy breed than we are here in the NW? or just more honest?

2sides2everystory

If that 47% statistic is true then it most definitely describes rampant dishonesty of some kind.

Parking_Trouble

I read an article recently that says the UK is the PI capital of Europe.

Whiplash is difficult/impossible to prove as it does not show up on scans. Therefore if you tell the doctor your neck hurts you are given the benefit of doubt.

The insurance companies often settle pre-medical to keep costs down. They are unlikely to get a second opinion. You are pretty much guaranteed a payout with a PI claim.

What is galling are the ambulance chasers costs which are greater than the figure paid out to the "injured" party. The lawyers are paid £1,000's for doing what exactly?

The clerical staff dealing with claims are not medically or legally qualified. It is an admin role, following a process with cursory checks. The insurers all play the same game so pretty much a cartel.

I have read that in Germany these PI claims are dealt with in a court. Any collision under 10 kph is not allowed a PI claim. Sounds like a better system to me.

Put these claimants in front of a judge and lets see how many pursue their claims.

I work in a bank where customers claiming phantom withdrawals from their accounts go through a number of grillings from staff trained in weeding out false claims. Most customers drop their claims.

Yes I am a bitter victim of a PI claim and in dispute with my ex-insurer.
They are one of the few insurers that take referral fees so they are in bed with the ambulance chasers and feed off this disease that afflicts the UK motor insurance industry.

It needs changing.

maginot

Would you rather have a £5k claim or a £30k claim. Unfortunately you were responsible for the accident, I presume they have medical evidence to support their claim? Depending on how they moved, you could easily have injured their neck!
Defending the case would have cost significantly more for a fault claim, plus how would they defend it? Pay for their own doctors to categorically deny whiplash doesn't exist?

Parking_Trouble

maginot wrote: »

Would you rather have a £5k claim or a £30k claim. Unfortunately you were responsible for the accident, I presume they have medical evidence to support their claim? Depending on how they moved, you could easily have injured their neck!
Defending the case would have cost significantly more for a fault claim, plus how would they defend it? Pay for their own doctors to categorically deny whiplash doesn't exist?

A type of injury that is not possible to prove. Therefore open to fraud.
The way it works these days is that if you are at fault it opens up the floodgates for PI claims which are paid up without question.

Why do the legal costs exceed the amount paid to the "victim"?
Why does it need a lawyer? These cases very rarely make it to court.

lisyloo

If that 47% statistic is true then it most definitely describes rampant dishonesty of some kind.

Not necessarily.
There could be numerous explanations - like lack of solicitors in Scotland willing to do that type of work or perhaps people aren't as aware of their rights.

PI claims which are paid up without question.

No that's not right. If you had a bruise and wanted £20K then I can assure you that you wouldn't get it.
When my MIL had a claim she had to see a medical examiner chosen by the 3rd parties side, so no, they are not just paid out.
The medical evidence is checked and in some cases you have to go for more tests/examinations.

Why do the legal costs exceed the amount paid to the "victim"?

Because solicitors are a highly trained profession and therefore expensive.
Also medical fees need to be paid and also expenses (taxis?).

Why does it need a lawyer? These cases very rarely make it to court.

You still need a solicitor to advise you whether the amount you are being offered is reasonable and to give you legal advice whether to accept/reject/go to court.
The average person has no idea what compensation is reasonable for suffering.
How on earth would an ordinary person know whether they are being ripped off with a low offer or whether it's reasonable and they should accept.
Frankly most people would have no idea whatsoever.
Also some people need negotiating through the legal process. My MIL is 84, doesn't hear or read well, there is NO WAY she could take anyone to court without assistance.

[Deleted User]

maginot wrote: »

Would you rather have a £5k claim or a £30k claim. Unfortunately you were responsible for the accident, I presume they have medical evidence to support their claim? Depending on how they moved, you could easily have injured their neck!
Defending the case would have cost significantly more for a fault claim, plus how would they defend it? Pay for their own doctors to categorically deny whiplash doesn't exist?

I have no issue taking the blame for the accident just not paying for some scrote who wants a payday...

[Deleted User]

If I ever get involved in another accident tell you what I'll be doing - if you cant beat them join them.

For this accident, I had tons of phone calls from companies asking me if I wanted to claim PI - obviously got my name from my insurance company.

I wish now I'd claimed I was injured too and got my company to pay out to me also. Its down as a fault claim anyway and it seems a £500 claim is treated the same as a £10K with injuries (according to recent car insurance quotes I just got).

Gotta go - I can feel my neck stiffening it and my wallet getting fatter....

It really is pathetic the way the system works...