Whiplash claim
Discussion
I was a passenger in a car which was rear-ended last week. I got a big smack on the neck into the headrest. The driver received the same, but I think his was more severe - he felt sick, and couldn't move for a while.
I didn't think I felt too bad, but had a numb headache for the rest of the day, then when I went to bed and laid my head on my pillow I suddenly felt an ache in my neck. Strangely, the next day, it felt like my throat had been bruised. I'm almost back to normal. The driver is also on the mend.
Anyway, as soon as the driver reported it to his insurance we received calls from them saying they were going to arrange solicitors to call us to pursue personal injury claims. We've received calls and texts this week from the solicitors, but haven't had time to speak to them. Also, we're not sure about the process, and if it's worth bothering about for minor injuries.
To complicate matters, the insurance company of the other driver phoned today to say that their driver admitted all liability. So, they want to settle directly. They said they also want to arrange our hire car etc. Presumably, they might stand to lose more if my driver's insurance company's solicitors are involved. His insurance company took 3 days to organise a hire car, so it was extremely inconvenient. His car is old, so not worth much, and the extent of the damage means it will be written off, but its loss is worth a great deal, especially as it passed its MOT about 2 days before the accident!
I'd appreciate some advice on whether or not to proceed with the whiplash claim, and whether or not to take up the offer from the other driver's insurance company.
I didn't think I felt too bad, but had a numb headache for the rest of the day, then when I went to bed and laid my head on my pillow I suddenly felt an ache in my neck. Strangely, the next day, it felt like my throat had been bruised. I'm almost back to normal. The driver is also on the mend.
Anyway, as soon as the driver reported it to his insurance we received calls from them saying they were going to arrange solicitors to call us to pursue personal injury claims. We've received calls and texts this week from the solicitors, but haven't had time to speak to them. Also, we're not sure about the process, and if it's worth bothering about for minor injuries.
To complicate matters, the insurance company of the other driver phoned today to say that their driver admitted all liability. So, they want to settle directly. They said they also want to arrange our hire car etc. Presumably, they might stand to lose more if my driver's insurance company's solicitors are involved. His insurance company took 3 days to organise a hire car, so it was extremely inconvenient. His car is old, so not worth much, and the extent of the damage means it will be written off, but its loss is worth a great deal, especially as it passed its MOT about 2 days before the accident!
I'd appreciate some advice on whether or not to proceed with the whiplash claim, and whether or not to take up the offer from the other driver's insurance company.
My car was rear ended a few years ago.
My wife and I both got whiplash. Mine was annoying but cleared up in a few days. It was tricky doing my job but I managed. Didn’t claim.
My wife however was in a lot of pain and discomfort and had to have physio for about 6 months afterwards (paid for by the third party’s insurance). She claimed.
Because it was an ongoing situation she claimed. Injuries like that you feel you can shrug off but it’s a lot easier claiming at the time than finding you’re still in pain 6 months down the line.
If it was only slight and getting better then personally I wouldn’t bother.
My wife and I both got whiplash. Mine was annoying but cleared up in a few days. It was tricky doing my job but I managed. Didn’t claim.
My wife however was in a lot of pain and discomfort and had to have physio for about 6 months afterwards (paid for by the third party’s insurance). She claimed.
Because it was an ongoing situation she claimed. Injuries like that you feel you can shrug off but it’s a lot easier claiming at the time than finding you’re still in pain 6 months down the line.
If it was only slight and getting better then personally I wouldn’t bother.
Some girl drove into the back of my Monaro a few years ago whilst I was sat at a red light.
Smashed the bumper a little, not much more than some filler and paint.
There was no end of phone calls from ambulance chasing lawyers....
In the end I had to tell them that I would be suing them for harrasment if they kept on phoning me!
Smashed the bumper a little, not much more than some filler and paint.
There was no end of phone calls from ambulance chasing lawyers....
In the end I had to tell them that I would be suing them for harrasment if they kept on phoning me!
Breadvan72 said:
DaveH23 said:
Are you out of pocket because of your injury? If so then claim, if not then don't.
This.I'm not saying the OP should claim, just questioning the assumption that if there's no financial hit, a claim is out of the question.
And another thought, If we want to put a stop to whiplash claims, then it's not for people who have been hurt to stop claiming, it's for people to keep a safe distance from the car in front and to stop crashing into the back of other people.
My wife was run into by a HGV on the M6 about 10 years ago now, minimal damage to the truck and the back end of our Cupra was a bit of a mess, don't think the driver should have been driving as the company were straight on the phone offering to sort the car and injuries out.
I was at work and rang from my work phone to direct line at the time to see what to do as the car was stranded on the motorway, they dealt directly with the company and all was sorted, wife never made a claim even though off work for 3 days but still to this day I get the calls about claiming for my accident, I know direct line passed my number on as I don't use my work phone for anything personal related as I have my own, it was purely as it was connected in my car kit at the time.
It so annoying that even insurance companies are selling customer numbers on, the claim culture for car accidents its terrible in the UK, if you are out of pocket then claim, if not you are just funding other companies.
I was at work and rang from my work phone to direct line at the time to see what to do as the car was stranded on the motorway, they dealt directly with the company and all was sorted, wife never made a claim even though off work for 3 days but still to this day I get the calls about claiming for my accident, I know direct line passed my number on as I don't use my work phone for anything personal related as I have my own, it was purely as it was connected in my car kit at the time.
It so annoying that even insurance companies are selling customer numbers on, the claim culture for car accidents its terrible in the UK, if you are out of pocket then claim, if not you are just funding other companies.
ph9 said:
Thanks - we'll have a think about it.
With regard to the settlement for the car, would it be best to agree that with the other driver's insurance company, or to continue with our insurance company?
The same thing happened to me.With regard to the settlement for the car, would it be best to agree that with the other driver's insurance company, or to continue with our insurance company?
I went to the other party's insurance as mine (Hastings) wanted to claim the salvage and would not let me have it under any circumstances.
By going to the other party's insurer I saved them a lot of money and kept the car (cat C) and had a cheque for full write of value all within 3 weeks.
I had all the leaflets and phone calls (loads) all telling me they would get me a hire car and loads of money for whiplash,that I did not have " but you must have?" no I have not.
All sorted no lies and no deceptions.
Genuinely feels easier to claim than attempt to block the 3000 different numbers that will continue calling you hourly for the next 6 months. My experience anyway, I wasnt hurt, I litterly played a basketball cup game that night after it that was uploaded to YouTube. The ambulance chasers still say that's fine and let's claim... no thanks. Enjoy blocking numbers for months ahead.
ph9 said:
With regard to the settlement for the car, would it be best to agree that with the other driver's insurance company, or to continue with our insurance company?
I had a similar situation a couple of years ago - third party admitted liability, and their insurers (Direct Line) contacted me that evening and asked me to deal with them directly.It was pretty much problem free. Only had two issues :
1) I wanted the car transported to the repair company (of my choice) because it would have taken me about half a day to do. They felt that since it was driveable, I should drive it. They agreed with me when I explained why it would cost them significantly more money if I had to drive it there (courtesy car).
2) They initially said that all they needed was photos of the damage to approve the work. Then a week later, the bodyshop told me they still hadn't started work because they were waiting for the assessor to view the damage. When I asked the insurance company why this was, they told me they'd decided they needed to inspect the car "because of the repair cost". Seemed slightly odd - it was a ~£2k repair on an expensive car so I thought they'd got off pretty lightly! This meant the repair was delayed by a few weeks
Apart from those two minor inconveniences it was pretty painless and I'd do it that way again.
Don't rush to say you're fine.
I had a non fault accident about 9 years ago and said I was fine, thought I was, felt ok, didn't even entertain making a claim as I didn't want to associate myself with the ambulance chasers.
Several months later the headaches had become migraines, the neck pain had taken hold, about 5 years later it became clear I was concussed (the effects of which saw me lose my job) and my brain is still repairing itself all these years later.
I've had cognitive therapy, a lot of physio both NHS and private, counselling both NHS and private.
I now can't drive certain cars, need an orthopaedic work chair, have shocking working memory, can't remember much that I'm told, get tired easily, can't work capably enough and for enough hours to get promotion...
The damage can be there even if you don't recognise it at the time, and it doesn't always make itself known at the time. Especially if you have the mindset I did - I'm fine, just a little bump, just a little ache, just get on with it, plenty worse off than me.
If you need a fifth of the treatment I've needed over the years a 3k settlement wouldn't cover it, and the loss of future life choices can't be underestimated (or calculated, to be fair).
So I would advise taking your time before deciding if you really are ok and really don't need physio for example.
I had a non fault accident about 9 years ago and said I was fine, thought I was, felt ok, didn't even entertain making a claim as I didn't want to associate myself with the ambulance chasers.
Several months later the headaches had become migraines, the neck pain had taken hold, about 5 years later it became clear I was concussed (the effects of which saw me lose my job) and my brain is still repairing itself all these years later.
I've had cognitive therapy, a lot of physio both NHS and private, counselling both NHS and private.
I now can't drive certain cars, need an orthopaedic work chair, have shocking working memory, can't remember much that I'm told, get tired easily, can't work capably enough and for enough hours to get promotion...
The damage can be there even if you don't recognise it at the time, and it doesn't always make itself known at the time. Especially if you have the mindset I did - I'm fine, just a little bump, just a little ache, just get on with it, plenty worse off than me.
If you need a fifth of the treatment I've needed over the years a 3k settlement wouldn't cover it, and the loss of future life choices can't be underestimated (or calculated, to be fair).
So I would advise taking your time before deciding if you really are ok and really don't need physio for example.
I was rear ended a few years ago.
I was OK at the time. Next few days had some stiff neck pain. Went to Doctors. Got tablets. Tablets f
ked me up. Made me feel sick. Had 3 days out of work. Had to get a taxi home as couldn't drive.
Took around 6 months to fully resolve the pain, didn't have physio but was always careful doing things
I got £1800 in compensation, I only had to fill in one piece of A4 paper (3 or 4 questions).
I wouldn't shut the door yet until at least a month down the line because you may end up with pain and discomfort later on.
I don't agree with claiming for claiming sake, but for a few grand especially in these times it can help you....
I was OK at the time. Next few days had some stiff neck pain. Went to Doctors. Got tablets. Tablets f
ked me up. Made me feel sick. Had 3 days out of work. Had to get a taxi home as couldn't drive.Took around 6 months to fully resolve the pain, didn't have physio but was always careful doing things
I got £1800 in compensation, I only had to fill in one piece of A4 paper (3 or 4 questions).
I wouldn't shut the door yet until at least a month down the line because you may end up with pain and discomfort later on.
I don't agree with claiming for claiming sake, but for a few grand especially in these times it can help you....
Thanks.
I see what you're saying about injuries developing over time. I felt not too bad after the accident (possibly adrenaline kicking in) but as described above, symptoms surfaced over the next few days.
After reading the above responses I did a quick search on whiplash, and discovered the headaches are most likely a direct result of the accident.
Also, worryingly, about three days after the accident I woke up with a sore ear, and later that day had a ringing in my ear. I wasn't sure what had caused it, as I hadn't subjected my hearing to high SPLs. It turns out that tinnatus is listed as one symptom of whiplash. I play guitar and do a bit of recording etc. and I've always tried to protect my hearing, so tinnatus would be a big deal. It's better today, so hopefully it will recover.
Funnily enough, I'd already been looking at Volvo V70's, but anti-whiplash seats have risen up the list of requirements on a new car!
I see what you're saying about injuries developing over time. I felt not too bad after the accident (possibly adrenaline kicking in) but as described above, symptoms surfaced over the next few days.
After reading the above responses I did a quick search on whiplash, and discovered the headaches are most likely a direct result of the accident.
Also, worryingly, about three days after the accident I woke up with a sore ear, and later that day had a ringing in my ear. I wasn't sure what had caused it, as I hadn't subjected my hearing to high SPLs. It turns out that tinnatus is listed as one symptom of whiplash. I play guitar and do a bit of recording etc. and I've always tried to protect my hearing, so tinnatus would be a big deal. It's better today, so hopefully it will recover.
Funnily enough, I'd already been looking at Volvo V70's, but anti-whiplash seats have risen up the list of requirements on a new car!
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