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Silverbeck Rymer solicitors / whiplash claim.

hi


I had a minor collision with a truck that changed its mind at the last second and I hit the back of it. I admitted liability as I hit him.


the claim was paid out to repair any damage to the vehicles and I thought that was the end.


now a year later silverbeck rymer have been bombarding me with calls telling me that my partner can claim for whiplash against ME.


we listened to them for 20 minutes to be told that the claim couldn't proceed as her partner was the driver and admitted liability.


so we then get more and more calls apologising saying my partner can proceed, as long as she has proof she saw a doctor/hospital.


she genuinely did see a doctor and its all recorded as she was pregnant at the time and they though the accident had put her into labour - she was rushed to hospital and its all documented.


so we are now in a situation where my partner is possibly making a claim against me for whiplash, and silverbeck rymer have suggested she could get up to £2000 from it.
I am no longer insured by the same company, and was wondering if this could affect me - not from a no claims perpective because I know that - but are my old insurance company likely to pay out on a claim from a year ago when the person is no longer a customer of theirs.


we aren't lying to claim the payment - its a legitimate claim I am just concerned at who exactly will be paying the potential £2000 settlement.


thanks

Comments

  • Your old insurance company would pay out if she had a legitimate claim. You would have to add that £2000 to the cost of the claim when you declare it to any future insurer. In fact you are probably obliged to tell your current insurer that £2000 is being added on to the claim if she goes ahead.

    Thing is, your insurance is unlikely to go up by £2000 as a result, so you will still be better off. If she was injured then she should be compensated. If it pushed her into labour then £2000 sounds rather low. If it was particularly early the child might even be able to claim for being born early. You should probably get some proper legal advice if you want to do it, instead of relying on these cowboys.
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    Just be prepared for all the letters to you saying how your gross negligence nearly killed her baby etc - ok, maybe overstating it slightly but they will send the same sorts of letters as if she was a stranger and the general approach is to throw as much mud as possible to hope that some sticks.

    Have had some very distraught customers call before because of what their partners solicitors have said in letters.

    Given the relationship your insurers may also defend the claim more rigerously, would she be prepared to go to court and make her allegations against you about how much pain and suffering you caused her?
  • OnanTheBarbarian
    OnanTheBarbarian Posts: 1,500 Forumite
    Sixth Anniversary 1,000 Posts
    A passenger claim where there is documented evidence of attending A&E etc is not going to be resisted by insurers.

    There is no real need to write to the driver at fault, a search on the MID and then the claim is submitted directly to the compensating insurer via the claims portal.

    In the first instance an independent medical report from an independent GP with med notes review will get the claim going, there would probably then be a recommendation for a further specialist report if there was any mileage to the premature labour being linked to the RTA.

    Silverbeck Rymer are an established firm in this industry, although they are very much more going down the factor firm route since they were bought by Quindell. Solicitors calling you up to encourage your partner to claim is poor form and even worse when they don't know what they are doing (the staff wrongly saying your partner then can't claim against you).

    Bottom line is you have a fault claim already, so any impact on no claims discount is not going to be further effected here. There may be a small increase in premiums due to an injury claim being made against you but I would bet it does not increase the premium much, if at all.

    In the words of Quentin, "do some dummy quotes" on the price comparison sites with the injury claim declared and then not declared to see if there is any real difference.
  • thanks for the replies.


    to clarify


    the accident didn't cause my mrs to go into labour, but did cause her some unusual pains - she was worried enough to get my parents to take her to hospital as I was away.


    she took pain relief medication after that.


    its documented that the cause of her visit was the accident.


    It seems that the right procedure is being followed then.


    thanks
  • I got a minor discomfort from a minor accident i had and received £2000.00 was well worth the 20 minute phone call!
  • But did your partner actually suffer any whiplash? The baby was OK, some minor pain following impact - any sustained damage? And actual diagnosis of whiplash? Period of recovery (physiotherapy, time off work etc?)
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