Help... DH just crashed my car.

sharpy2010

Kira000 wrote: »

there were 5 people in the other car, all of whom are likely to claim whiplash (one claimed it at the scene)

CLAIMED IT AT THE SCENE?!?!?!?!

Whiplash is a medical condition WHICH DOES NOT SHOW ITSELF FOR AT LEAST 24 HOURS!!!! That proves beyond doubt that this scrote is lying. But then, we knew that.

Yet more proof that No win no fee laws are ridiculous.

keith1950

Its going to affect your insurance price, not his!

It will also affect his if he truthfully answers the question 'have you had any accidents in the last 5 years' when he renews his policy. He might not have made a claim on his policy but he has had an accident !!

Crazy_Jamie

sharpy2010 wrote: »

Whiplash is a medical condition WHICH DOES NOT SHOW ITSELF FOR AT LEAST 24 HOURS!!!! That proves beyond doubt that this scrote is lying. But then, we knew that.

To be fair, we do not know what exactly was said by the third party, nor do we know whether or not s/he had any previous medical conditions. Whilst this may well be a cause for concern depending on what was said, it certainly doesn't prove beyond doubt that that person is lying.

sharpy2010 wrote:

Yet more proof that No win no fee laws are ridiculous.

Even if the person is fraudulently claiming an injury, how does that show that Conditional Fee Agreements are ridiculous?

Kira000

Thanks everyone. DH is taking the car to be assessed this morning. It MAY not be as bad as he thought according to the garage. If its under £1k to fix, he is considering paying the repair himself and telling the insurer to cancel that part of the claim. There would still be the 3rd party element of the claim, but maybe would help not to blow my insurance?? What do you think? Is it worth not claiming for our bit of claim?

On the issue of the whiplash, talking to DH, it seems the 3rd party car is a driving school car with dual control- hence noone in the pax seat. However there were 5 people in the car, which means they cannot all have been restrained by appropriate seat belts/booster seats. Could this have an impact on their ability to claim max amounts as surely they wouldnt have had as bad injury (if any) if they were wearing seat belts? I suspect that the insurer will just pay out anyway to avpoid wrangles..

Crazy Jamie- as the driver got out of the car to speak to my DH, the first thing he said was "my wife has whiplash"....

nikki1520

Sounds like the car was overloaded then! Did he mean that his wife already had whiplash from a previous incident?

Kira000

nikki1520 wrote: »

Sounds like the car was overloaded then! Did he mean that his wife already had whiplash from a previous incident?

Yes, i think you are right about the overloading.. DH is kicking himself for not being on the ball enough to take pics of all of them packed in the car.
I suppose its POSSIBLE he meant from a previous accident, but DH doesnt think that was the intent from the statement..

vaio

I wouldn’t have thought that removing your car from the claim would make much difference as the TP & possibly PI bits will still be there.

Having said that, it might be that the TP & PI claims can be done under your DHs DOC cover if he has it.

This would shift all the costs onto DH and leave your policy untouched so might be worth a read of his policy to see what it says.

On the issue of overcrowding/no seat belts in the other car, this might qualify as contributory negligence and result in a reduced payout but on a “simple” PI claim I wouldn’t have thought your (or DH’s) insurance company would think it worth pursuing as legal fees/experts & court costs will almost certainly be more than the saving.

At the end of the day your DH did drive into them and they are completely innocent victims of your hubby’s bad driving

sarahg1969

I think you can guarantee that all 5 people will be placed in separate seats and will have been properly restrained, when it comes time to tell the medical expert how this happened. Sounds like the other driver knew exactly what he was talking about at the scene. maybe he alreday has some knowledge of the claims process.

Kira000

sarahg1969 wrote: »

I think you can guarantee that all 5 people will be placed in separate seats and will have been properly restrained, when it comes time to tell the medical expert how this happened. Sounds like the other driver knew exactly what he was talking about at the scene. maybe he alreday has some knowledge of the claims process.

They CANT have been all in indivdual seats and restrained.. in a dual control learner car being used for personal purposes so pax seat has to be vacant. That leaves driver in front, and 4 in the back. Anyone know a learner driver car with 4 seat belts in the rear?
I accept that they were hit, and its hard to argue they couldnt have whiplash. BUT, the way i see it (and will argue to the insurers), they can either try and claim for all 5, which will prove they werent all strapped in and risk the full claim, or they will have to "lose" a person and go for 4 and claim they were strapped in.

Badger_Lady

Kira000 wrote: »

in a dual control learner car being used for personal purposes so pax seat has to be vacant.

Is that true? I never knew that - I assumed someone could sit in the front as normal. And the driver definitely wasn't a learner being supervised?