Defending Personal Injury claim

theselfishaltruist

Hello. I'm new here :0)

My situation:
I bumped into the back of a car at around 5-10mph and dented the bumper a tiny bit.

All good. I apologised (as I know its my fault, being behind), we exchanged deets, but now she's claiming whiplash.

I accept the bump was my fault, I'm not disputing that at all, but I believe she is making a fraudulent claim. I do not agree that she has whiplash basically. She jumped out of the car right as rain, no indication of pain.

Also it took her 2 weeks to seek medical advise. According to the paperwork the physician who saw her did not advise further physio. But strangely it says she is awaiting a physio referral. Im not sure what to make of that?

I believe the speed I was going is very unlikely to cause injury. I also believe waiting 2 weeks to be seen is dubious, and also the fact the doctor did not recommend physio treatment. Also she was in perfect health at the scene.

How do I go ahead and dispute this? Do I need to go to court. I am a doctor so I am aware of the medical side of things. I have looked at whiplas research and whilst it is possible to get injured at low speeds, it is unlikely. For me the main problem with her claim is the length of time it took to be seen. Can I request the medical papers from her visit? I guess as a defendant I am allowed access to any evidence against me?

I am an honourable guy, if I'd injured the lady in question I would accept it and take blame, but I do not accept I did.

Anyone got any advise? Thanks you.

societys_child

All I can suggest is that you make your feelings known to the insurance company. They will be well aware of the "whiplash culture"..

Sgt_Pepper_2

It'll be cheaper to pay out than defend. Guess what your insurance will do.

Quentin

theselfishaltruist wrote: »

I do not agree that she has whiplash basically. She jumped out of the car right as rain, no indication of pain....... I am a doctor so I am aware of the medical side of things....

Are you a doctor of medicine?

If so, then surely you know whiplash symptoms often take time to develop (days, not minutes)?

Leave this to your insurer to deal with. (It all goes down as just one claim against you.)

fadetogrey

theselfishaltruist wrote: »

Hello. I'm new here :0)

My situation:
I bumped into the back of a car at around 5-10mph and dented the bumper a tiny bit.

All good. I apologised (as I know its my fault, being behind), we exchanged deets, but now she's claiming whiplash.

I accept the bump was my fault, I'm not disputing that at all, but I believe she is making a fraudulent claim. I do not agree that she has whiplash basically. She jumped out of the car right as rain, no indication of pain.

Also it took her 2 weeks to seek medical advise. According to the paperwork the physician who saw her did not advise further physio. But strangely it says she is awaiting a physio referral. Im not sure what to make of that?

I believe the speed I was going is very unlikely to cause injury. I also believe waiting 2 weeks to be seen is dubious, and also the fact the doctor did not recommend physio treatment. Also she was in perfect health at the scene.

How do I go ahead and dispute this? Do I need to go to court. I am a doctor so I am aware of the medical side of things. I have looked at whiplas research and whilst it is possible to get injured at low speeds, it is unlikely. For me the main problem with her claim is the length of time it took to be seen. Can I request the medical papers from her visit? I guess as a defendant I am allowed access to any evidence against me?

I am an honourable guy, if I'd injured the lady in question I would accept it and take blame, but I do not accept I did.

Anyone got any advise? Thanks you.

Appreciate what your saying but sadly it will come down to cost,as you know whiplash is a notoriously difficult thing to disprove and most insurance companies will take the easy way out and pay up then add the cost to your next quote.Its sad people dont seem to realise that claiming for something is not a victimless crime and costs us all in the long run.

scotsbob

You got her address so pop round her house with a video camera and see how easily she gets in and out of her car.
If you got really lucky you might see her doing a spot of tidying up the garden or carrying heavy shopping.
Who knows what you could film if you put a bit of time and effort into it.
Perfectly legal to film in a public place.

Strider590

You can't defend these claims, if the eventual claim is for less than around £2000, it's cheaper for your insurance company to pay up than to go to court.

motorguy

scotsbob wrote: »

You got her address so pop round her house with a video camera and see how easily she gets in and out of her car.
If you got really lucky you might see her doing a spot of tidying up the garden or carrying heavy shopping.
Who knows what you could film if you put a bit of time and effort into it.
Perfectly legal to film in a public place.

I was 'rear ended' in a low speed accident some five years ago.

The pain developed over a period of several days and was constantly there for around 6-9 months. Not enough to stop me doing most things, but a definite pain.

Even now if i bend over a lot - washing a car, etc, then i know i will have pain in my back for several days.

I reckon i'll have that pain for the rest of my life.

Assuming i'm going to live for another 40 years or so, the £3500 claim i got works out at less than £90 a year 'compensation'

No doubt the guy who drove into the back of me feels hard done by, but trust me, i'd rather not have the pain than have the money.

Just something to bear in mind.

motorguy

theselfishaltruist wrote: »

Hello. I'm new here :0)

My situation:
I bumped into the back of a car at around 5-10mph and dented the bumper a tiny bit.

All good. I apologised (as I know its my fault, being behind), we exchanged deets, but now she's claiming whiplash.

I accept the bump was my fault, I'm not disputing that at all, but I believe she is making a fraudulent claim. I do not agree that she has whiplash basically. She jumped out of the car right as rain, no indication of pain.

Also it took her 2 weeks to seek medical advise. According to the paperwork the physician who saw her did not advise further physio. But strangely it says she is awaiting a physio referral. Im not sure what to make of that?

I believe the speed I was going is very unlikely to cause injury. I also believe waiting 2 weeks to be seen is dubious, and also the fact the doctor did not recommend physio treatment. Also she was in perfect health at the scene.

How do I go ahead and dispute this? Do I need to go to court. I am a doctor so I am aware of the medical side of things. I have looked at whiplas research and whilst it is possible to get injured at low speeds, it is unlikely. For me the main problem with her claim is the length of time it took to be seen. Can I request the medical papers from her visit? I guess as a defendant I am allowed access to any evidence against me?

I am an honourable guy, if I'd injured the lady in question I would accept it and take blame, but I do not accept I did.

Anyone got any advise? Thanks you.

I'm surprised a 'doctor' is so readily believing that this is a fraudulent claim?

Whiplash does happen. Not all claims are fraudulent.

Biketrials08

This type of scenarion has elements of 'chicken and egg'. Her insurance premium is likely to go up as a result despite not being her fault, so suing for whiplash will also cover this increase, but it is these claims that are likely to be reason for the increase in premium. Either people stop claiming or insurance companies stop charging people for non fault incidents. I'm aware it's not a balanced equation though.

lived

Does anyone know anything re time frames involved to resolve a pers injury claim. My ongoing claim has been with my solicitors for over 3 years, and I have the feeling because the amount is not high re compensation I am likely to be awarded, they have put my case to one side.