pathetic whip lash claims

pathetic whip lash claims

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Fastdruid

8,650 posts

153 months

Thursday 21st August 2014
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McSam said:
Fastdruid said:
pork911 said:
Fastdruid said:
I had one some years ago, the accident was totally my fault, I failed to spot a car lost in my A-pillar blind spot at a roundabout and hit them in the side.

Admittedly it did make a mess of their car (and thankfully no passenger)


Anyway what annoyed me was the claim for whiplash backed up with a statement and "case studies" going on about how "neck injuries could be caused from rear impacts, blah, blah, blah". I hit her in the side! There was no rear impact. No airbags went off etc. It was from my point of view a very gentle crash due to the relative motion, it just spun her round.

I told the insurance company I thought it was bogus but tbh didn't push it too hard.
very gentle?
Yes. It wasn't a sudden stop, although there was obviously an impact it wasn't enough to trigger the airbags (which would be from a google approximately a 14mph crash) etc. It pushed her car round rather than stopped dead.
You're oversimplifying the way airbag systems work. A vehicle with front airbags only is not likely to deploy them in anything but the most catastrophic of side impacts - what would be the point?

I'll grant that the impact was probably slightly less severe than it looks because even modern cars are not good at dealing with side impact, but you certainly can't use the airbags not deploying to "prove" it was too gentle to injure someone!
FFS where is that woosh parrot. I was not denying she could have been hurt (hence not making a a big deal of it to the insurer) just that claiming that she was hurt in an injury caused by a REAR impact is more likely to be bogus when claimed after a SIDE impact.

She was totally fine at the scene btw. Obviously true whiplash can come on a day or later so it could have been true. It wasn't caused by a REAR impact as claimed though.

I meant my airbags btw not hers. It was just a Rover it probably didn't even have side airbags.

CYMR0

3,940 posts

201 months

Thursday 21st August 2014
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Fair enough that the report may not be that accurate but if the car was spun 360 degrees then it's fair to say that her neck could have gone through a pretty wide range of motion.

McSam

6,753 posts

176 months

Thursday 21st August 2014
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I was just clarifying the airbag issue Fastdruid, nothing else. I agree that it's ridiculous for her to produce evidence relating to rear impacts and then have that applied to your accident without question!

Negative Creep

24,989 posts

228 months

Thursday 21st August 2014
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PanzerCommander said:
J4CKO said:
I wonder how banger racers go on with whiplash ?

https://www.youtube.com/watch?v=Fe_DRcUR1CM

Ok, they usually have some sort of neck guard but you see the cars get utterly annihilated and they jump out seemingly none the worse for it, then come back next week for more.

Perhaps it shows what a nation of colossal wimps we have become, I blame that bloody Underdog.
This is the crux of the matter; no win, no fee. It has always (as far as I am aware) been possible to sue for damages following a collision, same as medical negligence and all the other no win, no fee firms that have appeared in recent times. However, the rise of the risk free claim process has meant that more people are able to do it. Because of this as other posters have said it appears to be a method of getting "free money" because whiplash doesn't show on scans or x-rays it’s impossible to disprove if a doctor says "you have whiplash" and signs a form to say that.
I've just remembered my neck feels a bit sore after those dodgems I went on 8 years ago. Can anyone recommend some reputable firms (the ones with text speak in their names seem like a reputable bunch)?

spaximus

4,232 posts

254 months

Thursday 21st August 2014
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pork911 said:
You didn't have to have that car but regardless that's a low daily rate so presumably not a credit hire by you or your wife?
It was a company car and I did try to refuse it to be honest. As it was our company insurance dealing with it and the third parties insurance I was told it was the norm and to take it. At the point of collecting the car the third party told the insurer that she was not at fault, but they accepted she was so I was not wanting a big bill later if they changed their minds.

Once I had the car there was no urgency to repair mine which upped the bill somewhat.

Driver101

14,376 posts

122 months

Thursday 21st August 2014
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Fastdruid said:
I had one some years ago, the accident was totally my fault, I failed to spot a car lost in my A-pillar blind spot at a roundabout and hit them in the side.

Admittedly it did make a mess of their car (and thankfully no passenger)


Anyway what annoyed me was the claim for whiplash backed up with a statement and "case studies" going on about how "neck injuries could be caused from rear impacts, blah, blah, blah". I hit her in the side! There was no rear impact. No airbags went off etc. It was from my point of view a very gentle crash due to the relative motion, it just spun her round.

I told the insurance company I thought it was bogus but tbh didn't push it too hard.
Personally with that level of contact whiplash is more than believable.

The statement about rear contact a bit wrong, but I'd imagine a side impact could be worse as you have nothing to stop the body moving.

When someone rams your rear you will be jolted back into the seat.

When someone hits your side you haven't got any support.

Hackney

6,852 posts

209 months

Thursday 21st August 2014
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Purity14 said:
My best one which I posted a few years ago, was a woman who knocked me off my bike, and my costs were 85 for a new wing mirror and some touch up paint, I didn't claim for injuries.

She denied liability against all evidence and it went 50/50.

Her car was a write off(my knee bent the inner wing of her car apparently) and she suffered injuries which rendered her having to be bathed by her parents as she was unable to wash herself.

There were pictures of her on her facebook; "Zorbing", scuba diving(including timestamped video), dancing on holiday in turkey, and rising rollercoasters only weeks after her accident. During which time her statement said she was immobile.

She got about 5k for injuries in the end according to her facebook, and £1500 for the car.
Ended up being £85 for me vs £6500 for her, then add the solicitor fees.

Insurance didn't pursue fraud because it wasn't in the best interests of the company.
As she had no assets, or any money to recover.


Edited by Purity14 on Wednesday 20th August 08:32
That boils my p**s! Insurance company won't pursue because she has no assets..... but they gave her the money in the first place.
How about spending a few quid investigating *before* parting with the cash in the first place! And then to claim she has no assets..... no, not until the insurance company bloody gave her some!

Hackney

6,852 posts

209 months

Thursday 21st August 2014
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Tuvra said:
I was in a non fault accident a few weeks back, basically I was following a lorry that came to a sudden stop, lorry then decides to put his reversing lights on, held the horn down, lorry kept coming, couldn't find reverse quick enough then and he bumped the front of the car.

I had to fight tooth and nail to get a decent courtesy car out of them (tried sending me a 1.6 LX Focus for a 2013 Focus ST3), eventually got a GT86 out of them.

To this day (5 weeks later) I am still getting letters and phone calls asking me if I had suffered any injuries, other losses etc banghead

Annoys me that I had to fight for two days to get what I was due (decent courtesy car) and yet these bds are still trying to drive up the claim with bullst compensation claims frown
Struggling to find sympathy for you on this one.
Hardly like for like is it, you drive a 5 door hatch (which they supplied) but you fought "tooth and nail" to get a two seater coupe.
No wonder insurance prices are going up.

Hackney

6,852 posts

209 months

Thursday 21st August 2014
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How about, in the event of a whiplash claim, the insurance company write to the claimant with a list of authorised [-]repairers[/] physiotherapists and tell the claimant that they should pay for treatment and then send the receipts to the insurer who will reimburse them.

Surely that would cut out spurious claims and cost 60p (how much do stamps cost these days?) per claim.

anonymous-user

55 months

Thursday 21st August 2014
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richatnort said:
Crash was in Sheffield on the A61 and i was in a black Civic. If anyone wants any pictures i'll pop them up.

I was honest as well and said 100% my fault which i could of said oh he slammed them on or what ever and gone 50/50. To some people they probably think oh great a crash i'll claim and put that money towards a holiday. I've got the persons number and soo tempted to ring him and have a massive go.

I'm not looking forward to the end claim. I had protected no claims but i very much doubt it'll make a difference. I'll probably be looking at a 20k claim after all this bullst whiplash
Did you consider that they may have genuine whiplash injuries and be in pain and have lost time at work because of your carelessness? Not everyone is a billy bullstter and if you rear ended them hard enough to break the bumper of their car then it's quite feasible they have whiplash problems.

mp3manager

4,254 posts

197 months

Thursday 21st August 2014
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Hackney said:
How about, in the event of a whiplash claim, the insurance company write to the claimant with a list of authorised [-]repairers[/] physiotherapists and tell the claimant that they should pay for treatment and then send the receipts to the insurer who will reimburse them.

Surely that would cut out spurious claims and cost 60p (how much do stamps cost these days?) per claim.
That's fine and dandy but in my case it took 13 months to sort out my not-at-fault claim. Why should I be out of pocket for 13 months before getting my money back?

Nezquick

1,461 posts

127 months

Thursday 21st August 2014
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J4CKO said:
I wonder how banger racers go on with whiplash ?

https://www.youtube.com/watch?v=Fe_DRcUR1CM

Ok, they usually have some sort of neck guard but you see the cars get utterly annihilated and they jump out seemingly none the worse for it, then come back next week for more.

Perhaps it shows what a nation of colossal wimps we have become, I blame that bloody Underdog.
Don't forget though that in banger racing the drivers will be ready, to some degree, for an impact. If you're sitting in traffic minding your own business and get rear-ended (oo-errr) you don't have time to brace for it. I would imagine a neck guard (and a harness) also make a massive difference.

Chlamydia

1,082 posts

128 months

Thursday 21st August 2014
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MajorProblem said:
Wife rolled into someone at a T junction approx 5 mph impact, no damage except a scuff on their bumper. Being a banger Punto they said forget insurance and we'll get a new bumper off eBay, we agreed and would pay for the bumper.

After she'd been home and spoken to her mates there was a claim in for her and her family, the family that weren't even in the fking car!

I think it was £4800, we were told by insurance co.
THIS is where a dash cam comes in handy. A colleague of mine hit a car from behind at a roundabout when the car pulled away and then stopped - no excuses from him though and he accepted he was at fault. The one person in the car though suddenly became a whole family of people by the time the claim came through. His dash cam footage soon put a stop to that.

McSam

6,753 posts

176 months

Thursday 21st August 2014
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Chlamydia said:
THIS is where a dash cam comes in handy. A colleague of mine hit a car from behind at a roundabout when the car pulled away and then stopped - no excuses from him though and he accepted he was at fault. The one person in the car though suddenly became a whole family of people by the time the claim came through. His dash cam footage soon put a stop to that.
And were the other party charged with fraud?

He asks, depressingly knowing the answer damn well already..

Hackney

6,852 posts

209 months

Thursday 21st August 2014
quotequote all
mp3manager said:
Hackney said:
How about, in the event of a whiplash claim, the insurance company write to the claimant with a list of authorised [-]repairers[/] physiotherapists and tell the claimant that they should pay for treatment and then send the receipts to the insurer who will reimburse them.

Surely that would cut out spurious claims and cost 60p (how much do stamps cost these days?) per claim.
That's fine and dandy but in my case it took 13 months to sort out my not-at-fault claim. Why should I be out of pocket for 13 months before getting my money back?
Well, you could've saved the 20% saving on your car insurance due to the new system for just such an occassion. (sorry, sounds fascetious, but meant as a joke)

Honest answer, the system would be quicker. So you wouldn't be waiting for 13 months in the first place.
Symptoms come on, you apply (online), book appointment straight away. Pay. Why would there be a delay?
The point is to make sure the cash from the insurer goes to treatment rather than to Disneyland, so when you've paid for treatment with the approved physio etc you're automatically not profiting, so you'd get reimbursed straight away. The insurer could even issue a voucher at the point of applying rather than operate in cash.

Frankly I can't see why this wouldn't work.

J4CKO

41,628 posts

201 months

Thursday 21st August 2014
quotequote all
Nezquick said:
J4CKO said:
I wonder how banger racers go on with whiplash ?

https://www.youtube.com/watch?v=Fe_DRcUR1CM

Ok, they usually have some sort of neck guard but you see the cars get utterly annihilated and they jump out seemingly none the worse for it, then come back next week for more.

Perhaps it shows what a nation of colossal wimps we have become, I blame that bloody Underdog.
Don't forget though that in banger racing the drivers will be ready, to some degree, for an impact. If you're sitting in traffic minding your own business and get rear-ended (oo-errr) you don't have time to brace for it. I would imagine a neck guard (and a harness) also make a massive difference.
Yeah, true but they are also usually a, er, "special breed" only found in certain lonely parts of the country.

Hoink

1,426 posts

159 months

Thursday 21st August 2014
quotequote all
Chlamydia said:
MajorProblem said:
Wife rolled into someone at a T junction approx 5 mph impact, no damage except a scuff on their bumper. Being a banger Punto they said forget insurance and we'll get a new bumper off eBay, we agreed and would pay for the bumper.

After she'd been home and spoken to her mates there was a claim in for her and her family, the family that weren't even in the fking car!

I think it was £4800, we were told by insurance co.
THIS is where a dash cam comes in handy. A colleague of mine hit a car from behind at a roundabout when the car pulled away and then stopped - no excuses from him though and he accepted he was at fault. The one person in the car though suddenly became a whole family of people by the time the claim came through. His dash cam footage soon put a stop to that.
I would have kept the footage quiet until the last possible moment.

richatnort

Original Poster:

3,026 posts

132 months

Thursday 21st August 2014
quotequote all
Well got the car back today with about 3k worth of damage. After having a different car and getting back into it I stalled straight away. I wasn't bothered about the hire car it was only a lot corsa but did the job of getting me from a to b!

vinnie01

863 posts

120 months

Thursday 21st August 2014
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CoolHands said:
sounds like most ph'ers on this thread could do with extra training. About 50% of you have 'just rolled into someone' recently.
if it didnt have to pay for it id gladly do the training

Mave

8,208 posts

216 months

Thursday 21st August 2014
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The Surveyor said:
Back in the real world, people have accidents and people make excuses.

The point the OP was trying to make here I think, is that insurance industry is turning a blind eye to fraud. These days, the no-win-no-fee brigade are tolerated too much by the insurance industry and instead of throwing out all but the genuine whip-lash claims, they just pay-up.

Yes, it's picked up by the OP's insurance but that isn't the point. Just think how much cheaper our insurance would be if these speculative claims were thrown out!
Back in the real world, even if our premiums have gone up 20% due to whiplash claims, the other 80% is due to the people having the accident in the first place. Think how much cheaper our insurance would be if people didn't drive into the back of people!