I was in a car accident a few days ago which was not my fault. I was in a queue of traffic for a roundabout and the van behind me did not stop and drove into me at around 20-30mph. My car will be written off. The police and ambulance services attended (the ambulance for me as I had severe neck and back pain) and told me it was not my fault and that I should go to A&E or GP if pain persisted past today.

I have severe back and neck pain and do not see that I will be in work for the first part of this work, primarily as I cannot turn my head and therefore dont think I should be driving.

I hate the whole compensation culture and feel very strongly that unless you are genuinly affected by your injuries you should not claim. However, I am in considerable pain and a bad back will stop me doing my job (I do a lot of heavy lifting and driving). At the moment I can't even do the dishes!

However, I also feel that if I had been at fault I would put all my money on the other driver trying to claim. I'm really struggling with my concience on this one.

How bad should my injuries be before I should claim?

Hi,

You should claim straight away. It sounds like you will be off work and as such may suffer 'loss of earnings' for a start. What has your insurers advised?

Its a company vehicle so at the moment someone at work has been dealing with them but today I will be ringing them to confirm more specific details.

Thanks for your advice.

I have been an insurance employee (claims & underwriting) for a number of years and I wholeheartedly believe you should file a claim. The compensation culture does not apply to real injuries. I was rear-ended 10 years ago by a hit and run so&so who was probably uninsured. My back still isn't 100% right. Whiplash and back injuries are real.

All any person should ask is that you refrain from exaggerating your injuries.

Well, having been to doctors today they have signed me off work for at least a week with the instruction not to sit down for any length of time. I have been prescribed sedatives and painkillers (including valium) to deal with the pain - the doctor told me to claim, noting that my prescription bill was going to get rather high and that if I didnt improve in a week may need physio.

I think I've answered my own question now haven't I! Thanks for your help. Just hope I don't have ongoing back problems too.

I too have worked in insurance for some years, I would suggest that as you have suffered a loss, you should pursue your right to claim. What I would say however, is speak to a LOCAL SOLICITOR, not one who your insurer pass you to, and certainly not one of these from the tele, both of these types of companies tend to be nothing more than call centres, who have contracts with private doctors etc. Obviously it is your choice, but someone will make money out of you claiming, and If it was me, i would rather it be a local solicitor than a call centre full of people saying "turn your head to the right, and the left, does that hurt? You'll be feeling some pain now!" They are the ones to watch, as they dont have your interests at heart.

Good Luck with whatever you choose to do and I wish you a speedy recovery