Reply With QuoteNothing, let the insurance sort it out.
Two weeks ago I accidentally rolled into the vehicle in front me. I was travelling less than walking speed. I got out and exchanged names tel numbers and address with the driver of the other vehicle. Asked if he was OK and took some pics of the damage, so did he. Well I offered to pay for the damage which was very minor,a small dent in his rear bumper. There wasn't even a mark on my front bumper. He agreed to phone when he had obtained a quote which would have been at most a few hundred.
A week goes by and a letter from a solicitor drops through my letter box demanding I give out my insurance details. I was surprised by this and phoned the guy up. I gave out all required information after he said he had now decided to go through the insurance. Not a problem as it's his choice.
Well today a solicitor representing him phones me up and starts asking about compensation for his clients whiplash injuries. I told him there wasn't any injuries and to speak with my insurance from now on.
Now in my opinion he was not injured in any way as he was walking about and had no problem bending over to take pics of his bumper. He also never mentioned any injury when I spoke to him on the phone a week later. The speed was 1 or 2 mph and he said he was OK at the time. My access is £500 on the insurance but a repair even with a hire car would be less than this. There were no witnesses except for my wife who was in my car.
I also have some experience of traffic accidents after serving in the fire service for many years, being a Road Traffic Collision instructor and an advanced Trauma technician. I have also studied mechanics of injury and I am 100% sure this guy is lying.
What can I do about this apart from letting my insurance sort it all out.
Nothing, let the insurance sort it out.
Just let your Insurance Company know the facts, and that as a road traffic collision instructor and advanced trauma technician, you obviously checked that both yourself and the other driver were OK before exchanging details. They can then challenge the 'claim' and check for any previous whiplash injuries or spinal damage of the claimant.
You could also do a bit of videoing of the claimant, in stealth mode, to disprove him claim, and submit the tape to your insurers...
Let your insurance deal. Gone are the days they just paid anything that was sent to them. They have dedicated departments and specialist solicitors to tackle fraudulent claims of all types. If it's one to fight they should fight it.
Just to put the other side of the argument; 4 or 5 years ago a girl (she was 18, but looked 14) ran in to the back of me at some traffic lights at very low speed. Initially I was fine, but a few hours later I got a burning sensation in the back / side of my neck which got steadily worse until I went to A&E... who diagnosed whiplash - a minor case certainly, but whiplash non the less. I had to wear a stupid collar and wasn't able to go in to work for a few days, and to this day I still get pain in that area when I am tired or have been sitting in slouchy manner.
It isn't always the speed of a collision that is the problem - for me it was because it happened when my head was turned quite far at the time (yes - I was watching some bint in a short skirt) and the relatively minor force was at just the "right" angle to cause damage.
Not saying this bloke isn't pulling a fast one - probably he is - but it is just possible he isn't.
Fact remains that his fraudulent claim will cost you in the end.
This happened to my partner last year. A £500 shunt, dent repair, even offered to do it myself as I have a friend who can. We only realised it when her renewal notice came through and was ridiculously high compared to the previous year. When we queried it, we found out the driver was claiming for injuries to himself and his wife. We put in a complaint as it was simply not possible, at the speed of the collision. After 2 months i phoned DirectLine to question our complaint, and I was told the driver was being investigated as this had happened previously and was suspicious. I phoned a month later and was told that they could not comment on the case, but that the premium would not be reduced as it was a fault incident.
Similar thing happened to us - Wife drove into the back of a Boxter in a multi story - Not a lot of damage (less than £1000) to his car. Few weeks later we get the full cost of the bill from the insurers - Over £10K. Evidently he had been allowed to hire a another Porsche whilst his was in for repair. Over £9k in hire car charges! I can understand he shouldn't be out of pocket or be put in a similar vehicle but surely it didn't cost that much to hire a Boxer for a week or so. We complained but were told by the insurers "that's the way it is - leave it be" (or words to that effect)
Similarly the wife was bumped into a couple of weeks ago (Moral here - don't get in the car with my Wife). Ever since she has been hounded by our own insurers "solicitors" asking her about any injuries and offering to help her claim them. Talk about making it easy to make a fraudulent claim.
Thanks for the comments, I just feel like this guy is taking the mick. I will of course inform my insurance company of all the details. I thought it was really strange that his solicitor rang me directly and started asking me questions. He seemed taken aback when I told him that there was not any injuries to any one and that I though his client was committing fraud. Hopefully justice will prevail and this joker will be found out.
it seems that insurance has all gone a bit wrong, they pay out without even consulting you, they give the ambulance chasers your details, they own the replacement glass companies, it's out of control, then they say premiums have gone up.
On Monday i saw two Eastern European gents in a beaten up cavailer pull away at some lights and the ten yards later do an emergancy stop, the unfortunate girl behind went straight into the back of them, to thier annoyance I stopped and gave her my details, i wonder if i will be contacted.
Just leave it to the insurers and in the future maybe just drive off?
My father had a hip replacement a few years ago (bare with me), then at a similar time someone gave his car a knock.....hip was not related to the accident. Car got fixed by the other party's insurance ok, then out of the blue their insurers sent him a four figure cheque stating they were going to pay up for injuries associated. He never even mentioned his hip replacement!! He tore the cheque up.
This guy will get his money, nothing you can do.
This, it doesn't matter what you tell your insurance they do bugger all about it and just pay out.Originally Posted by Chicken Pox
Not necessarily...This, it doesn't matter what you tell your insurance they do bugger all about it and just pay out..
I was involved in a bump last year where - in very brief summary - a car with four burly Romanian gentlemen in it essentially did an emergency stop in front of me on a national speed limit and I hit the back of them. Bloke following on then went into the back of me.
Me, my family and the driver of the third car all uninjured.
All four guys in the first car claiming whiplash.
I described the situation to the insurance company and they've escalated it to the fraud department and are challenging the incoming claims.
Quite a ball-ache, actually: - long phone calls with the fraud department; I've had to meet with lawyers; give a witness statement and, if the claimants don't drop it, it sounds like I'm going to have to go to court and be cross-examined, which I don't particularly fancy.
But I guess this is what needs to be done if we're going to stand up to these guys who increasing premiums for everyone with what appear to be orchestrated, dodgy claims.
There have been many fraudulent whiplash claims but please do not assume that a low speed collision cannot cause delayed whiplash symptoms. Two friends suffered delayed whiplash injuries resulting from a low speed car park accident when they were in a stationary vehicle. Their injuries were not immediately apparent and only manifested a few hours later with resultant several weeks sick leave and necessary long courses of painkilling and anti-inflammatory medications. Referrals to a respected medical practitioner specialising in whiplash related claims confirmed their injuries; their GP's medical records also confirm same. At the time of the collision the two drivers thought the accident would be a simple matter to sort out between themselves because the injuries at that time were not apparent. The incident has escalated into a long drawn out claim and settlement offer for one victim and disputed claim for the other victim ... and is likely to go to court if settlement cannot be agreed.
Don't assume that a bumper repair will cost peanuts; a reputable bodywork shop will likely have to remove and repair or possibly replace the bumper and the cost could be more than a few hundred - a proper estimate would be required to ascertain the exact cost ... you cannot just assume a figure without arranging a professional inspection even if you are an experienced engineer ... and then there is the cost of the hire car or courtesy car on top.
Best way to deal with the claim is to let your insurance company handle it and be prepared to pay out the excess - after all that is why you took out the insurance in the first place. If you are now up against the other driver's solicitor and you have no real litigation skills or experience you could end up with a very expensive claim if you try and contest it by yourself.
I am helping my friend deal with her claim in my capacity as litigation assistant and so far we have filled one lever arch file with all the correspondence which has been building up over the past 13 months since the claim commenced. She too decided not to put the claim through her insurance but now realises she was foolish not to; the resultant stress the claim has caused could all have been prevented if she had dealt with the matter properly in the first place.
dunk
Last edited by sundial; 14th February 2013 at 21:01.
"Well they would say that ... wouldn't they!"
Today's episode of Martin Lewis' Consumer Team on Radio 5 discussed whiplash insurance claims
http://www.bbc.co.uk/podcasts/series/consumer
I haven't listened to it yet so don't know the angle they take but the programme is usually worth a listen anyway.
Just to be clear about this OP there is absolutely nothing you can do about it so my advice is :
God, grant me the serenity to accept the things I cannot change ...
the courage to change the things I cannot accept ...
and wisdom to know the difference between the two.
Digger
I didnt think you paid the excess on third party claims.
You pay it .. and then it's recovered from the other driver's insurer if he/she is liable for the accident. The accident damage to your car cannot be repaired until the excess is paid - even if you are not at fault .
dunk
"Well they would say that ... wouldn't they!"
Let your insurance company know the full details of what happened, be prepared to cooperate them and work with them to defend the case...including standing up in court to give evidence as a witness....trust me they will take notice of what you say ... but need your cooperation to turn this down successfully.
The law and procedure for injury claims is about to change... the ambulance chaser know their time is running out so are doing everything they can to get as many cases in the system before things change
Sorry should have been clearer, if you have an accident that is your fault, and you don't claim to repair your car, you pay no excess.
I thought that the law had changed, and there was now a stipulation that the accident had to be at 10kph or more before whiplash would be possible, so would be ruled out of claims below this speed?
As for the whole insurance thing, it's a nightmare, we had a similar thing a few years ago, basically the wife nudged the guy in front, no real damage bar a graze to his bumper, but it went the whole hog, embarrassing that in this day and age you can't just use common sense approaches to things like claims.
I would also reiterate the advice about whiplash at lower speeds, i did get a bit myself in a car incident where we were shunted, no real effect at the time, but the next morning it was painful, a week later i see the doctor and put on tramadol and other stuff, and after a month it was better, that's why i wonder about these large claims and payouts, it's not really as bad as people make out in 95% of whiplash injuries, it can be treated and get better within a reasonable time, so why 10k claims?
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