Rear ended whilst stationary

Rear ended whilst stationary

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Honestherbert

Original Poster:

579 posts

146 months

Thursday 26th March 2015
quotequote all
I was rear ended at approximately 50mph whilst stationary a couple of days ago and am looking for some advice if anyone has been in the same situation? The guy who hit me held his hands up straight away and admitted he was playing with his stereo at the time ( 3 independant witnesses in the car behind him too). I was punted down the road approximately 6-10 car lengths and am now off work with a f***ing sore back and neck and can't drive due to a combination of pain and the medication I am on. I contacted my insurance immediately to inform them of the situation but due to his insurance (admiral) admitting no contest they said they didn't need to be involved but thanked me for letting them know.

Admiral have taken my vehicle away for assessment and provided me with a replacement van at their cost (his vehicle was a pretty much guaranteed write off) but have since the accident called me every day to ask how I'm doing etc and asking if I intent to make a P.I claim, I said it was too soon to know.No doubt they will ring again tomorrow and after today I am feeling I am now in a position where I may have no other choice,my back is worse if anything and I can see myself being able to do anything without my fiancee driving me around for maybe (hopefully) another week?? I am on codine and diazapam frown

Quite simply would I be better to deal directly with Admiral or pass the P.I side over to a company working solely on my behalf? I am just worried that Admiral will be looking after their own interests and that of their customer more than mine? I have never been in this situation before as although I have had accidents (non fault!) they were both rear enders at traffic lights with traffic crawling, not at 50mph with me sitting stationary!

Any advice much appreciated and thanks for taking time to read my post.

TooMany2cvs

29,008 posts

125 months

Thursday 26th March 2015
quotequote all
I suspect 50mph might be a bit optimistic, but...

Get your injuries documented medically, and keep records of when you can't work because of them. It shouldn't be very different going through a claims handler or direct. Loon will probably be a long shortly.

PurpleMoonlight

22,362 posts

156 months

Thursday 26th March 2015
quotequote all
Do not under any circumstances agree any PI compensation with them yet. As you state it is far to early to properly assess any long term injuries.

If they persist in trying to pressure you to do so tell them you will make a formal complaint.

Hope you recover quickly.

Honestherbert

Original Poster:

579 posts

146 months

Thursday 26th March 2015
quotequote all
TooMany2cvs said:
I suspect 50mph might be a bit optimistic, but...

Get your injuries documented medically, and keep records of when you can't work because of them. It shouldn't be very different going through a claims handler or direct. Loon will probably be a long shortly.
Possibly?? I didn't see it coming! 50mph is what the guy who hit me said he thought he must have been doing, he was travelling at approximately 60-70mph and only managed to brake for split second. The girls behind him had seen me stop and sitting waiting to turn and already stopped a good 15 car lengths behind him after he had hit me they said the brake lights came on and then the back of his car lifted of the road. The whole front end of his car will need replacing and the engine had moved back a few inches.

Honestherbert

Original Poster:

579 posts

146 months

Thursday 26th March 2015
quotequote all
PurpleMoonlight said:
Do not under any circumstances agree any PI compensation with them yet. As you state it is far to early to properly assess any long term injuries.

If they persist in trying to pressure you to do so tell them you will make a formal complaint.

Hope you recover quickly.
Thankyou, and thankyou again!

Jasandjules

69,825 posts

228 months

Thursday 26th March 2015
quotequote all
I think you will need to make a PI claim and claim for loss of income etc. I can't imagine you will be able to work for a few weeks from that kind of impact. Some t**t hit me in the side at about 20 mph and it took me a few days to recover - the first day I felt fine but my word give it a day or two and well, you sure do notice it.

Keep a record of all your losses and costs.

Also, have the police been informed?


KungFuPanda

4,324 posts

169 months

Thursday 26th March 2015
quotequote all
Sounds like you will make a PI claim.

Try and see if you have before the event legal expenses cover with your existing insurer. It may be best to go with them for the PI claim. Recent changes in the law mean that if you go with a no win no fee company and sign up to an after the event insurance policy, they are entitled to take up to 25% of your damages which is a sizeable amount.

It's difficult to recommend going with the insurer who will be ultimately paying your claim but if you tell them you want physiotherapy and other treatments to help you recover, they can make arrangements for that at no cost to yourself. Also, down the line, they can arrange for you to be seen by an independent medical expert to assess your injuries. It will be this report that will quantify your claim for general damages.

LoonR1

26,988 posts

176 months

Thursday 26th March 2015
quotequote all
PurpleMoonlight said:
Do not under any circumstances agree any PI compensation with them yet. As you state it is far to early to properly assess any long term injuries.

If they persist in trying to pressure you to do so tell them you will make a formal complaint.

Hope you recover quickly.
Yes, great advice. I'm sure Admiral will try to save money by not paying him the right amount. He's much better off going to a No Win, No Fee outfit who due to the LASPO changes can now take up to 25% of any award.

It's highly unlikely that Admiral would be aware of this and even more unlikely that they'll offer him a good amount of money without the need for them or him to spunk money on a spotty 19 year old paralegal at £600 plus 25% of the award.

KungFuPanda

4,324 posts

169 months

Thursday 26th March 2015
quotequote all
Loon, I read that as sporty 19 year old paralegal. I used to love sporty 19 year old paralegals back in the day...

IanMorewood

4,309 posts

247 months

Thursday 26th March 2015
quotequote all
You are off work and on prescription medication as a result of the accident, I would suggest you will be claiming at least for your third party costs. You could resolve the claim your self or you could contact an accident management company, they will probably assist by hooking you up with a solicitor and a physio for a start but you have to accept that they will be paid handsomely for their efforts.

LoonR1

26,988 posts

176 months

Thursday 26th March 2015
quotequote all
KungFuPanda said:
Loon, I read that as sporty 19 year old paralegal. I used to love sporty 19 year old paralegals back in the day...
Hahaha. I've graduated to late 20s fully qualified solicitors now. They always seem to be the dirtiest young ladies,albeit defendant not claimant on principle.

Back to the OP please don't take advice like "go to an AMC", or "claim for your third party costs", seriously? What on earth does that mean?

JustinP1

13,330 posts

229 months

Friday 27th March 2015
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LoonR1 said:
Hahaha. I've graduated to late 20s fully qualified solicitors now. They always seem to be the dirtiest young ladies,albeit defendant not claimant on principle.

Back to the OP please don't take advice like "go to an AMC", or "claim for your third party costs", seriously? What on earth does that mean?
I'm with the Shagmaster General here.

If you're on serious painkillers like that then you may be in for a rough ride. That won't be made better by one of these shysters.

Sounds nasty. Best of luck.

anonymous-user

53 months

Friday 27th March 2015
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There are plenty of law firms who will do no win, no fee without taking a share of the award.

Just google and look for reviews. It sounds like a big impact and could have an effect beyond what you are feeling now.

No need to involve the law firm in the claim for your car if Admiral are handling it well. If they push car hire and other stuff on you when that side is going well that is probably a bad sign.

PurpleMoonlight

22,362 posts

156 months

Friday 27th March 2015
quotequote all
LoonR1 said:
PurpleMoonlight said:
Do not under any circumstances agree any PI compensation with them yet. As you state it is far to early to properly assess any long term injuries.

If they persist in trying to pressure you to do so tell them you will make a formal complaint.

Hope you recover quickly.
Yes, great advice. I'm sure Admiral will try to save money by not paying him the right amount. He's much better off going to a No Win, No Fee outfit who due to the LASPO changes can now take up to 25% of any award.

It's highly unlikely that Admiral would be aware of this and even more unlikely that they'll offer him a good amount of money without the need for them or him to spunk money on a spotty 19 year old paralegal at £600 plus 25% of the award.
Sorry, where have I stated he should go running to an ambulance chaser?

At the moment the insurer is harassing him, no doubt in the hope of agreeing a quick cheap settlement and possibly avoiding a more expensive one later on. This is unacceptable.


LoonR1

26,988 posts

176 months

Friday 27th March 2015
quotequote all
PurpleMoonlight said:
Sorry, where have I stated he should go running to an ambulance chaser?

At the moment the insurer is harassing him, no doubt in the hope of agreeing a quick cheap settlement and possibly avoiding a more expensive one later on. This is unacceptable.
Except that's the opposite of what they're doing. What they are doing is trying to get him to deal directly with them to cut out the ambulance chaser. They'll pay him fairly, as there are tight rules around it and they will always remind him of his right to indebted ent legal advice throughout and even offer him some money towards that advice from a long list of trusted (non ambulance chasing) firms.

thescamper

920 posts

225 months

Friday 27th March 2015
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OP, My misses was shunted whilst stationaryback in September last year, because of the orientation of the junction she was learning forward in the seat and looking over her right shoulder at the time of the impact she is still having physio and has been advised not to settle for yet. The worst of her injuries didn't show for a few days.

I have got free legal expenses cover and they persued (sp) the 3rd party for the immediate expenses, replacement vehicle, excess, hospital fees and medical stuff, loss of earnings. They are now co-ordinating the final injury claim.

Make sure that you have everything documented and keep receipts for everything, don't be harrassed into taking an early full and final settlement, in terms of finding legal advice I wouldn't use an accident management company, just find a local solicitor. I found dealing with someone over the phone and not being able to physically meet a touch odd, also being able to ask for help filling out paperwork face to face makes the whole process much easier.

Red Devil

13,055 posts

207 months

Friday 27th March 2015
quotequote all
LoonR1 said:
PurpleMoonlight said:
Sorry, where have I stated he should go running to an ambulance chaser?

At the moment the insurer is harassing him, no doubt in the hope of agreeing a quick cheap settlement and possibly avoiding a more expensive one later on. This is unacceptable.
Except that's the opposite of what they're doing. What they are doing is trying to get him to deal directly with them to cut out the ambulance chaser. They'll pay him fairly, as there are tight rules around it and they will always remind him of his right to indebted ent legal advice throughout and even offer him some money towards that advice from a long list of trusted (non ambulance chasing) firms.
Can you please explain the necessity for the call frequency then, because ISTM to be well OTT.
What do they hope to gain by it other than to achieve a early resolution which may not be in his best interests?

Honestherbert said:
Admiral have....since the accident called me every day to ask how I'm doing etc and asking if I intent to make a P.I claim,

LoonR1

26,988 posts

176 months

Friday 27th March 2015
quotequote all
L
Red Devil said:
LoonR1 said:
PurpleMoonlight said:
Sorry, where have I stated he should go running to an ambulance chaser?

At the moment the insurer is harassing him, no doubt in the hope of agreeing a quick cheap settlement and possibly avoiding a more expensive one later on. This is unacceptable.
Except that's the opposite of what they're doing. What they are doing is trying to get him to deal directly with them to cut out the ambulance chaser. They'll pay him fairly, as there are tight rules around it and they will always remind him of his right to indebted ent legal advice throughout and even offer him some money towards that advice from a long list of trusted (non ambulance chasing) firms.
Can you please explain the necessity for the call frequency then, because ISTM to be well OTT.
What do they hope to gain by it other than to achieve a early resolution which may not be in his best interests?

Honestherbert said:
Admiral have....since the accident called me every day to ask how I'm doing etc and asking if I intent to make a P.I claim,
Because they want to get him into rehab and get someone medical onto his issues as soon as possible. The sooner this happens, the quicker the OP is fixed and the less it costs them overall. It's all well and good to show the stiff upper lip and push on through the pain. That's fine until the pain becomes unbearable and the agap finds out that he's got some serious issues that have been compounded by not having them seen to.

LoonR1

26,988 posts

176 months

Friday 27th March 2015
quotequote all
thescamper said:
OP, My misses was shunted whilst stationaryback in September last year, because of the orientation of the junction she was learning forward in the seat and looking over her right shoulder at the time of the impact she is still having physio and has been advised not to settle for yet. The worst of her injuries didn't show for a few days.

I have got free legal expenses cover and they persued (sp) the 3rd party for the immediate expenses, replacement vehicle, excess, hospital fees and medical stuff, loss of earnings. They are now co-ordinating the final injury claim.

Make sure that you have everything documented and keep receipts for everything, don't be harrassed into taking an early full and final settlement, in terms of finding legal advice I wouldn't use an accident management company, just find a local solicitor. I found dealing with someone over the phone and not being able to physically meet a touch odd, also being able to ask for help filling out paperwork face to face makes the whole process much easier.
If the OP isn't ready to settle medically then Admiral won't settle it. What they will do is try to reduce the time it takes to recover with good quality medical treatment, rather than made up Cognitive behavioural Therapy sessions, at a cost of £500 that actually never take place, but the solicitors still happily bill for.

Honestherbert

Original Poster:

579 posts

146 months

Friday 27th March 2015
quotequote all
Firstly, thank you all for the replies, I appreciate that this is an issue that divides peoples opinions, including my own. However I would like to make it 100% clear that I am NOT interested in shafting Admiral for the fact I have a sore back and dragging this out for an extra £500 or whatever. I would rather be better and back to work earning money again, I run my own company with only one other employee who simply cannot cover the workload on his own, I am not interested in claiming loads for "personal injury" I just want to make sure I can recover the cost for my companies loss of earnings (circa £1000 per day turnover) and my medical expenses ( currently £28.50!) which admiral have told me will come under PI.

I will be informing them when they call today that I will be making a claim, although I have no idea when that claim will be as I am still in agony and don't know when the pain and stiffness in my back and neck will subside. We were supposed to be going away this weekend with friends to Norfolk, however this will no longer be happening due to me not being very comfortable sitting in a car for 2 hours! however this is not something I feel needs to be compensated, it was a weekend break and anything could have come up to stop it, kids unwell, work etc... so I don't think I am being unreasonable, I just don't want to be feeling like this for the next however many weeks and financially out of pocket too!