Backed into another car, they're claiming whiplash

Rich_L · 25-08-2006, 02:03

Now then, this will depend on how good her solicitors, and your insurance company are. The problem being that a soft tissue whiplash-style injury is very difficult to contest as essentially it doesn't show up on any scans and the medical practitioners are working on what boils down to a 'poke and OW' test. Unfortunately for you there are a few specialist consultants who will provide evidence to the extent that even very low speed claims can cause a shunt causing whiplash which is difficult to argue against in respect of causation, the problem being that once primary liability is admitted in respect of causing the accident the extent of injury caused is simply a contest of medical opinion, which always tends to favour the Claimant. It may be the case that if you strongly contested causation and got various engineers reports involved then you may be able to succeed in making the claimant discontinue, however bear in mind that the solicitor will undoubtably be working under a CFA (no-win,no-fee) so can pursue it to the death without suffering any major loss whilst the insurance company will in all likelihood take the decision to settle on an economic basis.

To summarise - contest it strongly at the start, but also bear in mind that it may well be easier to simply admit liability, the insurers take the hit and you have a legitimate grumble against the compensation culture

25-08-2006, 02:03	#11
Rich_L Dr Cocktapuss Join Date: Jul 2006 Location: Seven Sizzles Posts: 1,044	Now then, this will depend on how good her solicitors, and your insurance company are. The problem being that a soft tissue whiplash-style injury is very difficult to contest as essentially it doesn't show up on any scans and the medical practitioners are working on what boils down to a 'poke and OW' test. Unfortunately for you there are a few specialist consultants who will provide evidence to the extent that even very low speed claims can cause a shunt causing whiplash which is difficult to argue against in respect of causation, the problem being that once primary liability is admitted in respect of causing the accident the extent of injury caused is simply a contest of medical opinion, which always tends to favour the Claimant. It may be the case that if you strongly contested causation and got various engineers reports involved then you may be able to succeed in making the claimant discontinue, however bear in mind that the solicitor will undoubtably be working under a CFA (no-win,no-fee) so can pursue it to the death without suffering any major loss whilst the insurance company will in all likelihood take the decision to settle on an economic basis. To summarise - contest it strongly at the start, but also bear in mind that it may well be easier to simply admit liability, the insurers take the hit and you have a legitimate grumble against the compensation culture __________________