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Car crash - would you claim?

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Wifey had a car crash this morning - tight 90 degree right hand bend, she was aware the car coming the other way wasn't going to turn - went straight into the front corner of her car.

First thing the other woman said was "I don't know what happened". After speaking to her daughter on the phone (a solicitor - we vaguely know the family) her story went to "I had to swerve to try and avoid her" implying wifey was in the wrong.

They probably don't realise that the car following her (the other woman) has given a statement to the police that she (the other woman) just went straight on.

The cop in charge at the scene even said to me it looks like that's what had happened.

Whiplash, two badly bruised and swollen shins, and a nasty burn and swelling on her wrist, probably from an airbag, a days lost productivity, very shaken. Would you claim? I've always been of the opinion that if you're in a smash and you get away without lasting damage, you're lucky and should count your blessings. But with this other woman trying to wriggle out of responsibilty, I feel different.
 
I would - but there again I run a claims site :)

http://www.claims.co.uk/road-traffic-accident/whiplash-injury-claim.html

from there:

Minor whiplash injuries can receive from £1000 to £4575, whereas more severe cases can result in compensation of up to £86, 500.

Some insurers try to make an early offer to settle whiplash claims with their clients but it is always advisable to take independent legal advice before agreeing to any settlement.


:)
 
Wifey had a car crash this morning - tight 90 degree right hand bend, she was aware the car coming the other way wasn't going to turn - went straight into the front corner of her car.

First thing the other woman said was "I don't know what happened". After speaking to her daughter on the phone (a solicitor - we vaguely know the family) her story went to "I had to swerve to try and avoid her" implying wifey was in the wrong.

They probably don't realise that the car following her (the other woman) has given a statement to the police that she (the other woman) just went straight on.

The cop in charge at the scene even said to me it looks like that's what had happened.

Whiplash, two badly bruised and swollen shins, and a nasty burn and swelling on her wrist, probably from an airbag, a days lost productivity, very shaken. Would you claim? I've always been of the opinion that if you're in a smash and you get away without lasting damage, you're lucky and should count your blessings. But with this other woman trying to wriggle out of responsibilty, I feel different.

Someone drove into me on Christmas Eve. It was really icey and they were going too fast for the road (only about 20mph max speed but it was sheet ice), couldn't stop and skidded into he side of me at about 3mph.

My car is worth about £200 tops so just said to forget about it (passenger door and rear panel were all dented in), have a nice Christmas etc and for her to sort her car out herself.

Mid-January get a letter saying I was being claimed against for pulling out on her, it was my fault, she had a witness (there was not a single person there) and her and her three children all claimed whiplash.

It's amazing how people change when they see they might make a few quid and have the support of their friends and family.

I physically felt sick that I was so polite, didn't claim, told her not to worry trying to be nice and then she does that to me.
 
I would - but there again I run a claims site :)

http://www.claims.co.uk/road-traffic-accident/whiplash-injury-claim.html

from there:

Minor whiplash injuries can receive from £1000 to £4575, whereas more severe cases can result in compensation of up to £86, 500.

Some insurers try to make an early offer to settle whiplash claims with their clients but it is always advisable to take independent legal advice before agreeing to any settlement.


:)

She already goes to a sports physio 2 or 3 times a month to get her back worked on - she's got a twist in her spine. Don't think this is going to help any.

Claiming goes against the grain, but as this woman changed her story to try and blame her indoors I see it more as defense.

Nice domain BTW.
 
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Someone drove into me on Christmas Eve. It was really icey and they were going too fast for the road (only about 20mph max speed but it was sheet ice), couldn't stop and skidded into he side of me at about 3mph.

My car is worth about £200 tops so just said to forget about it (passenger door and rear panel were all dented in), have a nice Christmas etc and for her to sort her car out herself.

Mid-January get a letter saying I was being claimed against for pulling out on her, it was my fault, she had a witness (there was not a single person there) and her and her three children all claimed whiplash.

It's amazing how people change when they see they might make a few quid and have the support of their friends and family.

I physically felt sick that I was so polite, didn't claim, told her not to worry trying to be nice and then she does that to me.

Wow, how shitty is that. Lesson to learn is always get the police involved.
 
... and the claims culture is why everyones car insurance quote is double last years!!

It's a sham, scam, and sorry state of affairs. Until fraudulent claims result in more than a slapped wrist instead of being 'settled' then insurance is going to go up, the number of uninsured drivers it going to go down, and no one is going to force the insurance companies (and the legal fraternity and their no-win-no-fee) to get their house in order!!

pah!


but yes, get the police involved every time, and put a disposable camera in the glovebox just in case you have an accident or witness anothers.

S
 
Someone drove into me on Christmas Eve. It was really icey and they were going too fast for the road (only about 20mph max speed but it was sheet ice), couldn't stop and skidded into he side of me at about 3mph.

My car is worth about £200 tops so just said to forget about it (passenger door and rear panel were all dented in), have a nice Christmas etc and for her to sort her car out herself.

Mid-January get a letter saying I was being claimed against for pulling out on her, it was my fault, she had a witness (there was not a single person there) and her and her three children all claimed whiplash.

It's amazing how people change when they see they might make a few quid and have the support of their friends and family.

I physically felt sick that I was so polite, didn't claim, told her not to worry trying to be nice and then she does that to me.

That's put me in a bad mood just reading it.

I can't stand the claims culture in the country either, especially all that no win no fee crap.

- Rob
 
I had crash where someone ploughed into the side of me when I was going round a mini roundabout, one of those one's painted on the road that everyone just drives over, well that's what this guy did and smashed into the side of my car and pushed me up against the central reservation, it was like a scene from casualty.

I broke the neck of my femur where it joins the hip, I couldnt walk for 7 months, bizzarely my car was stolen from the scene (well it was near Tottenham) anyway when the crash investigators from my insurance went to look at the damage to his car to assess blame , he had already had it repaired so no evidence, and my car was stolen so no clues from mine either, so I had to live on invalidity benefit for 7 months, about £50 a week.
 
I was scammed in late 2009 by a **** in Manchester. It took over a year to play out though.

Sorry for the length of this - it's a long story as short as possible...

The lad who ripped me off had his friend in a car ahead of me.

He had stopped on the road and the scammer was stood on the other side of the road, talking to his friend through the driver's window. Between them they were blocking both lanes of traffic.

The lad on foot then slowly turned around, looking at the lead cars in both lanes. Obviously picking the victim. I don't know what was on the other side, but I'm in a Jag so he picks me.

His friend drives off, he walks across me to the left of me and waves me forward.

I drove off, slowly.

Straight away he hit my car with a plastic drinks bottle in his hand and spun around shouting "you f'ing hit me. pull over, pull over".

I pulled over and got out of the car. Straight away his was really aggressive and suggested we could "sort this out here and now". ie, I could pay him off.

I refused and said I was going to call the local police (not 999). I knew it was a scam.

He was in my face, a big lad, saying "go on, phone them..." so I did. He then got on to the phone to his mates who turned up in seconds and got out threatening to kill me (literally "what are you doing around here? don't you come to my area. I'll f'ing kill you" and chasing me across the road away from my own car - btw I'd lived in this specific area for 15 years or so, and in the general area all my life, he was about 20).

The police hadn't turned up so at this stage I called 999. I was seriously in fear for my life at this stage.

Still nothing.

20 minutes later I called them AGAIN.

Eventually I could hear a siren and a police van came up the street. His friends jumped in their car and drove off just leaving the two of us.

He feigned injury but didn't have a mark on him (my car didn't touch him! He hit my car with the plastic bottle!).

The police told me they could tell he was dodgy.

He then went to a no-win no-fee company who advertise on TV and put in a claim. Months later I got a letter from them.

The claim included a visit to A&E (literally 2 minutes walk from the incident btw) which said there were no visible marks but language that said "the patient says he was hit by a car" and "the patient says he has pain in his arm".

He paid a private doctor to say the same thing months after the incident! That report said there were no marks on him but "he said" he had been hit etc.

The solicitors that my insurance company employed didn't even look into the guy properly, they had his name wrong and said they could find nothing on him...

So I did the search properly and found he sold "cheap" designer brands online etc. Ok, not proof of the incident being a scam, but it shows his character.

The upshot was my insurance company settled it despite my full co-operation because they said it was 50/50 and they can't justify paying the legal costs. I told them I was prepared to go to court to defend myself.

They said he had a visit to A&E logged and said that would make it look genuine (even though it involved walking 2 minutes down the road to the hospital AND the fact the A&E report said there were no marks or blood on him).

They also said he had a doctor's report. Even though that also had no evidence of injury at all and was simply a paid-for private report. But it had the signature of a doctor on it! Ker-ching.

The barrister even had the cheek to say it was the insurance companies profit that I was asking them to spend to defend me and I should understand why they would rather settle it than pay! Hang on, that's exactly WHY I pay them. Profit is what's left over when they've done their job, not before!

They asked me to sign a form to agree to the settlement. I refused.

They said ok, we don't need you to sign it anyway, we're just being polite. They settled. My insurance has gone up. If I go elsewhere I have to admit to the claim against me.

All I was doing was going about my lawful business. I get dragged into this scam because I have a nice car. I have my life threatened. I go through a year of hell and end up with massively increased insurance.

The conman got a nice pay out. The solicitor my insurance company used was paid handsomely for "helping" me. The barrister they consulted was paid handsomely for "helping me". My insurance company takes a fortune off me, and you, to help cover it.

The only loser is me and the rest of us paying for this shit.

It was the final straw for me in that shitty country. I've moved abroad.
 
Just about sums it up. I live in the NW and there are parts I won't drive through (let alone walk through!) because of the frequency this is happening, especially the 'rear end shunt' scam, of which I saw in progress only last week.
 
I'm sure a great deal of this claims culture could simply be resolved if there was closer regulation for claims management companies, doctors and solicitors. There have been various stories I have heard before to the effect of 'injured' people almost having words put in their mouth by all of the above in order to get a successful claim.

After all, compensation for the individual is not meant to be profit. As far as I'm aware it's meant to be a suitable amount to recover calculated losses.
 
Just about sums it up. I live in the NW and there are parts I won't drive through (let alone walk through!) because of the frequency this is happening, especially the 'rear end shunt' scam, of which I saw in progress only last week.

There was a gang in Bolton that got caught doing that but not until they'd been paid out loads of times - like 50 or so If I remember correctly.

jhump - cases like yours are real sickeners - no evidence of injury, no claim, that's how it should be. Otherwise, what are they claiming for?

I can assure everyone that the wife's position is very different. This morning she can barely move through aching and bruising. She runs her own business and has had to cancel appointments this week; can't move her neck; had difficulty breathing throughout the night - doc says it'll be internal inflamation. And all because some dozy trout wasn't watching where she was going. Then she had the affront to imply my Mrs was in the wrong.
 
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My attitude is that if someone suffers a genuine loss, they should make a genuine claim. A bit of a sore neck / wrist isn't worth a claim. Whiplash effecting several days or more, or injuries (even minor ones) that genuinely stop you from working, are worthy of a genuine claim (as opposed to an over inflated one).

I too detest the 'claims culture' - but I don't object to someone making a genuine claim. Only you and your wife know whether this is bad enough to warrant a claim - but it sounds like it might be.

Edit: Just read your post before mine and it seems like there is genuine loss which could be validly claimed for without guilt!
 
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There is deffo a 'business' in this, as I have been running the claims site the amount of people searching for stuff related to faking whiplash etc is huge - (I posted on it http://www.claims.co.uk/news/fake-injury-claims-update.html )

I have tried to offer it to third parties in terms of trying to link IP's and claims etc however no interest.

In terms of claims the flip side is there needs to be systems in place to compensate, as people lose quality of life and ability to do stuff due to no fault of their own.

Blame culture is bad, however quite a large proportion of claims are decent 'proper' ones and the stories behind them do make you realise that compensation is 'just' in most cases.

Btw - MOJ / legalities about doing claims stuff online is tightening up, and hopefully will clean up the industry alot!
 
I'm sure a great deal of this claims culture could simply be resolved if there was closer regulation for claims management companies, doctors and solicitors. There have been various stories I have heard before to the effect of 'injured' people almost having words put in their mouth by all of the above in order to get a successful claim.

After all, compensation for the individual is not meant to be profit. As far as I'm aware it's meant to be a suitable amount to recover calculated losses.

Agreed.

Start with the medical evidence. After all, if an amount of compensation can be quantified then surely that must stem from the amount of injury caused? If no discernable injury can be found, how can a figure for compensation be arrived at?
I know that wouldn't be a perfect system - how can someone judge if say someone has repetative migraines or whatever, but it's a starting point.

The other thing is more surveillance on claimants. If someone says they had a migraine three times that week but they were followed to watch a football match one day, and went to the pub the other 6 days, you could reasonably prove they're a lying piece of crap.
 
My attitude is that if someone suffers a genuine loss, they should make a genuine claim. A bit of a sore neck / wrist isn't worth a claim. Whiplash effecting several days or more, or injuries (even minor ones) that genuinely stop you from working, are worthy of a genuine claim (as opposed to an over inflated one).

I too detest the 'claims culture' - but I don't object to someone making a genuine claim. Only you and your wife know whether this is bad enough to warrant a claim - but it sounds like it might be.

If she does make a claim, she'd be happy for it to be paid directly to a physio for any whiplash treatment, and to cover her for loss of earnings. The bruising and stuff will all go. Maybe thats the best way to weedle out spurious claims.
 
My boyfriend got hit by a car 2 years ago, through no fault of his own. He broke his leg in two places, was in hospital for weeks, had physiotherapy for almost a year, lost out on a several hundred pound course/activity thing he'd already booked, failed uni, and missed out on his dream job because of it (he had been offered it on condition of his final degree mark).

He also worked his arse off at a full time job and doing full time uni work whilst travelling a hundred miles or so on public transport for hospital appointments. His leg still affects him and what he can do.

He's given up almost everything he loves over the past two years (several martial arts, hiking, climbing, cycling, archery and a few others). What has he received in compensation? Absolutely nothing. They've dragged it out for the past two years, 'losing' details, questioning details, changing their minds about what they want, basically making every excuse possible. Be prepared for a long fight.
 
I work on a tit-for-tat scheme. For those game theory fans it gives the best pay-off. The way I see is that you started being nice but they responded by being nasty and that means you should also be "nasty" and claim.

Claim, because it is your right, she had the opp to play fair...and isnot playing fair. Its not nasty to claim, only gets at redressing the balance and punishes the women.

My old mum bumped a car in a car-park driving at 1mph into a parked car and slightly damaged a light. The women of the other car did not want to go through the insurer and gave it all those crap about being a "single mum etc etc", whilst having a new sports car. It turns out she was just looking to make a few hundred by getting a receipt for the work and not having anything done. I stepped in and refused to pay and pointed her in the direction of the insurance company....

People are sh*ts....fact of life and they see insurance fraud as a victimless crime.
 
Hey, been in a few myself, as have my family - we all ride bikes so are pretty vulnerable.

I would 100% claim in your situation, look at it this way.

Lets say she crashes again into someone, but very severely injures them. However lets say this time, their are no witnesses and she blames it on the other person agan. The other person cant claim for their injuries as there is no evidence, no witnesses and just 1 persons word against another. That could quite easily ruin their life.

Now if you don't claim against her, you're showing her, and her solicitor daughter that this kind of lie is acceptable.

Not to mention if the other party claims down the line you will be asked 'why didn't you claim' - which I have also learnt the hard way!
 
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