Whiplash claim against me. How long can it drag on for?
Whiplash claim against me. How long can it drag on for?
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vtchequers

Original Poster:

357 posts

114 months

Saturday
quotequote all
Had a minor going into the side of someone back in March 2022. My insurance went for a 50/50 but after a few months of toing and throwing my insurance decided I was at fault.
A few weeks later, after the crash, I received a letter claiming the passenger had a shoulder injury that their representative classified as whiplash.
I was told the passenger had three years to take it to court.
On the eve of the three years I was told the passenger had asked the courts for an extension, which was granted.
I haven't heard anything since June this year after my insurance company emailed me to update me and tell me they were still waiting for the medical report.

How much longer can this go on for?

SydneyBridge

10,272 posts

174 months

Saturday
quotequote all
Court proceedings have to be issued after 3 years and then served 6 months later. They can then be put on hold if the passenger is still have problems and waiting for updated medical evidence
Could take another couple of years if the value cannot be agreed

Edited by SydneyBridge on Saturday 2nd August 21:13

Sebring440

2,761 posts

112 months

vtchequers said:
Had a minor going into the side of someone
A Morris minor?


Mr Tidy

27,080 posts

143 months

It can drag on for years depending on the medical prognosis.

The insurer will want to settle quickly as it will be cheaper, but the claimant will maintain it will be a lasting disability to get a higher settlement so because neither side will give in it drags on while both parties wait to see if symptoms persist or not!