I had a bit of an accident recently. Basicaly what happened was that I was leaving a junction coming out of a petrol station, and unfortunately I claipped the back bumper of a passing car as I exited. The accident occoured at about 3mph. Now the person involved did drive on and later contacted the police, who contacted me. I had tried in vain to catch the lady involved. When the police contacted me, I then contacted her, and she told me that she was advised by her solicitor to claim for whiplash, so she's complain of a sore neck. Now she may well have whiplash, but what should I do. How do I know if this is legit. I mean it was a seriously slow accident, and the damage is so superficial to her car that I could rub it off. I actually didnt relaise what has happened at first cos I barely noticed a bump at all. Maybe she really does have whiplash and is genuine, but I don't understand how it is so easy for people to just say they have whiplash. I've never had an accident and I rather not be robbed if she hasnt really got whiplash. If she has then fair enough. What should I do and where do I stand. I am fully willing to take responsibilty for any true damage caused, but I have my suspicions. People seem money hungry and are made from sugar these days, and I feel like I have no rights regarding this to make sure she is legit. Any advice would be appreciated, and I understand it was my fault for hitting the car.
Seek a solicitors advise. Does your car insurance include legal cover? She will have to get a doctors note and claim that it has caused continuing stress or a detrimental effect to her lifestyle to actually make a claim against you. She's got nothing against you personally, she's just been approached by someone on a no win no fee that has said "if you were in an accident and you "have whiplash", you might be able to get some money so there's no harm in trying".
I've heard on a news report recently of a lot of people committing insurance fraud by claiming they have whiplash.
First off, if she noticed the clip, and her neck hurt that much, how come she didn't stop, especially if you were trying to catch up to her? Second, it's possible to get neck pains from slow crashes. I've reversed into a wall (new car, unfamiliar parking space) at about 5mph if that, and had a little bump that hurt my neck for a few hours. Nothing major that stopped me from doing anything, but an agitation. No damage to the car, though, so make of that what you will. You'll be after doctor's evidence for whiplash, and possibly evidence from her employer that she couldn't go to work, etc - if neither materialise, it's a swiz. Also, at a petrol station, you'll be after witnesses to say she drove off (they have CCTV at nigh-on EVERY station in the country). What exactly was the situation? Were you pulling out of a petrol station, and she was stationary in front of you in the station, was she parked/driving on the road in front of the station, etc?
Thanks for the advice Bindi. Unfortunately I am third party, so I am proabaly not. Maybe I should phone my insurers?
Thats really what bothers me. I am sick for the amount of fraud going on. I have been ripped off too much by people trying to pull the wool over my eyes and IF she is, I don't want her getting a penny for whiplash.
Yea I heard that you can have pain, and if she is legit then if she wants to claim then thats the law. I was coming out and she was driving past. She was slowing down at the time and I misjudged that by looking in the opposite direction and assuming that she was in a fast moving lane. I don't know at all why she didnt stop though. It's a mystery to me. With cameras that will prove I was in the wrong, but I had driven out onto the road in the opposite direction at that point, but I tured round to follower her, but with the traffic there I was too late.
I was thinking more along the lines of cameras to show she did nothing at the time/didn't notice it. Because, believe me, if your neck whips enough to give you that sort of pain, you'll stop the car.
At 3 mph their should not be serious whiplash and if she made no attempt to stop after the accident then the impact and resulting 'injury' claim seems like a money grab. If it was real she would have problems driving home. I had whiplash after a slip-and-fall. It is not a trivial injury and you should ask for a note from her doctor for your insurance company records. A solicitor is not a doctor and claiming a vague injury based on a recommendation is a scary escalation to a minor fender-bender. I would contact your insurance company immediately and never admit fault for her whiplash unless directed by your insurance company. Your insurance company must have an opportunity to go over all the details and most importantly get a legitimate doctors note from her backing up the injury claim before starting a claim. A chiropractor or spine specialist should look at her alleged injury and not a general practitioner, nurse, RN or insurance solicitor.
Sounds like a complete bogus claim to me and she's trying to get money for nothing. From the sounds of it, it's a lawyer just making a potshot claim and hope he scares you into and out of court settlement or something. Put up any resistance to tell them you're not going to take it lying down and the case will probably dissolve. But the best advice would be to contact a solicitor with experience in injury claims. Remember, don't contact a solicitor about something outside their usual field, they'll take you on but they'll generally have to do research which will cost you more money.
Phone your insurance company to check, but if they don't provide it go and visit a police station to ask about the situation - be honest and just say what you said here: you admit it and pay for damages but the whiplash claim is excessive. They may even make it a criminal case of fraud if they investigate the evidence.
It sounds a bit suss to me, and her solicitor wants a cut. Whiplash usually happens when something hits you from behind (occasionally from the side though) making your head jerk back. At best you'll get torn or strained muscles, at worst you'll crack the base of your skull where your spine joins. If you clipped her bumper enough to change her speed significantly it would make her head jolt forward not backwards, and I've never heard of anyone getting whiplash in that situation. She won't be able to make a conviction stick unless she can prove that she has whiplash though, contact your insurance company asap and they should get the ball rolling and get a neutral specialist on the case (not a doctor she knows, and probably whines at to get what she wants). Good luck, hopefully the dippy tart will have a real accident thats her fault in some karmic awesomeness, that will mess her up properly. My brother cant look up because of whiplash, and I hate people that will try it on just for some free money.
Solicitor FIRST before you goto the police. That could be a VERY schoolboy error and result in getting done by the piggies for admitting it.
The police have already been involved as it was them who contacted me about it. I admited the accident, but they never told me about whiplash. Theyve washed their hands of it already.
Was speaking to a friend about whiplash recently, a friend of his works in the emergency services and the number of people who claim whiplash at the scene of a crash are faking it (with no noticable damage to the car) - He's so fed up of it in fact that as soon as whiplash is mentioned he's started telling them not to move and that he's going to get the fire-brigade to rip the roof off the car to get them out safely, it's amazing how many make a miraculous recovery. he also said that the effects of whiplash might not be felt for a short while after the accident. Also, as to the doctors note it's supprising how many coach the 'victim' into saying they have whiplash ("are you sure you're not feeling any pain here? No? Really?").
1,000 GLORIOUS POSTS IN 5 YEARS! So yea, I contacted the insurance company who will be doing a full investigation. I explained all that happened. I'll keep the story up to date though. They will investigate the cars and the scene. So it's all good. The truth will come out I think>
sounds a bit suspect to me having driven off and then only after contacting the police once they realise they maybe able to get some money out of it.
Had to visit her to swap detail. Just got back. She is saying the impact has gone all up her back and over her head. Fair enough, but starange for a side impact at 3mph. Still thankfully it's out of my hands. Just hope the inurance dosent go up to much!:doh:
This kind of business has happened to a few people I know in Bradford actually, but a bit more planned. My mate slapped a couple of guys who tried it on him (he's a bit mental and they'd just written off his audi), coppers turn up and the paramedics say to them "arrest these other guys, they were saying they couldn't move then they got up and ran when this guy kicked off on 'em". They got prosecuted for insurance fraud, he got a caution. How I laughed.
