Whiplash claim months down the line.....is it possible?
Driving, driving lessons, vehicles...
| Announcements | Posted on | |
|---|---|---|
| Enter our travel-writing competition for the chance to win a Nikon 1 J3 camera | 21-05-2013 | |
-
Whiplash claim months down the line.....is it possible?
Hello TSR
Im new so please take it easy xxx
Ok so lets get straight to the point. I had a little accident about 7 months back and it was a low speed collision about 3mph at the most where i hit a car that was waiting to turn right and i didnt see them and I pulled out of a junction onto main road resulting in me hitting the bumper and a little bit of the rear passenger door of the drivers side. Hope this makes sense! Just a few scratches at most on both cars, I didnt want to claim on damages to my car as its just a few scratches but he did and I totally understood that as it was my fault. We exchanged details and over a few weeks it was all sorted he got his car fixed and everything. (i assume its sorted because I received a letter from my insurance company stating that we are now going ahead to pay out the claim as we determined it was your fault and you have 21 days if you disagree). Anyway just recently I received a letter from some sort of legal firm stating that he is wanting compensation for whiplash and that he received treatment for it at the GP. I think that hes lying or somethings dogy going on here and I need everyones opinion. Any input would be appreciated gents and ladies xxxx
So the legal firm letter says that he received treatment for his whiplash at his gp. Now what I cant understand is why Im receiving this letter 7 months down the line after the accident which was supposed to have been sorted months back. Ive been reading on the internet that whiplash usually takes 24 hours after the accident to appear but can it take months to appear? I honestly doubt it but I want someone to clarify this please. It dosent state when treatment was given either on the letter thats why Im suspicious of this.
Also number 2 can 3mph really cause whiplash I mean he had a huge 4x4 and ive got a little tiny corsa X reg. it was barely an impact as can be told from the scratches and it was from the side of the rear passenger door on the drivers side. I am honestly a nice person I got out the car and first thing I did was check if he was ok and that I was sorry for the inconvenience I had caused him. He wasnt intrested in my apology and told me I was wasting his time by the crash.
what do i do now? Id hate to point the finger at anyone but I find it so difficult to comprehend that he really has a whiplash injury and how can you receieve treatment at the gp was he given mediciation for like the day? hows that whiplash? also ive been reading lots of articles about how easy it is to fake whiplash.
thanks for any help in advanced xxxx -
Re: Whiplash claim months down the line.....is it possible?hey clip xxx(Original post by Clip)
Refer them to your insurer.
thanks for reply. im going to call them tommorow morning before work yaaaay!
but what about the questions i asked what do you think about it all and where I stand? what happens if insurance disputes it will it go to court? do i have to court???!!! -
Re: Whiplash claim months down the line.....is it possible?
Depends how your insurance company is feeling. Either they will pay out, or they will fight it for you. Put serious pressure on them to fight it and they might, but sadly insurance companies find it easier - and probably cheaper - to pay out and add some more onto next years premiums.
Its a total ball ache, and something which I believe is being looked at by MPs and regulatory bodies, but its hard, if not impossible to prove someone does/doesn't have whiplash, so most of the time any legal fight is difficult and expensive. Even if it is successfully fought then the cost of going to court can be more than the cost of paying out. If they win they cant increase your premiums to cover it either, so they lose on both accounts. -
Re: Whiplash claim months down the line.....is it possible?As has been said by Clip, leave it up to your insurers.(Original post by becks999)
...
However, I wouldn't be too worried. I would imagine that unless he can show that he saw his GP soon after the incident and was treated for whiplash at that time then his claim will be rejected. -
Re: Whiplash claim months down the line.....is it possible?
As a vetran of many cycle colisions with dirvers failing to see me or my friends and giving us whiplash, I can reassure you that it can be a while before the whiplash gets diagnosed as the insurance company has to agree to pay out before you are refered to the doctor who they recommend to confirm that you have what ever you think you have.
this can take months
As a student at uni in Manchester many years ago, I was hit badly enough for people to assume I was killed. In those days whiplash was not routinely looked for in cyclists and I have have permanent neak damage from the whiplash I recieved but was never diagnosed.
Whiplash can be very nasty and go on for many months or even years and can result from even quite small bumps. -
Re: Whiplash claim months down the line.....is it possible?awww honey I feel so sorry for you I hope that your getting on well with your life xxxx(Original post by holbyandbusby)
As a vetran of many cycle colisions with dirvers failing to see me or my friends and giving us whiplash, I can reassure you that it can be a while before the whiplash gets diagnosed as the insurance company has to agree to pay out before you are refered to the doctor who they recommend to confirm that you have what ever you think you have.
this can take months
As a student at uni in Manchester many years ago, I was hit badly enough for people to assume I was killed. In those days whiplash was not routinely looked for in cyclists and I have have permanent neak damage from the whiplash I recieved but was never diagnosed.
Whiplash can be very nasty and go on for many months or even years and can result from even quite small bumps.
but I need to ask lets say it takes month to diagnose anything can happen in those few months, another car accident perhaps, any other form of accident that can cause that injury. Lets just say for example he went on holiday and hurt himself in a taxi and didnt have insurance. if he comes back and decides ''I might as well just say I had whiplash from the other accident'' thats what i call fraud and it disgusts me. Im not saying that he or anyone has done this but it is possible and thats why i am very suspicipous. xxxx -
Re: Whiplash claim months down the line.....is it possible?can he take me to court if this happens????! xxx(Original post by mackemforever)
As has been said by Clip, leave it up to your insurers.
However, I wouldn't be too worried. I would imagine that unless he can show that he saw his GP soon after the incident and was treated for whiplash at that time then his claim will be rejected. -
Re: Whiplash claim months down the line.....is it possible?I dont think i have legal cover it was an option and it was another extra 40 quids worth i just couldnt afford it xxxx i want to leave it down to the insurance company but im afraid they will have the attitude of we really cant be bothered hence we will just pay and i had no idea that you could claim twice on the same thing???!!! does that mean i will lose another no claims bonus?(Original post by gbduo)
Make those points to your insurer and tell them in the strongest possible terms that you do not believe this whiplash claim to be genuine and would like to use your legal cover to fight the case. -
Re: Whiplash claim months down the line.....is it possible?can they really do that though?? xxx ie after a claim is closed file another claim using a no win/no fee lawyer for whiplash. i cant understand it. my boyfreind is furious and dosent believe the driver has whiplash and hes just in it for the money but i dont want to jump to conculsuions just yet but to me its looking suspicious why 7 months after u know xxx(Original post by Herr)
Most likely a scrounger of the system who has met up with one of those scumbag vulture no-win/no-fees lawyers.
Call up the insurance company and let them deal with it. -
Re: Whiplash claim months down the line.....is it possible?You already lost it? Not that it means much anymore because even if you have 5rs NCB protected, the insurance company just up your premium so much, that even with the discount it is still horrendous if you claim.(Original post by becks999)
I dont think i have legal cover it was an option and it was another extra 40 quids worth i just couldnt afford it xxxx i want to leave it down to the insurance company but im afraid they will have the attitude of we really cant be bothered hence we will just pay and i had no idea that you could claim twice on the same thing???!!! does that mean i will lose another no claims bonus?
Its worth having the conversation with your insurance company and laying your opinion clear. They will probably ignore you but meh, what can you do? -
Re: Whiplash claim months down the line.....is it possible?If I remember correctly the law in England and Wales is they can claim at any time up to 6 years.(Original post by becks999)
can they really do that though?? xxx ie after a claim is closed file another claim using a no win/no fee lawyer for whiplash. i cant understand it. my boyfreind is furious and dosent believe the driver has whiplash and hes just in it for the money but i dont want to jump to conculsuions just yet but to me its looking suspicious why 7 months after u know xxx
I'm pretty certain that scumbag doesn't have whiplash, unless he is a very old geezer or has a head to neck proportion of an infant.... else even at 5-10mph on the vast majority of adult males where it is a claim of whiplash then usually it isn't one.
Anyway, I won't respond to that lawyer.... what I would do is inform the insurance company of this and if the lawyer or anyone claiming to be a lawyer or from a solicitor firm having anything to do at all with that case, tell them to liaise directly with the insurance company and don't even answer a simple question which might appear to you to be a harmless or polite question. -
Re: Whiplash claim months down the line.....is it possible?well yeah i had 5 and because of that accident I lost 2 so down to 3 so will that mean this whiplash claim which is from the same accident I lost my claim from. xxx so will that mean ill be down to 1??(Original post by gbduo)
You already lost it? Not that it means much anymore because even if you have 5rs NCB protected, the insurance company just up your premium so much, that even with the discount it is still horrendous if you claim.
Its worth having the conversation with your insurance company and laying your opinion clear. They will probably ignore you but meh, what can you do?
-
Re: Whiplash claim months down the line.....is it possible?I'm pretty sure its something like this. EDIT: I think its 3 years.(Original post by Herr)
If I remember correctly the law in England and Wales is they can claim at any time up to 6 years.
I'm pretty certain that scumbag doesn't have whiplash, unless he is a very old geezer or has a head to neck proportion of an infant.... else even at 5-10mph on the vast majority of adult males where it is a claim of whiplash then usually it isn't one.
Anyway, I won't respond to that lawyer.... what I would do is inform the insurance company of this and if the lawyer or anyone claiming to be a lawyer or from a solicitor firm having anything to do at all with that case, tell them to liaise directly with the insurance company and don't even answer a simple question which might appear to you to be a harmless or polite question.
Forward anything to your insurance company.
It's most likely an ass trying it on. Unfortunately they usually win. Whiplash should have to be proven IMO. I struggle to see how low speed accidents cause whiplash if you're seated correctly.Last edited by Cowzo; 22-04-2012 at 17:29. -
Re: Whiplash claim months down the line.....is it possible?Herr your a star and a half(Original post by Herr)
If I remember correctly the law in England and Wales is they can claim at any time up to 6 years.
I'm pretty certain that scumbag doesn't have whiplash, unless he is a very old geezer or has a head to neck proportion of an infant.... else even at 5-10mph on the vast majority of adult males where it is a claim of whiplash then usually it isn't one.
Anyway, I won't respond to that lawyer.... what I would do is inform the insurance company of this and if the lawyer or anyone claiming to be a lawyer or from a solicitor firm having anything to do at all with that case, tell them to liaise directly with the insurance company and don't even answer a simple question which might appear to you to be a harmless or polite question.
xxx
hes not old in fact hes about 30ish and looked very fit and healthy. ive got nothing wrong if he claims for something that happened but like I said 7 months down the line he decides he has a whiplash injury. Ill forward the letter to my insurance company and tell them to deal with it. should i say to them that i dont agree with it or what? thanks Herr xxxx
xxx