Fraudulent whiplash claim

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  • FutureGirl wrote: »
    You say you were doing 1mph, but what about the other driver?

    The other vehicle was stationary, despite the side road he was turning into being clear.

    I have created an little illustration to show the sequence of events.
    imgur(dot)com/a/Dldj7

    Obviously I hit him, but him claiming whiplash is a joke.

    Furthermore, I've been driving 13 years without incident, and am a professional driver by trade, driving an average of 10 hours per day (I wasn't working when this happened), and I can tell you now, that if he had moved the fingers on his left hand that 1 or 2 cm required to flick on his indicator, this would not have happened.
  • FutureGirl
    FutureGirl Posts: 1,252
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    It's very difficult to disprove a whiplash claim, especially if a medical expert is saying he has one.

    Looking at your diagram it could be that he stopped as he thought he was going to hit your vehicle as he's turned too deep - it does seem tight from the drawings.

    As advised the claim form is filled out usually by people who have no knowledge of the situation etc, and they usually tick any old box. So in relation to time off work / GP etc, it doesn't totally matter at that point what is put on the form, its what is in the medical report that counts.

    There is nothing you can do, leave it to your insurers.
  • Crazy_Jamie
    Crazy_Jamie Posts: 2,246
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    On the basis that your insurers opt to defend the claim (your version of events is not without its difficulties, but there's a decent chance they will try to resist it from what you've said), it will be defended on the basis that it is Low Velocity Impact collision (LVI). The argument in that respect is that there was a collision between the vehicles, and that you are potentially at least partly to blame, but that no injury could have resulted from the collision because it was so minor. These arguments are commonly used on rear end shunts, but a situation like this could give rise to such an argument as well.

    It is worth noting that the other driver not showing any signs of injury after the accident is irrelevant for the reasons that have already been stated. It would be more unusual for him to have shown immediate signs of injury. Him not seeking medical attention despite being off work for two months may be relevant, but is likely not determinative. The most important evidence will be your evidence as to how severe (or not) the accident was, so it's a good idea at this stage to write down your recollection of what happened in as much detail as you can. If this does go to trial it won't be for some time, so putting down what you remember in writing at this stage can help.

    Beyond that, your insurers will deal with it from this point on, and may pass it to solicitors further down the line if the other driver does issue court proceedings. If you need any more information as to how the case is progressing, you'd be best to contact them.
    "MIND IF I USE YOUR PHONE? IF WORD GETS OUT THAT
    I'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."
  • UPDATE:

    This mess is still going on - my insurers are in control of the situation, and it is moving to a trial, most likely in Q2 next year.

    Even though it hasn't gone to trial yet, things are looking up. It turns out the claimant does have a history of these type of claims. On top of that, holes have started to appear in the his case - his original claim was for 'neck and back pain', however, in a following letter he stated that he was claiming for 'neck and shoulder pain'. On top of this, there seem to be huge discrepancies in work history. He has claimed that he was a self-employed taxi-driver for the last 40 years, then he claimed that he took two months off of work for the pain caused by the accident, then he has claimed that he is actually unemployed... I don't how this will impact things, but I would like to assume that his credibility will take a hit because of all this, which might help during the trial?

    Anyway, wish me luck - and *get a dashcam!*
  • kay0601
    kay0601 Posts: 76 Forumite
    Subscribing so I can hear about the fraudster getting his comeuppance. Good luck!
  • csgohan4
    csgohan4 Posts: 10,587
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    if he is self employed he will need to show it with this tax returns
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • UPDATE:

    This mess is still going on - my insurers are in control of the situation, and it is moving to a trial, most likely in Q2 next year.

    Even though it hasn't gone to trial yet, things are looking up. It turns out the claimant does have a history of these type of claims. On top of that, holes have started to appear in the his case - his original claim was for 'neck and back pain', however, in a following letter he stated that he was claiming for 'neck and shoulder pain'. On top of this, there seem to be huge discrepancies in work history. He has claimed that he was a self-employed taxi-driver for the last 40 years, then he claimed that he took two months off of work for the pain caused by the accident, then he has claimed that he is actually unemployed... I don't how this will impact things, but I would like to assume that his credibility will take a hit because of all this, which might help during the trial?

    Anyway, wish me luck - and *get a dashcam!*
    Certainly does sound like there are some difficulties with his case. Just one point to note. When you go to trial, bear in mind that all of the arguments as to inconsistencies with the way his injury has been reported, or his work, or anything else, will be for your barrister to make. Whilst you are a party to the claim, at trial your role will be as a witness, and you need to make sure that you answer the questions put to you and give evidence about the things that you have witnessed, rather than trying to advocate the case yourself. The reality is that even with those discrepancies, if the Judge finds that the accident was of sufficient severity to cause injury, the Claimant can still win. To give yourself the best chance of winning you need to focus on your own evidence and leave everything else to your barrister. Best of luck.
    "MIND IF I USE YOUR PHONE? IF WORD GETS OUT THAT
    I'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."
  • BigGingerJake
    BigGingerJake Posts: 10
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    edited 7 March 2020 at 4:51PM
    I finally return with good news!

    It went to trial... sort-of.

    All parties turned up, and while we were preparing for the trial, I caught sight of the claimant... whom as it turned out... was not the man who was driving the car at the time of the accident! Without going into too much detail, they looked very different, and the gentlemen who turned up didn't speak English, whereas I held a 20 minute conversation with him at the roadside where the accident occured, and gave a full statement of that conversation to my insurers at the time.

    The barrister appointed to the case by my insurer spoke with their barrister, who had some closed-door words with him, and they decided to withdraw without proceeding. Essentially, it was communicated to me that all the holes that had appeared in his case, and the fact there was reasonable evidence that he wasn't even the person at the scene added up to his barrister advising that if he went forward, he would likely be found untruthful, lose the case, and give precedent for my insurer to make a counter-claim and get back their damages from the insurance claim, and all legal costs!

    An interesting side-note, I also got to see the evidence from the insurance claim where a small tennis-ball sized scratch in the paint was apparently enough damage to warrant a complete replacement of one of the doors of his car... on the other side of the vehicle!

    Anyway, he ended up having to personally front legal fees for both parties for what was over a 2 year process, which came to circa £15,000.

    Considering the last 4 successful claims he had made over the last 4 years (out of an attempted 8) totalled £7,500 in compensation, it looks like I completely wiped out all his fraudelent gains, and more!

    He apparently had no money to pay the fees, and a payment plan was arranged.

    I consider this a huge victory! Thanks for your time and help in the matter. It looks like sometimes people do get their comeuppance!
  • Weighty1
    Weighty1 Posts: 1,170
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    Brilliant!!!!!!! Couldn't have had a better outcome....apart from the fraudulent person standing on a piece of lego that night!
  • Jlo31
    Jlo31 Posts: 130
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    That's fantastic news! Great to see justice being done.
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