Car accident- whiplash claim?

hellies

whilst driving a courtesy car today (mine is in for repairs after a neighbour reversed into it!) a white transit van drove into the back of me. My car was stationary in a traffic jam, and the van hit us at quite a speed- causing a dent in the boot, a scuffed and dented bumper and the bumper has fallen off on one side. Unfortunately i had 3 children under 3 in the car and my sister. the driver of the van admitted liability, he was driving a company van. I am pretty sure my youngest daughter (12 weeks) is fineas she was in a newborn rearfacing car seat, but the rest of us (my niece is 2 and my daughter is nearly 3) were thrown forward at quite a speed. All have slight neck pains, mine is noticeable but not destressing and my sister says the same. Both girls complained of a bad neck but still managed not to be held back by it when they got to the park :rotfl: . I am just wondering how we go about putting in a claim for whip lash? The rental company are coming in the morning to collect the car, should i tell them or go to one of those no win no fee things? also, is it possible to put in a claim for the little ones as obviously they wont be able to really say theyve got it?

Quentin

If you are concerned about the money, get a claim handler to do it all for you.

If you are concerned about the children's health, get them checked out at the doctors/hospital.

Always good to have some medical evidence to show.

Oscar_The_Grouch

Hi there

The usual situation is that whilst you are in a courtesy car, your own insurers are responsible for providing the cover for you. You should be able to use the legal expenses cover provided by your motor insurers to make a claim for your injuries as well as the kids.

I take it you are in England/Wales rather than Scotland? If so, then you need to know that:

The children will need a "next friend". This is someone (probably best to be someone other than you as you were involved in the accident) that brings the case against the responsible party on their behalf.

The next frield will need to agree the settlement, but then the court will have final say on whether the amount is reasonable for the children.

Any money for the children will be held in trust by the court until they turn 18.

The children will have until their 21st birthday to dispute the amount of settlement (or make a claim if you have not), but they will need to rely on medical evidence gained NOW.

I would always suggest that you claim for injuries, but I would also suggest that you avoid the "ambulance chasers" that advertise their no win no fee products on the TV. Go for someone your car insurers trust!!

V_tricky

Oscar_The_Grouch wrote: »

The next frield will need to agree the settlement, but then the court will have final say on whether the amount is reasonable for the children.

Alternatively if the injuries are only minor to the children, a bump & bruise rather than broken bones and long term problems, this doesn't have to go to court approval, but can be dealt with on a parental indemnity basis.

This means that as a parent you can sign off the value of the claim when your solicitors have reached a settlement that they recommend, and if when they are 18 they think that you've sold 'em short (unlikely) then in theory, they could sue you (very very unlikely). A cheque can be issued straightaway and the claim resolved.

Find out whether you had legal cover under the hire company insurance, and take it from there. Legal cover should cover anyone in the vehicle, not just the driver.

hellies

thank you for all of your replies!

The insurance cover is apparently shared between my insurers and enterprise rent-a-car's insurance- if i had an accident that was my fault then then my insurers pay out, if it wasnt my fault then its up to the hire company to deal with it. obviously this wasnt my fault so its the hire coompany that are dealing with the repairs to their vehicle. I mentioned to them yesterday that
we may be persuing a whiplash claim but they just said that was up to us to sort with the driver's company.

I have a doctors appointment tomorrow for me and dd, as we both have been suffering over the weekend. I was reluctant to go to a+e as it really isnt an emergency, and I know for whiplash there isnt actually anything they can do for it, i work at the hospital and dont feel right about wasting nhs time, nor did i fancy sitting there for hours .

basically, do we have to find our own solicitor and go through it, or can i just contact the driver's company's insurance company and do it myself? if we do need a solicitor can we reclaim the fees? i really cant afford the upfront costs of using a solicitor.

owitemisermusa

Hi there Hellies,

Good move going to get medical care for you and yours to see if you do have whiplash or other injuries.

Take it from there after seeing your doctor.

OWM

V_tricky

Hi - THIS PREVIOUS POST might helo you.

You don't have to got to A&E at all - as you are aware, they are not there to bolster records for whiplash claims but to treat the genuinely and urgently sick. Do go your doctor though - they may well be able to give you advice on neck care, home exercise sheet, medication if necessary and perhaps recommend physiotherapy as necessary (which would probably then be arranged privately via the responsible party's insurer to cut waiting time).

Hope this helps

knightstyle

Hi, We are going through a similar claim. Don't expect a quick settlement, ours is now over a year old! Ask the insurance company to appoint a medical expert to assess the damage to all your family. Make sure he is an expert in whiplash injuries. Our first one wasn't so my wife is seeing another next month. Keep records of all conversations with insurance companies and of how you all feel week by week. Don't accept any offer till you have had time to think about it, Whiplash injuries are covered by the Judicial Studies Board Guidlines as between £750 and £2550 each. Hope this helps.

the_Otter

Been reading up on this situation, but don't think i've come across anything like i'm about to tell you - any advice much appreciated:

Just over 3 weeks ago, my partner was involved in a RTC, where she was rear-ended by another driver. The other driver admitted full responsibility, and she has had her car repaired and has been receiving physio all at the cost of his insurers. She has also lodged a personal injury claim with his insurers, to date has not yet been concluded.

HOWEVER, just yesterday (3 days after getting her car back from the repairers) She was involved in ANOTHER RTC on the way home from work, indeed, just 3 days after being given the all clear to return to work.
Again, another idiot ploughed into the back of her, and again, entirely the other persons fault.

This second accident has shaken her up terribly, and has aggravated the first whiplash injury. She is in shock at the terrible luck and the fact this has happened twice in a month.

My question is this. Obviously there will now be a cross-over of claims/physio/medical reports etc, but, how is it best to proceed in terms of personal injury claims? Would it now be sensible to instruct a solicitor to sort all this mess out?

On another note, we've decided the car must be jinxed, and will be selling it ASAP.

mon1o

Hi all! Im sorry to thread-butt here but i was involved in a RTC on Tuesday. The other driver pulled out of a junction and hit my rear drivers side. Ive had a lot of pain in my neck, back shoulders and arms with headache as well and my insurance company have urged me to claim for whip lash. Im a bit dubious about doing this as im unsure how successful these claims are.

Also, i dont think i can claim loss of earnings as im a student nurse so the most ive missed so far is 3 days off university (which i need to make up if im going to qualify!)

Im seeing my GP tomorrow about this as its really causing some pain and painkillers are no help.

If i were to claim would it be successful?
Monica x

PS just found out the idiot has probably wrote off my car! Just waiting for confirmation from my insurance company.