Somebody claiming whiplash?
Somebody claiming whiplash?
Author
Discussion

nosmallfiat

Original Poster:

1,235 posts

218 months

Saturday 26th April 2014
quotequote all
Back in 2011 I came off an island on a wet, dark drive home from work to find a group of kids in the road. I managed to stop in time, as did the car behind me but cars 3 and 4 didn't manage to stop causing a bump. Car 3 was written off due to the speed car 4 was travelling. There was no damage to my car and as the accident wasn't my fault I thought that, after reporting it to my insurer, I would hear nothing more of it (naively).

However, 3 years after the crash, I have received a letter from my insurer saying that, with reference to the above accident, they propose to settle a 3rd party claim on a 100% basis. They believe this would be the most likely outcome should this case proceed to court.

Presume somebody has claimed for whiplash or something, only 3 years down the line.

Seeing as the accident wasn't my fault I'm wondering why my insurer is involved at all, I can't phone them for further details until Monday, but would this have any affect on me? No claims record etc?

pork911

7,365 posts

214 months

Saturday 26th April 2014
quotequote all
Of course it will have an affect. You'll need to ask them why they are settling etc and dispute as appropriate.

10 Pence Short

32,880 posts

248 months

Saturday 26th April 2014
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I would speak to your insurer, as this seems strange. From your limited description, it sounds as if you were at the head of the group and came to a stop without incident, as did the car behind you. Cars 3 and 4 collided (but none with you), yet you are being accused of being negligent.

This doesn't appear to make sense.

Nickyboy

6,825 posts

265 months

Saturday 26th April 2014
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Why did you report it to your insurer? You weren't involved or was car 2 shunted into you?

nosmallfiat

Original Poster:

1,235 posts

218 months

Saturday 26th April 2014
quotequote all
To provide more detail, I came to a complete stop with no incident as did the car behind me. The fourth car back didn't manage to stop and hit car 3, which then hit car 2, which then hit me. By the time I was hit all the energy had gone from the crash and it was only a minor bump so no damage to the back of my car or the front of the car behind. The major damage was the cars 3 and 4.

I have heard nothing from my insurer since the day of the accident 3 years ago.

eskidavies

5,864 posts

190 months

Saturday 26th April 2014
quotequote all
Isn't it normally the one behinds fault if they hit someone up the arse,immaterial if you slammed on or not,anyway you should be claiming whiplash off no2. smile

PurpleMoonlight

22,362 posts

188 months

Saturday 26th April 2014
quotequote all
Maybe one of the childrens parents is claiming injury for the child?

nosmallfiat

Original Poster:

1,235 posts

218 months

Saturday 26th April 2014
quotequote all
PurpleMoonlight said:
Maybe one of the childrens parents is claiming injury for the child?
Nobody was hurt or hit. I can't see how it could possibly be my my fault seeing as I was barely involved. No damage to my car and all the damage happened further back in the queue

nosmallfiat

Original Poster:

1,235 posts

218 months

Saturday 26th April 2014
quotequote all
PurpleMoonlight said:
Maybe one of the childrens parents is claiming injury for the child?
Nobody was hurt or hit. I can't see how it could possibly be my my fault seeing as I was barely involved. No damage to my car and all the damage happened further back in the queue

PurpleMoonlight

22,362 posts

188 months

Saturday 26th April 2014
quotequote all
nosmallfiat said:
Nobody was hurt or hit. I can't see how it could possibly be my my fault seeing as I was barely involved. No damage to my car and all the damage happened further back in the queue
Just because you say you didn't doesn't mean someone else will not say you did....

aw51 121565

4,773 posts

264 months

Saturday 26th April 2014
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One of the parties involved has responded to one of the inevitable "There's compensayshun with your name on, mate!" calls, and gone with it. The people dealing with the 'injury claim' haven't looked properly at what happened (it's not in their interests to, they're just bottom-feeders after their 30 pieces of silver) - and neither, unfortunately, have your insurers (oops! nuts ) hence they are proposing to (incorrectly in your and our view) accept 100% responsibility.

Your insurers' duty is to minimise their outgoings, and going to litigation now will cost more than paying out (if only they'd done their job properly when first approached rolleyes )... They're about to drop a hell of a clanger (as per your description) though hehe and I'd be escalating this up through the organisation smile .


nosmallfiat

Original Poster:

1,235 posts

218 months

Saturday 26th April 2014
quotequote all
aw51 121565 said:
One of the parties involved has responded to one of the inevitable "There's compensayshun with your name on, mate!" calls, and gone with it. The people dealing with the 'injury claim' haven't looked properly at what happened (it's not in their interests to, they're just bottom-feeders after their 30 pieces of silver) - and neither, unfortunately, have your insurers (oops! nuts ) hence they are proposing to (incorrectly in your and our view) accept 100% responsibility.

Your insurers' duty is to minimise their outgoings, and going to litigation now will cost more than paying out (if only they'd done their job properly when first approached rolleyes )... They're about to drop a hell of a clanger (as per your description) though hehe and I'd be escalating this up through the organisation smile .
Thanks, hopefully that is the case. Slightly worrying that insurance companies are willing to bend over so easily. Almost makes me wish I had accepted one the numerous calls I received from these 'injury lawyer 4 u' types rather than telling them to do one!

LoonR1

26,988 posts

208 months

Saturday 26th April 2014
quotequote all
This thread is BS. You were first in a line of four cars. There is no way you were at fault. End of story. No insurer would accept liability in those circumstances.

At least come up with a better story.

LoonR1

26,988 posts

208 months

Saturday 26th April 2014
quotequote all
aw51 121565 said:
Your insurers' duty is to minimise their outgoings, and going to litigation now will cost more than paying out (if only they'd done their job properly when first approached rolleyes )... They're about to drop a hell of a clanger (as per your description) though hehe and I'd be escalating this up through the organisation smile .
You clearly have no idea how the litigation process works.

EskimoArapaho

5,135 posts

166 months

Saturday 26th April 2014
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LoonR1 said:
This thread is BS. You were first in a line of four cars. There is no way you were at fault. End of story. No insurer would accept liability in those circumstances.

At least come up with a better story.
OK. So who in the sweepstake had "2-3 hrs" as the time when dependable LoonR1 would be along to call someone a liar?

Disco You

3,749 posts

211 months

Saturday 26th April 2014
quotequote all
LoonR1 said:
This thread is BS. You were first in a line of four cars. There is no way you were at fault. End of story. No insurer would accept liability in those circumstances.

At least come up with a better story.
My thoughts exactly. I don't even know why the OP notified his insurers at the time, he wasn't involved in a collision.

TPS

1,860 posts

244 months

Saturday 26th April 2014
quotequote all
Disco You said:
My thoughts exactly. I don't even know why the OP notified his insurers at the time, he wasn't involved in a collision.
If a car collides with the back of your car,what do you call it then?

Disco You

3,749 posts

211 months

Saturday 26th April 2014
quotequote all
TPS said:
Disco You said:
My thoughts exactly. I don't even know why the OP notified his insurers at the time, he wasn't involved in a collision.
If a car collides with the back of your car,what do you call it then?
Ah, I hadn't read all of the OP's later posts.

Hungrymc

7,451 posts

168 months

Saturday 26th April 2014
quotequote all
EskimoArapaho said:
OK. So who in the sweepstake had "2-3 hrs" as the time when dependable LoonR1 would be along to call someone a liar?
I had 3 hours.... And I had "he'd call you a liar to your face, not just on a forum" for bonus points.

Hungrymc

7,451 posts

168 months

Saturday 26th April 2014
quotequote all
EskimoArapaho said:
OK. So who in the sweepstake had "2-3 hrs" as the time when dependable LoonR1 would be along to call someone a liar?
I had 3 hours.... And I had "he'd call you a liar to your face, not just on a forum" for bonus points.