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Someone wants to claim personal injury, what to do?

I was driving 4 young children (all under 10, 2 of them are my neighbour's kids) to school this morning, traffic was slow at 08:35. I pressed the break a little to late & thump a supermarket van in front of me. It was a v small thump, no damage to any cars involved but the driver went out to tell me that he's going to call my insurance about his neck. I went to the supermarket half an hour after, the manager hasn't received a call from the driver re. accident. I called my insurance to report. I've been seeing many advertisements inviting people to sue for injury that already passed. I can't put my mind to rest, not knowing if & when this driver will sue. How long would this guy have to claim injury?

Comments

  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    He has quite a long time unfortunately (I think it's 3 years).

    He would not have been able to tell the extent of his injuries immediately but it sounds like this guy is minded to sue for personal injury.
    This will affect your no claims but you won't have to pay anything because any payment will come out of your 3rd party insurance.

    My parents had a accident involving a pedestrian in September 2005.
    They very recently received a claim 18 months later.

    It sounds like the guy is minded to move quickly but he might be advised medically to wait and get the extent of his injuries assessed before putting in a claim.

    I don't think there is anything you can do I'm afraid.
  • You need to talk your insurance company, pronto. If he does "sue" it will probably be an insurance claim - they would pay out, not you.

    Write down your account of the entire incident - every detail you can remember. Do it now as you will forget little things. Then call your insurance company and discuss it with them.
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • Astaroth
    Astaroth Posts: 5,444 Forumite
    As pointed out, he has 3 years from the date of knowing to make a claim - for a soft tissue injury like whiplash he should know within a day or two.

    If he does go down the no win no fee route then you most likely wont hear anything about it for a couple of months at least as the solicitors will want to organises assessment by a physio etc all of which pushes up their fee - if they contacted you/ your insurers straight away then the insurer may arrange these which whilst it doesnt change the claimants settlement does decrease the solicitors fee if it doesnt fall under a fixed fee agreement.

    As you have been involved in an accident you must inform your insurers. I would report the incident on an information only basis so that 1) you comply with the requirement and 2) they can respond having heard your side of the argument rather than the first thing they ever get being a letter of claim from a solicitor with no account of the circumstances from you.
    All posts made are simply my own opinions and are neither professional advice nor the opinions of my employers
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  • maisy-mai
    maisy-mai Posts: 160 Forumite
    I thought whip lash takes a few hours or days to come out ??????? unless it was a big impact hit cars damaged etc.???

    mine did and I felt fine straight after and my car was damaged has taken over 12months to improve and still not quite right .
    he told you straight away it was hurting ?? and carried on working if he was in that much pain he should have got it checked out ???
    have you informed your insurance company make a note of everthing that happened and what he said you may forget it in time .
    did you have witnesses to say both cars were not damaged ??? I forgot to get details I was so shocked with being hit ( he reversed into me !)
    good luck hope it works out in the end
    maisy-mai
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    please click the thankyou box :T
  • mattymoo
    mattymoo Posts: 2,417 Forumite
    Maisy-Mai is right, give your insurers a full description of the conversation with the driver.

    It is a little known fact that the insurance companies now share the names of injury cliamants to weed out multiple and serial claimants.

    We have seen 1 person claim against three employers for the same accident at one end of the scale right through to the gangs operating sophisticated staged accident scams.
  • just wondering how things were going any up date on other driver ?
    If you like what I wrote
    please click the thankyou box :T
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