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Person claiming against me for personal injury, help
Hi,
I really need some advice. A few weeks ago, I was involved in a collision with another car. It was a complete accident, the road conditions were really bad (foggy and wet). I was driving along the road, the car in front of me stopped really suddenly - I was travelling at about 25-30mph on a 40mph road (as there was a lot of traffic so I couldn't go at 40). I started to brake but it was all so sudden and my car skidded on the wet road and hit the back of the car in front.
I was really shaken up as this is my first accident and I've been driving 2 years. I got out and the woman from the car I hit was out before me and was shouting and screaming at me. She accused me of speeding, driving illegally, drink-driving and called the police on me. She had hit a van that was in front of her and she was saying I had shunted her into it, but I don't think this was true. I was braking so I didn't hit her that hard and I don't remember seeing her brake lights.
The police and ambulance came, it was all recorded and the police said it was just an accident and put it down to the bad conditions. The woman was milking the situation for all it was worth. The paramedics said she was fine yet she was going around clutching her chest (though she forgot herself when she had a go at me and didn't seem in pain at all.) I was more injured than her, my knee was badly bruised where it had hit the interior and I had facial injuries and whiplash. The paramedic had to keep me in the ambulance for ages because my heart was going so fast. I certainly wasn't in the state to be shouting the way she was able to, put it that way.
I thought it was all settled through the insurance but now, weeks later, I've just received a letter about a claim for personal injury. She's claiming for 'chest pains' and saying I was negligent, did not attempt to brake and wasn't in control of the car. This is a total lie. The claim form said she had no diagnosed injuries, did not go to hospital, had no days off work (even though she told the police she was driving to work - with her husband in the car - and she was about 75!) It just seems to be like she's completely money grabbing.
I did expect this as her husband was saying "oh we'll need a new car now" before the police arrived and in the ambulance, she kept going on about how she wanted money for a car. They just seemed completely money-focussed and it wouldn't surprise me if they'd had other accidents.
What do I need to do now? Should I phone my insurance company? The letter says they recommend I seek legal advice and this has really scared me. Is she going to try and take it further? I think she might have hit the van first, as I don't think I shunted her into it to do that much damage. I'm not sure what to do and this has really upset me as I was just putting this whole thing behind me
edit: just read it again, she's also claiming for whiplash, chest/back stiffness and she said the road conditions were misty, not foggy when they were very foggy and the police even said this. This solicitor's letter says I need to fill in something on the form and send it back but I don't understand what I'm filling it in for? I might just ask my insurers.
I really need some advice. A few weeks ago, I was involved in a collision with another car. It was a complete accident, the road conditions were really bad (foggy and wet). I was driving along the road, the car in front of me stopped really suddenly - I was travelling at about 25-30mph on a 40mph road (as there was a lot of traffic so I couldn't go at 40). I started to brake but it was all so sudden and my car skidded on the wet road and hit the back of the car in front.
I was really shaken up as this is my first accident and I've been driving 2 years. I got out and the woman from the car I hit was out before me and was shouting and screaming at me. She accused me of speeding, driving illegally, drink-driving and called the police on me. She had hit a van that was in front of her and she was saying I had shunted her into it, but I don't think this was true. I was braking so I didn't hit her that hard and I don't remember seeing her brake lights.
The police and ambulance came, it was all recorded and the police said it was just an accident and put it down to the bad conditions. The woman was milking the situation for all it was worth. The paramedics said she was fine yet she was going around clutching her chest (though she forgot herself when she had a go at me and didn't seem in pain at all.) I was more injured than her, my knee was badly bruised where it had hit the interior and I had facial injuries and whiplash. The paramedic had to keep me in the ambulance for ages because my heart was going so fast. I certainly wasn't in the state to be shouting the way she was able to, put it that way.
I thought it was all settled through the insurance but now, weeks later, I've just received a letter about a claim for personal injury. She's claiming for 'chest pains' and saying I was negligent, did not attempt to brake and wasn't in control of the car. This is a total lie. The claim form said she had no diagnosed injuries, did not go to hospital, had no days off work (even though she told the police she was driving to work - with her husband in the car - and she was about 75!) It just seems to be like she's completely money grabbing.
I did expect this as her husband was saying "oh we'll need a new car now" before the police arrived and in the ambulance, she kept going on about how she wanted money for a car. They just seemed completely money-focussed and it wouldn't surprise me if they'd had other accidents.
What do I need to do now? Should I phone my insurance company? The letter says they recommend I seek legal advice and this has really scared me. Is she going to try and take it further? I think she might have hit the van first, as I don't think I shunted her into it to do that much damage. I'm not sure what to do and this has really upset me as I was just putting this whole thing behind me
edit: just read it again, she's also claiming for whiplash, chest/back stiffness and she said the road conditions were misty, not foggy when they were very foggy and the police even said this. This solicitor's letter says I need to fill in something on the form and send it back but I don't understand what I'm filling it in for? I might just ask my insurers.
(edited 12 years ago)
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Sue her right back.
Don't worry, she won't get anything at all. She won't be able to take it further than this. See, this is why I hate old women.
If she had hit the van usually the police investigators could find it out through the tyre marks.
I would get in touch with the insurance company and let them deal with it as it does appear that she is taking you for a ride, its very very remote to have chest pains and injuries as a result of a rear-end crash, whiplash or spinal type injuries yes definitely, but chest pains usually are more of a result of a front end collision and usually needs to be at high speed. All the have to do is look at the condition of the steering wheel after the crash.
I would get in touch with the insurance company and let them deal with it as it does appear that she is taking you for a ride, its very very remote to have chest pains and injuries as a result of a rear-end crash, whiplash or spinal type injuries yes definitely, but chest pains usually are more of a result of a front end collision and usually needs to be at high speed. All the have to do is look at the condition of the steering wheel after the crash.
I can't really sue her though, as I did go into the back of her, technically it was my fault. The thing is, she is milking it so much. It was a genuine accident but this solicitor's letter is worded like I'm a maniac speeding round at 100mph and crashing into people all the time! At the scene, she was also telling the police she was going to work when the form says she's retired...so I bet she fully intended to claim for loss of earnings too before she realised it would expose her as a liar. I'm scared I'll have to go to court and everything though when I just want to forget it
(edited 12 years ago)
she'll probably get given around £1500 from your insurance company
whiplash etc can't actually be proven, so they almost have to give them some money.
in my experience anyway.
sorry
whiplash etc can't actually be proven, so they almost have to give them some money.
in my experience anyway.
sorry
Original post by her0n
I think you need to let your insurance company handle this one!
I agree. It needs real experts on the case.
She must have seen one of those adverts: "Have you been involved in an accident that wasn't your fault? Then contact Injury Lawyers 4U (or whatever company it is)".
Katy, have a look here:
http://forums.moneysavingexpert.com/showthread.php?t=2062543
We can hope you wouldn't have been doing 40 if you could given the conditions! Bad luck hope all goes well. Did you take photos?
Original post by Landie_Man
We can hope you wouldn't have been doing 40 if you could given the conditions! Bad luck hope all goes well. Did you take photos?
Stupidly, I didn't take any photos. The main reason for this is because I was in a real state of shock, was distressed and I had the woman screaming at me so I was quite disorientated and it didn't enter my mind to take a photo. Her entire family also drove up to the scene and were all around her and the vehicles (to make me feel even worse!) and that also threw me off. Just wasn't thinking straight, though I wished I had now.
When I rear ended a fairly cheap KIA at 5mph I was pretty shocked tbh. I paid cash outside insurance, £393 and that was a discount off the garage
Wow what a bitch.
It's not too related but the amount of old women I see driving dangerously makes me think she was to blame more than it would seem.
It's not too related but the amount of old women I see driving dangerously makes me think she was to blame more than it would seem.
Original post by poolopis01
Sue her right back.
pshh american
yo op dont be scared, accidents happen and alot of insurance companies are aware of fruads so dont you worry about the false claims of her pains and stuff since theyll have to send her to a independant doctor to diagnose her and so from what you said you should be aight but they may possibly get away with getting their car repair replaced at your expense...
Get on the phone to your insurer straight away, they will confirm whether you have legal expenses insurance and will be able to assist you.
The letter you received will have probably come with a duplicate for you to send to your insurers or at least instruct you to inform them.
1) What documents have you received? Is it just a letter, and if so does it have a header or is it signed by a solicitor? And/or;
2) Have you also received a proper claim form (looks official and is called an N1 form) if so, has it got a court stamp on it?
You should also write an account of the accident as you remember it. At some stage you will have to make a statement and you will also be able to put your side of the story forward.
As for police reports etc - don't worry about them for now.
The letter you received will have probably come with a duplicate for you to send to your insurers or at least instruct you to inform them.
1) What documents have you received? Is it just a letter, and if so does it have a header or is it signed by a solicitor? And/or;
2) Have you also received a proper claim form (looks official and is called an N1 form) if so, has it got a court stamp on it?
You should also write an account of the accident as you remember it. At some stage you will have to make a statement and you will also be able to put your side of the story forward.
As for police reports etc - don't worry about them for now.
Original post by InnerTemple
Get on the phone to your insurer straight away, they will confirm whether you have legal expenses insurance and will be able to assist you.
The letter you received will have probably come with a duplicate for you to send to your insurers or at least instruct you to inform them.
1) What documents have you received? Is it just a letter, and if so does it have a header or is it signed by a solicitor? And/or;
2) Have you also received a proper claim form (looks official and is called an N1 form) if so, has it got a court stamp on it?
You should also write an account of the accident as you remember it. At some stage you will have to make a statement and you will also be able to put your side of the story forward.
As for police reports etc - don't worry about them for now.
The letter you received will have probably come with a duplicate for you to send to your insurers or at least instruct you to inform them.
1) What documents have you received? Is it just a letter, and if so does it have a header or is it signed by a solicitor? And/or;
2) Have you also received a proper claim form (looks official and is called an N1 form) if so, has it got a court stamp on it?
You should also write an account of the accident as you remember it. At some stage you will have to make a statement and you will also be able to put your side of the story forward.
As for police reports etc - don't worry about them for now.
It says on the letter that a duplicate has been sent to my insurance company. It is a solicitor's letter (signed by the solicitor with a header etc.) and it has a claim form with all the details of what she's claiming for and her address and what happened. No court stamp though. Looks like a no win, no fee kind of claim.
I gave the police a statement at the scene and told them about the road conditions which is what they said was the main contributing factor. I'm going to phone the insurance company tomorrow morning as I got the letter this afternoon.
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