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minor accident - i am being stiched up

Ok strange story behind it so stick with me -

On the 13th of this month my husband was involved in a car accident in my car, the accident occured as follows

I was driving my parents car to the garage for its MOT and my husband was following behind in my car. We both knew where we were going, as it was early morning there was the usual extra traffic on the road and a car came between us. I slowed to go around a vehicle that was turning but i didnt stop, i remained looking in my mirrors and could see the other persons car, i then heard a bang and immediatly stopped. My husband braked the car locked up and slide into the car infront.

There was a little damage to the persons bumper but more damage to the car my husband was driving.

The lady in the car got out looked phyically fine and was speaking ok if a little shocked at what had happened although so was my husband. Details were exchanged and we just managed to get a photo of the damage to her car before she drove off quickly.

Today we recieved a letter from her solicitor saying she suffered whiplash, she has neck and back pain, headaches and dizziness , also an anxiety to drive.

We had a witness to the accident to say she braked suddenly and it wasnt my husbands fault. I know being at the back he will get the blame by law however i feel she has done this on purpose in order to claim for whiplash.

I have told my insurance company that i think this and feel that she knew what she was doing and that i am being stiched up.

The letter stated she hasnt been able to work since and that she needs some form of rehabillitation to return to work.

She clains she was stationary and my husband failed to brake but he did apply the brakes and i cant understand why she was stationary as there was no reason for this.

Can i have peoples opinions on this? Has anyone been in this stiuation before? Can i disagree with her claim?

Help Please:mad:
DEBT FREE and not looking back
Touring Caravan owner - my home from home

«134567

Comments

  • It's you husbands fault if he ran into the back of her, end of.
  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    What speed was the collision?
  • savingsp
    savingsp Posts: 123 Forumite
    I believe she did this on purpose - just wanted some advice, no need to reply quite like that
    DEBT FREE and not looking back
    Touring Caravan owner - my home from home

  • savingsp
    savingsp Posts: 123 Forumite
    geri1965 wrote: »
    What speed was the collision?
    about 17 mph
    DEBT FREE and not looking back
    Touring Caravan owner - my home from home

  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    savingsp wrote: »
    about 17 mph

    It is feasible that she sustained whiplash. It doesn't tend to come on until the next day. If she had got out of the car holding her neck and shouting, I would be more suspicious.

    I think you are going to have to let your insurers deal with it as they see fit.
  • savingsp
    savingsp Posts: 123 Forumite
    she wasnt holding her neck at all she was moving her neck around fine
    DEBT FREE and not looking back
    Touring Caravan owner - my home from home

  • savingsp wrote: »
    I believe she did this on purpose - just wanted some advice, no need to reply quite like that

    Ah, so you want to hear how it wasn't his fault and not facts?
  • JQ.
    JQ. Posts: 1,919 Forumite
    It's your husband's fault for driving too close to her.

    As for whiplash, a colleagues wife got rear ended 8 weeks ago. Not a major smash, and probably no faster the 17mph and she's in a lots of pain. She's not worked since and has been in and out of hospital. Not everyone is a scam artist.
  • savingsp
    savingsp Posts: 123 Forumite
    I know he will be by law at fault but i am just trying to stop one of a possible fraudulent claim that seems to be acceptable these days .....
    DEBT FREE and not looking back
    Touring Caravan owner - my home from home

  • Stooby2
    Stooby2 Posts: 1,195 Forumite
    Whiplash can take a while to develop - as you are moving around at the time all your neck muscles are constantly in use. After a night's sleep when you stay in one position for a fair amount of time, stiffness sets in and you wake up with a sore neck. When I got knocked off my motorbike a few years back I was OK at the scene. The next day I was sore as hell and my back and neck were very stiff.

    And sorry, but unless there's very unusual circumstances, this is your husband's fault - you drove around the car, why didn't he? You should be able to stop in the distance you can see to be clear and unless the road was unusually slippery from ice or contamination which is unlikely given your description, he really has no excuse for driving into the rear of another car.
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