Accident with insecure load from van. Should I claim injuries through my insurer?

mcchris

Hi Guys,

it's been a weekend for me. On Friday night I was rear-ended on the motorway. It was no contest, the other party admitted fault and I sustained only back and neck pain no other major injuries.

On Saturday, on my way back from A&E with a courtesy car I had another crash. This time it was on a single carriage way at national speed limit. I collided with an insecure load that had fallen from a van (travelling in the opposite direction) just before it went past me. The van failed to stop but a witness collected the number plate of the vehicle.

I've filled out a police report but the whole thing has left me shaken up and upset that the driver didn't stop. I also have anxiety on the road now especially when there is a big truck or pick up truck in front of me or approaching.

I want to claim for mental trauma. I keep replaying the incident and feel hurt that the driver of the van did not stop. The item that fell off his car almost came through the windscreen and replaying the whole thing has stressed me out.

I have the vehicle registration and I am considering one of two ways to deal with this:

1. Find out the insurers details and contact them directly letting them know that I will be making a claim and give them the chance to settle outside of court
2. Contact my insurer and let them know I want to pursue for a claim
3. Contact an independent 'no win no fee' solicitor to handle the claim
4. Try to find out the company who own the van (not sure how to do this with only vehicle reg?) and let them know I will be suing

What option above will be the best way to go about this? Do I have a case? I know I might need to see a doctor to get evaluated but I am okay with that.

Thanks for your replies in advance.

Quentin

You really need to have your own legal representative fighting your corner.


If you have "legal cover" with your motor policy you can use that, otherwise consider instructing your own specialist personal injury solicitor.


1) Not a good idea to allow the other side to deal direct with you - you can see the clash of interest they would have


2) Your insurance itself won't cover this.


3) If you don't have any "legal cover" insurance, then this may be the way forward


4) You do need to be able to identify the van, (so hopefully the witness has given you the reg number), but no point contacting the owner directly. Leave all that to your legal rep

agrinnall

How much would you assess the value of your mental trauma at? I could be wrong but I'd be surprised if anyone would take on such a case unless you have significant evidence to back up your claim and can show the impact it has had on your life, and I'd have thought that you are unlikely to have that evidence after just a few days.

OnanTheBarbarian

Claims for psychological injury only are difficult to argue and are met with resistance by insurers.

Get yourself to your Dr and get your symptoms documented and on record. You may get referred for counselling or CBT/EMDR treatment. A few quid in your back pocket is not going to get rid of flash backs and nightmares etc.

By getting your symptoms on record with your GP it will help any legal advisor to evidence your claim.

There is the complication with this accident that you were involved in a RTC the previous day, so would already be vulnerable to trauma etc.

magpiecottage

OnanTheBarbarian wrote: »

There is the complication with this accident that you were involved in a RTC the previous day, so would already be vulnerable to trauma etc.

I wonder what,. if any bearing the egg shell skull rule might have on this.

My guess (and it is little more) is that if the psycholigical damage from the second accident can be proven and that the second driver was at fault, then the rule would find them fully liable.

However, as noted, the OP needs specialist advice, not speculation from amateurs - and in this respect that would be all I could offer on this occasion.

ellie99

I've had an accident exactly like your second one, though in my case the lorry driver stopped and the police were called (my car was a write off).

Police decided to take no action against the lorry driver, and told me to sort it out with the insurance companies, who paid out for my car.

I didn't claim for any mental trauma. Yes I had nightmares for a week or so, and was a bit nervous for a while, but I got over it. I took the view that I was *extremely* lucky nothing came through my windscreen as I could have been killed.

You've not given yourself very long to "get over it". How do you know you won't feel very differently in a few weeks?

So no advice to give you, just wanted to say you might be fine in a few weeks.

OnanTheBarbarian

Nicholls -v- Rushden is the precedent case insurers will use to argue that minor undiagnosed psychiatric injuries, such as shock and anxiety are not compensatable in isolation.

https://books.google.co.uk/books?id=dWejP9QhsgMC&pg=PA24&lpg=PA24&dq=nicholls+v+rushton+(1992)&source=bl&ots=oBKI0foCZr&sig=E2P7mwaJpInG_qH40JS3k-UXN8M&hl=en&sa=X&ved=0ahUKEwjSv96XjbvJAhWKHxoKHb26AH4Q6AEIWjAJ#v=onepage&q=nicholls%20v%20rushton%20(1992)&f=false