Backed into another car, they're claiming whiplash - Page 2

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

petemc · 25-08-2006, 09:51

Its funny that she could only afford 3rd party and now she's got a solicitor. It'll be those bloody adverts. "Where you just in a small car accident? Need some extra money? Hire us and we'll milk it for all its worth. Call now and get a free ball point pen!"

kaiowas · 25-08-2006, 09:54

You could get shafted here.

A few years ago a had an accident where i bumped into someone from behind on the entrance to a roundabout (It was the common mistake of anticipating her joining the roundabout then she changed her mind and i ran into her)

Had a look at the cars and could see no damage to either so thought I'd got away with it. Next day she contacted me saying she had a stiff neck and had been advised to claim for whiplash. Which was ridiculous as there was no way whiplash could be caused by sucha slow accident. At this point I contacted my insurance company and went through a claim form expecting her claim to get thrown out pretty quickly.

From here onwards my insurance company were utterly useless. Every time I contacted them they were unuable to tell me anything about how the claim was progressing. Meanwhile I had lost my NCB so when my renewal came around I had to renew with no NCB on the promise that I'd get both that and the extra premium back should her claim be rejected.

After 2 years of being told nothing I eventually chalked it down to experience and gave up chasing it, only to learn some time after that that the woman hadn't even submitted a claim. I'd basically been given all that hassle and lost my NCB on the strength of a 'possible' whiplash claim.

petemc · 25-08-2006, 09:59

Damn thats not good.

Fayshun · 25-08-2006, 10:00

Get down the CAB or even see a solicitor yourself (I'm sure you can get 1/2 hour free).

I'm 99.99% sure she's trying it on as it's a front to back whip of the neck that causes whiplash not side to side.

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 __________________

25-08-2006, 09:54	#13
kaiowas The Stig Join Date: Jul 2006 Location: Fightertown USA Posts: 1,458	You could get shafted here. A few years ago a had an accident where i bumped into someone from behind on the entrance to a roundabout (It was the common mistake of anticipating her joining the roundabout then she changed her mind and i ran into her) Had a look at the cars and could see no damage to either so thought I'd got away with it. Next day she contacted me saying she had a stiff neck and had been advised to claim for whiplash. Which was ridiculous as there was no way whiplash could be caused by sucha slow accident. At this point I contacted my insurance company and went through a claim form expecting her claim to get thrown out pretty quickly. From here onwards my insurance company were utterly useless. Every time I contacted them they were unuable to tell me anything about how the claim was progressing. Meanwhile I had lost my NCB so when my renewal came around I had to renew with no NCB on the promise that I'd get both that and the extra premium back should her claim be rejected. After 2 years of being told nothing I eventually chalked it down to experience and gave up chasing it, only to learn some time after that that the woman hadn't even submitted a claim. I'd basically been given all that hassle and lost my NCB on the strength of a 'possible' whiplash claim. __________________ Anal Fish Porn

25-08-2006, 10:00	#15
Fayshun Rocket Fuel Join Date: Jun 2006 Location: Adrift in the Orca Posts: 6,845	Get down the CAB or even see a solicitor yourself (I'm sure you can get 1/2 hour free). I'm 99.99% sure she's trying it on as it's a front to back whip of the neck that causes whiplash not side to side. __________________ We must move forward not backward, upwards not forward, and always twirling, twirling, twirling...

25-08-2006, 09:51	#12
petemc Moonshine Join Date: Jul 2006 Location: Nr Liverpewl Posts: 4,371	Its funny that she could only afford 3rd party and now she's got a solicitor. It'll be those bloody adverts. "Where you just in a small car accident? Need some extra money? Hire us and we'll milk it for all its worth. Call now and get a free ball point pen!"

25-08-2006, 09:59	#14
petemc Moonshine Join Date: Jul 2006 Location: Nr Liverpewl Posts: 4,371	Damn thats not good.