Is there any way to defeat the "oooh my neck hurts" brigage?
Is there any way to defeat the "oooh my neck hurts" brigage?
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ewand

Original Poster:

897 posts

235 months

Tuesday 15th November 2011
quotequote all
Picture this scene. On a 3-lane approach to a dual-carriageway roundabout - predominant traffic move is straight over (as I want to), but one needs to be sure.

Car in front stops. Checks. All is well. Move on.
I stop, check. Couple of lorries on roundabout side/side. Both are defintely leaving - good. Time to go.

Turn head to front. Matey in front now statioary. Brake. Whack into the back of his 11-year old Micra. Arse.

Matey gets immediatly out, starts pacing about in the road on a dark, recently raining Thursday evening on a busy road. I wave him to the side road off the roundabout. Three times. Then shout, and eventually he moves across, as do I. We both get out, hardly any damage to either car - maybe £50-£100 on each to fix up.

But matey's passenger is holding his neck and looking at me goint "ow, ow, ow!". Miraculously, he's on his feet moments later taking pics of my car, and I'm taking pics of the little fecker taking pics of my car cos I don't trust him. Matey & me exchange details. I call him later to say "look, I'll pay for your car to get fixed, no harm done" but the number he's given me doesn't work.

Couple of weeks go by and my insurance co calls to say they've had personal injury claims from both driver & passenger.

Now, I admit I hit the little barsteward. But it can't have been over 5mph, if not 3. The insurance co are basically saying "nowt we can do, let's settle for a grand". SO, matey gets his stty old Micra written off for the cost of some body shop wanting to do an insurance job repair, and he gets a grand off my insurers for his "injury"...

I guess I'm asking: is there anything I can force my insurers to do, or do myself? They want an easy life with guaranteed lowest cost, so will settle for £800 or whatever to make the problem go away, but I'm thinking I'd be keen to see detailed medical reports etc before accepting any kind of settlement...

what do y'all reckon?


Sam the Mut

774 posts

197 months

Tuesday 15th November 2011
quotequote all
people are s.

carmadgaz

3,204 posts

204 months

Tuesday 15th November 2011
quotequote all
If it's gone to your insurer I don't think there is owt you can do about the personal injury claims frown.

I did hear off a former ambulance driver that they went out to such an incident once and a Saxo full of young men had been in a bump and they were complaining of neck injuries, they apparently felt much better when the crew got on to the fire brigade to come take the roof off the car so they could get them out safely hehe

mollytherocker

14,391 posts

230 months

Tuesday 15th November 2011
quotequote all
Breathe in...........now breathe out....... Move on.

MTR

Fleckers

2,878 posts

222 months

Tuesday 15th November 2011
quotequote all
where there is blame there is claim

i got a smack up the back at about 15/20 mph made a mess of the back of the company hack and flattened the front of a focus, kid was on dads insurance

i took a bounce in the car, had at least 4 phone calls and more text messages about you have been injured in an accident let us get you £££££

i am sorry it was an accident, it was not a deliberate lets smash in to him

did i claim, i sure did, i claimed i was not hurt, i claimed i did not have a broken back, whiplast, headaches or anything else, i just asked for the car to be fixed and when on holiday as well so i did not need a hire car


EDLT

15,421 posts

227 months

Tuesday 15th November 2011
quotequote all
There is always the chance that they DO have whiplash wink

redgriff500

28,982 posts

284 months

Tuesday 15th November 2011
quotequote all
Yes by refusing to give them your details in the first place.

I had someone of dubious origin, dart into my (RH) lane (30mph dual carriageway) and then do an emergency stop.

The "accident" broke my headlight and his £50 Nissan was undamaged.

He said he wanted my details I told him to fk off.

End of story - never heard a peep.

paulrussell

2,290 posts

182 months

Tuesday 15th November 2011
quotequote all
redgriff500 said:
Yes by refusing to give them your details in the first place.

I had someone of dubious origin, dart into my (RH) lane (30mph dual carriageway) and then do an emergency stop.

The "accident" broke my headlight and his £50 Nissan was undamaged.

He said he wanted my details I told him to fk off.

End of story - never heard a peep.
You have to exchange details by law.

Powerrr

1,978 posts

193 months

Tuesday 15th November 2011
quotequote all
Annoyingly so i have a mate who i think is doing this at the minute.

Had his 306 roughly 22hrs and a woman pulls out of junction right next to him, he swerves and the only damage to his car is wing mirror ripped off and the slightest of grazes on his front wing.......car written off and hes claiming whiplash.

Hes a fking tt.

Powerrr

1,978 posts

193 months

Tuesday 15th November 2011
quotequote all
paulrussell said:
redgriff500 said:
Yes by refusing to give them your details in the first place.

I had someone of dubious origin, dart into my (RH) lane (30mph dual carriageway) and then do an emergency stop.

The "accident" broke my headlight and his £50 Nissan was undamaged.

He said he wanted my details I told him to fk off.

End of story - never heard a peep.
You have to exchange details by law.
Are you sure the gentleman Griff is talking about is aware of any of our laws? wink

jurbie

2,419 posts

222 months

Tuesday 15th November 2011
quotequote all
As above but tell them you're not insured, what are they going to do? If it's a minor incident then they are unlikely to get plod involved and if they do well it doesn't matter because you are insured. Plod might give you a telling off but I can't imagine lying to a scrote is that serious an offence especially if you've offered to pay for the damage.

Edited by jurbie on Tuesday 15th November 23:48

ewand

Original Poster:

897 posts

235 months

Tuesday 15th November 2011
quotequote all
"Yes by refusing to give them your details in the first place."

Might be on tough grounds with that one, unless the BIB are called to the scene first. I'm not sure but I think leaving the scene of an accident without swapping details might be considered leaving the scene of an accident... up to him to pursue it, but if he got your reg he could still claim you smacked him, caused him whiplast/damage/mortal injury/AIDS etc. I suppose it's a matter of whether he had the brass neck to pursue it and whether he actually got hold of your reg...

In my case, and countless others, the insurance co have basically said there is no defence. You hit someone and it's in not in doubt, and they claim they have a soft tissue injuury that doesn't show up on an x-ray and most doctors won't want to see them for, but you can't prove they don't so you need to pay them a bunch of cash to make them fk off. Isn't that the very reverse of the "justice" system?


ewand

Original Poster:

897 posts

235 months

Tuesday 15th November 2011
quotequote all
jurbie said:
As above but tell them you're not insured, what are they going to do? If it's a minor incident then they are unlikely to get plod involved and if they do well it doesn't matter because you are insured. Plod might give you a telling off but I can't imagine lying to a scrote is that serious an offence.
If they have your reg and they report to their own insurance company, it doesn't matter what you tell them - they'll find you.

SMcP114

2,916 posts

213 months

Tuesday 15th November 2011
quotequote all
redgriff500 said:
Yes by refusing to give them your details in the first place.

I had someone of dubious origin, dart into my (RH) lane (30mph dual carriageway) and then do an emergency stop.

The "accident" broke my headlight and his £50 Nissan was undamaged.

He said he wanted my details I told him to fk off.

End of story - never heard a peep.
Brilliant...

1954etype

232 posts

192 months

Wednesday 16th November 2011
quotequote all
Powerrr said:
Annoyingly so i have a mate who i think is doing this at the minute.

Had his 306 roughly 22hrs and a woman pulls out of junction right next to him, he swerves and the only damage to his car is wing mirror ripped off and the slightest of grazes on his front wing.......car written off and hes claiming whiplash.

Hes a fking tt.
I was rear ended a couple of months ago by a bus. Felt fine but did have a bit of an aching neck a couple of days later. Didn't think to claim (why would I?). Unfortunately tts like this are shaping the society we are living in. Very sad.

Gwagon111

4,422 posts

182 months

Wednesday 16th November 2011
quotequote all
Breathe deeply, hope that the insurance company insist on a medical with one of the growing number of orthopedic specialists who are being paid to try and debunk these claims where appropriate. If not, get the lube out next time your insurance is up for renewal.

mph1977

12,467 posts

189 months

Wednesday 16th November 2011
quotequote all
Gwagon111 said:
Breathe deeply, hope that the insurance company insist on a medical with one of the growing number of orthopedic specialists who are being paid to try and debunk these claims where appropriate. If not, get the lube out next time your insurance is up for renewal.
speaking of lube, it ought to be put about that a successful claim for whiplash will require a number of FULL neurological examinations , including DRE and bulbocavernous reflex testing ...

I wonder how many people would be so keen to claim after that became widespread knowledge ...

dvs_dave

9,040 posts

246 months

Wednesday 16th November 2011
quotequote all
If there are injuries involved as in these instances, then the police have to attend. Alternatively if you suspect a crime/fraud is being committed then it's wise to inform the police of that also and get them to attend.

I wonder how soon long they'd stick around if they knew the old bill were on their way. wink

pacman1

7,323 posts

214 months

Wednesday 16th November 2011
quotequote all
To quote a very old joke, the best cure for that is a good kick in the nuts.

They'll soon forget about the neck ache. smile

k15tox

1,680 posts

202 months

Wednesday 16th November 2011
quotequote all
I know every situation is different but......

I got rear ended at 60mph on the m6 on monday.

Neck and back still are a tiny bit sore, I say again tiny.

I've had worse at go karting. I find it difficult how you can suffer at 10mph!!

Still everyones like get claiming mate, 99% of people do!

Ill be the 1% and sleep well at night.