car accident not my fault. with my partner and 2 kids what do i do

zzxxcc1122

yesterday i was involved in a major road acident. i was driving along a road next to the sea and was pulling in to sit on a bech to eat our dinner when a car bashed into the backl of us. forcing us over the embankment and the carred rolled over down A 30 feet bank onto the beach. the car is a write off. we had to get the fire brigade to get us out and we all required to go to hospital although we all got out later that evening.

bothe myself and my partner have bruises and small cuts.we have bad whiplash and both my kids aged 4 and 1 have small cuts and bruises.

i have contyacted my insurer but i dont know where i stand. ive been contacted by injury lawyers already .

i dont know whether to claim full loss as the car is a write off through my insurance or the other persons insurANCE

or what level of injurys i can claim both myself and opartner have taken week of work and are majorly shaken up. i havent slept and just start crying as all i hear is the screaming it was terrifying. please help.

thanks

geri1965_2

It sounds like this was a hugely traumatic experience for you, and I hope you all feel better soon.

Claiming through your own insurers for the written off vehicle would be the easiest and quickest thing to do. Anything not covered under your own policy can be included in the claim against the other driver.

It is best to instruct a solicitor to deal with personal injury claims, but there is no immediate need to do this, as you have three years to pursue a claim for adults, and 3 years after their 18th birthday for children.

zzxxcc1122

thanks for your response. as expected i have recieved phone calls from personal injury lwayers already. i have taken pics of all our injuries.

is it possible to claim for trauma as well as my kids are now terrified of any car and im a nervous wreck .going to the docs tomorow .

im not sure whats best to use my own insurer to claim or the other drivers u=insurance. my insurer tesco basicly said its better to go with them as theyl give me the best offer as the other insurer will keep costs to a min where as my insurance will see me ok and claim all costs back is this correct

withabix

zzxxcc1122 wrote: »

is it possible to claim for trauma as well as my kids are now terrified of any car and im a nervous wreck .going to the docs tomorow .

It's called shock. It only happened yesterday.

A bit early to say that your kids are 'terrified of any car'.

Sounds like a 'how much compo can I get' thread.

You've already been contacted by the ambulance chasing scum who are responsible for a large part of the increase in insurance premiums which all of us have to pay.

zzxxcc1122

do u want me to send u a pic of the drop and state of the car. and well see how much its shock. my son burnt his hands a yera ago and is terrified of any hospital and as we had to go to hospital he was inconsolable. all i can say to people like you .

is what would you do if u were in same position

nearlyrich

Go with your own insurance company regarding the car but use a specialist lawyer not an ambulance chaser, as someone said you have three years (more for children) to make a claim so don't rush into it. I am glad that you are all OK it could have been so much worse take care and ignore the negative comments it's not a 5mph shunt it's a major accident and you will be entitled to claim compensation.

grandma247

My insurers paid out for my car minus the excess.

Were the lawyers appointed by your insurance? If they were talk to them. They will help you get any money back such your excess and all kinds of other things including any private treatment such as physiotherapy.

I had twelve weeks of physio paid for after I was hit from behind on a roundabout, my car was a write off even though initially it did not appear there was much damage. The car was collected by the garage appointed by my insurance and was deemed unrepairable.

I also got compensation for trauma etc. sometimes these things come out later, especially in children.
My SIL was in an accident with his children and the children all got compensation which was put in trust for them when they reach 18. The middle child still has recurring nightmares over 2 years after.

danlojo

Don't be rushed into anything. We were rear ended too and myself and 3 children were in a state of shock.

Even after 2.5 years I still have problems with my shoulder and neck. The unfortunate thing is that 'some' people fake whiplash which makes it more suspect to others.

The mental side of it may take even longer. If I have to come to a stop because of an obstruction I still desperately hope that the driver behind has been paying attention.

Don't forget that you will need new car seats for the children which should also be covered by the claim. My own insurance companies legal team dealt with everything.

I really feel for you. Until you've been involved in a car crash you really do not realise what a shock to the system it is.

Hope you all recover well from this.

zzxxcc1122

hi can anyone help me i dont know whether to claim through my insurnace and they get the costs back or through the other oartys insurance. my insurance is saying my excess £500 will be deducted from any settlement will this still be the case if i go with the 3rd partys insurance im at my whits ends and to make matters worse we are all in agony with pain

spadoosh

Try some r&r, insurance and compensation should be at the back of your mind. Its certainly not helping you worrying soo much about the insurance claim when its something that will pretty much sort itsself out.

In response to your question i would be claiming all the way through the other driver, their fault, their insurance pays and it means you dont lose any excess.
Your not making a claim through your insurance, your making your insurance comapny aware of an accident. they then speak to other insurers and investigations are made to who is at fault the loser (person to blaim) then has to claim on their insurance. As said earlier youll recieve payment quicker if you claim through your insurance but you will recieve less in the short term.

Remember whats the point in having insurance if your doing all the work for them. Relax, get better and then worry about the insurance.

zzxxcc1122

thats the ting the injury side of thing isnt in my mind.

its the insurance thing that is . do i lose my no claims if i claim total loss through my insurance. when u say ill loe money in short term claming through my insurance