Personal Injury now faced with 'Low Velocity' jargon

MJC_78

Hello,

Can someone offer me some advice or experience of what is now becoming a bit of a saga for my wife.

9 months ago she was in her friends daughters car, the daughter became irate at someone blocking her path and reversed sharply then collided with another vehicle. To cut a long story short...

Wife got out car, this person drove off at speed, no damage to other car although they have confirmed the nature of the driving from the vehicle my wife was in and offered to make a statement. Wife started to suffer days after the event, see doctors, physiotherapist and now a specialised doctor, claim has been raised now as the driver and her mother has been vile to my wife AND Eight year old daughter, shouting at them in the street telling them they will get what's coming to them!

Friends daughter told police the other car drove into them instead and there was no passengers in her car, initially they told insurance team the car was not involved when they received the claim but when my wife got the police record of the event and sent it in to her team to forward they later admitted to it.

My wife is now faced with them claiming it was a "low velocity" impact and so could not have caused these injuries. Hence they will now argue that my wife is being dishonest and she risks very large fees if they get a judge that agrees with them.

How is this the case, my wife never complains, she just gets on with things, yet I saw her crying in bed in pain and now they threaten her with this. She is not taking this well as she is being made to feel in the wrong here, being threatened that even if she were to pull out they may claim she was dishonest!

Does anyone have experience of these kind if things, is this scaremongering on their part, my wife's team seem concerned at the lack of damage on a report 9 months after the event!

Thanks in advance for you feedback...

Nasqueron

Who are "they" claiming low velocity impact?

If your wife has medical evidence and this other woman has lied to her insurer the insurer will pay out and then deal with the other woman. Her say is irrelevant, if she was insured, her insurer decides what to pay out

FutureGirl

The at fault insurer will look at the level of damage to both vehicles to ascertain as to whether an injury could have been caused or not.

They will also take into account the medical evidence supplied by your wife or her representative. The insurer may ask questions of the expert if they feel the damage was too small to have caused an injury.

It would only go to court if the at fault insurer has proof / evidence that this was a low velocity impact and couldn't have caused damage.

teddysmum

It is possible to have a pre-existing condition, which a low velocity bump makes worse.


I have herniated vertebral discs and a low speed shunt, nearly a year ago,has made my pain worse. I have been seeing a neurologist for eight years, but it's possible to have herniated discs and not know about them.


My claim is ongoing as we don't yet know what the prognosis is, but the other driver's insurers have admitted liability and are waiting for me to contact them.

rudekid48

MJC_78 wrote: »

Hello,



...................no damage to other car ...............Wife started to suffer days after the event......................claim has been raised now as the driver and her mother has been vile to my wife............


Thanks in advance for you feedback...

Playing devils advocate, you can see how this looks.....

No damage, only claimed because the other person wasn't nice.

alchemist.1

FutureGirl wrote: »

The at fault insurer will look at the level of damage to both vehicles to ascertain as to whether an injury could have been caused or not.

They will also take into account the medical evidence supplied by your wife or her representative. The insurer may ask questions of the expert if they feel the damage was too small to have caused an injury.

It would only go to court if the at fault insurer has proof / evidence that this was a low velocity impact and couldn't have caused damage.

In this case no damage to the other car.

wems

I'm in a similar situation and I sympathise with you both, being in constant pain is bad enough but the added stress of insurers doesn't help!

I was hit by a caravan that cut me up on a roundabout. I did an emergency stop at about 25mph but he still hit me. Whiplash was diagnosed and Direct Line told me to have as much physio as I needed as they'd get the costs covered.

The Hartec report showed little damage, the engineer said any injury was unlikely because of the low velocity impact. I was hit by a plastic box so obviously my mini wasn't badly damaged but 18 months on I'm still not fully recovered and still having physio.

DLG told me today the other side are refusing to accept I have an injury, despite the medical expert report, GP diagnosis and physio report. DLG say there's nothing they can do so I am now £2,500 out of pocket on the treatment I paid for.

I've been told to contact the Insurance Ombudsman, I've not had any dealings with them before so not sure if it's a good idea or not. I don't have any advice for you but just wanted to say that you're not alone in being fobbed off and I wish you both good luck!

FutureGirl

wems wrote: »

I'm in a similar situation and I sympathise with you both, being in constant pain is bad enough but the added stress of insurers doesn't help!

I was hit by a caravan that cut me up on a roundabout. I did an emergency stop at about 25mph but he still hit me. Whiplash was diagnosed and Direct Line told me to have as much physio as I needed as they'd get the costs covered.

The Hartec report showed little damage, the engineer said any injury was unlikely because of the low velocity impact. I was hit by a plastic box so obviously my mini wasn't badly damaged but 18 months on I'm still not fully recovered and still having physio.

DLG told me today the other side are refusing to accept I have an injury, despite the medical expert report, GP diagnosis and physio report. DLG say there's nothing they can do so I am now £2,500 out of pocket on the treatment I paid for.

I've been told to contact the Insurance Ombudsman, I've not had any dealings with them before so not sure if it's a good idea or not. I don't have any advice for you but just wanted to say that you're not alone in being fobbed off and I wish you both good luck!

If DLG were confident that you have these injuries they would litigate against the third party insurers. The insurer must have some evidence that suggests otherwise.

Don't forget the GP and medical expert just go by what you tell them. If you tell them you're injured, they will say you're injured.