Discussion
Someone shunted the wife's new scenic a couple of weeks ago. He pushed me, the wife an 3 kids into the car in front (in the car of course).
At least he had the decency to admit full liability thru his insurers - though I don't suppose that he could have denied it.
No one was insured but everyone says that we should all put claims in for whiplash. Now call us old fashioned but it doesn't seem right to claim if no one was hurt.
What would you do?
At least he had the decency to admit full liability thru his insurers - though I don't suppose that he could have denied it.
No one was insured but everyone says that we should all put claims in for whiplash. Now call us old fashioned but it doesn't seem right to claim if no one was hurt.
What would you do?
Look at it this way, if you claim now and get a payout then its you thats going to have to pay for it over the next 20 or so years in increased payments because of more and more people doing this.
Oh, and it wont be a like for like increase either, you'll pay back 10 times what you get...
Matt.
Oh, and it wont be a like for like increase either, you'll pay back 10 times what you get...
Matt.
Agreed with the above - don't sell your soul to the ambulance-chasing parasites. Plus if the insurance company decided to send you to any half-decent physio for an assessment, believe me, you would get found out. How do I know? My mum's a physio, and she's caught countless fraudulent whiplash claimants out over the years. It's often as simple as catching them unawares, tapping them on the shoulder and watching them whirl their head round without showing any sign of pain...
. However he has got a x-ray of a cracked neck bone so has a genuine claim. Must have the most stupid solicitor in Britain though, no sign of a result yet (about 6 months and counting) A friend of mine had a smash where a woman pulled out from a side road and T-boned her, spun the car so violently that my friend cracked her head on the A-post when it came to rest.
Since then my friend has needed glasses and was suffering from headache.
Imagine my friends surprise when a few weeks later the woman who caused the crash was suing HER in an attempt to get my friend to admit liability and for giving her whiplash!!
Its a nasty game what happens after smashes and you would do well to stay away from it. Its only a small moral victory but if you haven't been injured i would say as most people have and not claim. Also if you were the person who cause the crash (hypothetical - as in this case you werent) have the decency to admit it and pay what is due to the innocent party if they incur some loss - my friend never received a penny for her slightly impaired eyesight.
>> Edited by Buffalo on Thursday 13th March 13:20
Since then my friend has needed glasses and was suffering from headache.
Imagine my friends surprise when a few weeks later the woman who caused the crash was suing HER in an attempt to get my friend to admit liability and for giving her whiplash!!
Its a nasty game what happens after smashes and you would do well to stay away from it. Its only a small moral victory but if you haven't been injured i would say as most people have and not claim. Also if you were the person who cause the crash (hypothetical - as in this case you werent) have the decency to admit it and pay what is due to the innocent party if they incur some loss - my friend never received a penny for her slightly impaired eyesight.
>> Edited by Buffalo on Thursday 13th March 13:20
Dont do it.
I act on behalf of Claimants and in the past Defendants in accident cases. Medical evidence is required to prove a claim for injury. If the Orthopaedic Consultant examines you and concludes no injury you could end up in the s
t.
If you had instructed a "no win, no fee" lawyer you could be presented with the full bill if your claim was later found to be based on misleading information. It matters not that you hadnt recovered a penny and the laywer could sue you for his bill.
Add to this the threat of being referred to the Director of Public Prosecutions for a criminal fraud matter and it doesnt seem worthwhile.
Plus it pisses me right off when it turns out the client is a lying b'stard.
I act on behalf of Claimants and in the past Defendants in accident cases. Medical evidence is required to prove a claim for injury. If the Orthopaedic Consultant examines you and concludes no injury you could end up in the s
t. If you had instructed a "no win, no fee" lawyer you could be presented with the full bill if your claim was later found to be based on misleading information. It matters not that you hadnt recovered a penny and the laywer could sue you for his bill.
Add to this the threat of being referred to the Director of Public Prosecutions for a criminal fraud matter and it doesnt seem worthwhile.
Plus it pisses me right off when it turns out the client is a lying b'stard.
RedTeg said: Agreed.
Must have the most stupid solicitor in Britain though, no sign of a result yet (about 6 months and counting)
Dave - you know jack mate. know your facts before slating someone. if a claim for personal injury had been resolved in less than 6 months then its likely the solicitor was negligent rather than good. its not all about how long it takes for someone to get their mitts on the cash.
>> Edited by shnozz on Thursday 13th March 14:38
I would get properly looked at by a Doctor though, even if you feel fine.
A friend of mine in college was shunted into a stationary car in front, didn't suffer anything at the time.
About 4 weeks later came down with the flu, then over the next couple of days started loosing the feeling in his feet, then legs and within a week was paralysed in Intensive Care and on a ventilator assiting him to breathe.
Died about a week later from a chest infection/fluid in the lungs etc.
A friend of mine in college was shunted into a stationary car in front, didn't suffer anything at the time.
About 4 weeks later came down with the flu, then over the next couple of days started loosing the feeling in his feet, then legs and within a week was paralysed in Intensive Care and on a ventilator assiting him to breathe.
Died about a week later from a chest infection/fluid in the lungs etc.
I still have back pain 4 years after being rear ended... and I claimed... and the claim got f**ked up by the appointed solicitors.. who convinced me of a rough figure I would get as an award, encouraged me to turn down an offer, then sat beside me in Court and watched me get awarded less than the offer with no rights of appeal.
I was a genuine case and to be honest, for the 2 years it took to come to court and all the hassle that went with it, I wish I hadn't bothered..
Matt.
:stillalittlebitteraboutthewholething:
I was a genuine case and to be honest, for the 2 years it took to come to court and all the hassle that went with it, I wish I hadn't bothered..
Matt.
:stillalittlebitteraboutthewholething:
with no rights of appeal.
dont know why that would be unless they considered the award within the correct "bracket" on the basis of the medical evidence. Matt - e-mail me offline and tell me who the solicitors were out of interest. There are good uns and bad ones out there. Unfortunately, clients that get awarded a "good" settlement always considered they were rightly justified in getting it (and therefore solicitors were "adequate") or they get shafted and think the solicitors were crap. You never get a good write up.
I guess its a case of not tarring all with one brush. Its easy to do (I have done the same thing recently with estate agents) but not always fair.
Managing client expectations is always difficult. You would not believe the amount of law involved in bringing a claim for someone who has tripped on a paving slab and broken their leg; or an accident that happened at work. The slogans of "where there is blame there is a claim" have really not helped. People assume that if it wasnt their fault, there must be blame. Cobblers. "If one who has sustained injury as a result of someone elses negligence and can establish said negligence against the other party" isnt such a catchy slogan though
most of the time the claims are actually held up because of the injuries. Claims for no injury can be resolved within a couple of months usually. However, get a medical report too early on an injury case and the expert wont be able to give a prognosis and you cant value a claim accurately. This is when under settlement can occur.......
shnozz said:
with no rights of appeal.
well I'll let you all guess the settlement if you like
on refelection it was more like 5 years ago now..
so.. rear ended whilst a passenger.. Imediated neck pain and headache, straight to doctors..
..off work for 2 weeks with a neck brace on, in that time neck pain diminished and I was left with a persistant pain on one side of my spine about halfway down..
..Physio 3 times a week for 4 months, then in bursts of sessions about twice a week for a long time afterwards.. I was still having physio two years after the accident, having had a lot of accupuncture, wierd electro-pulse stuff and swimming (!?) along the way..
X-rays didn't show any bone breakage, however did show a disctinct scholiosis of the spine (bend) forming in compensation to the back pain. Physio's all knew what the problem was.. something to do with leisions forming between the muscle layers in my back apparently.
Anyway, I was still suffering when the case came to court and had been through two independent medical examinations... for those of you with some background in the claims field, I was in the bracket of "persistent pain after two years" (or whatever they call it)..
To this day I still have problems, sadly I've developed a lack of posture too which is very hard to get rid of..
Anyway.. take you're bets on what you think the settlelment should be
Matt.
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