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Whiplash Claim - Pulling a fast one!


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Hi all,

 

Came across this forum in my desperate search for some help and advice. I am 19 years old and have been driving for 11 months, and unfortunatley, had my first little bump in my car last friday morning on the way to work.

 

I was behind a lady at a roundabout, who began to pull away. The road was clear so I began to follow slowly, as I looked to my right to doublecheck the roundabout, I didnt see that the woman in front had stopped and I went into the back of her. It mustve only been about 4-5 mph, because I was just pulling away so didnt have enough time or road length to build up speed any more than that! She got out of the car and told me not to worry, she wasnt hurt, and that her car was getting taken away that day anyway because she had just brought a new car. We swapped details anyway, just because its the thing to do.

 

Now this happened on friday morning, I didnt hear anything from her all day friday, nothing over the weekend either. However monday night, the calls start coming in. The pestering voicemails asking me for my insurance details because she has decided now that she has whiplash.

 

Now I am totally baffled at how this woman could possibly have whiplash, at such a slow speed. It was no more than 5mph. There was hardly any damage to either of our cars, from a distance, you wouldnt even know my car was in an accident. My indicator lense is broken and I have the smallest of dents in the front lip of my bonnet. The woman's car who I hit, has a tiny dent in her back bumper too. Absolutley nothing major.

 

When I spoke to her on the phone last night, she said to me that she couldnt care less about the dent in her bumper because she has a new car, but she was complaining of whiplash to her doctor. Now, why did it take her 4 days to ring me? If she really had whiplash, she would feel it instantly surely? I mean, she could've slept awkwardly on her neck over friday, saturday and sunday night. There is no proof that it was my car that caused her so called whiplash.

 

Im just extremely worried, this is my first experience of dealing with something like this. I am only insured 3rd party and my insurance is enough as it is, without her claiming on it. What is the best thing I should do? I know she is trying to pull a fast one, she obviously spoke to someone over the weekend who told her she could claim. My parents told me to ring up my insurance company and explain exactly what happened. She hasnt got my insurance details as of yet. She even admitted to me on the phone that she wont be claiming on her car, because she doesnt care about the slight damage.

 

Where do I stand? How can i stop her from getting any form of payout?!

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why dont you want her to get payment? whats it to you anyway its the insurance that pays not you? you swapped details with her because there was an accident.if she claims for whiplash its the big insurance company that pays not you...if i was her to be honest id claim too and if you were honest about it so would you

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I dont want her to get payment from my insurance company because my insurance will then go through the roof!

 

Im third party so what's the point in me claiming anyway? Even if I was fully comp, there is not enough damage to my car to warrant a claim. I could fix it myself for £30. All i need is a new indicator case.

 

Im annoyed at the fact she said she was unhurt, 4 days have gone by and now she's deciding she's going to claim for "whiplash" which has yet to be proved.

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im sorry but you had a bump with that lady and like it or not shes entitled to claim.i dont mean to sound harsh but you only having third party isnt her problem its yours.with any accident your insurance goes up even if its not your fault.thats life.anyone who has a bump puts in a whiplash claim and i cant say i blame her. shes gonna get at least £1000 for it .sorry but id do the same

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im sorry but you had a bump with that lady and like it or not shes entitled to claim.i dont mean to sound harsh but you only having third party isnt her problem its yours.with any accident your insurance goes up even if its not your fault.thats life.anyone who has a bump puts in a whiplash claim and i cant say i blame her. shes gonna get at least £1000 for it .sorry but id do the same

 

She is only entitled to "damages" if there has been damage. If she DOESN'T have whiplash, she has no right to claim. To do otherwise would be at best misrepresentation and at worse fraud and extortion.

 

H

I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.

 

Victories:

Abbey (OH) - £680 ..... Barclaycard (OH) - £2200 ..... MBNA (OH) - £1800 ..... Shop Direct (OH) - £220

Brunell Franklin (a.k.a. Conkers) - Out of "contract" & no charge

:D

 

In Progress:

MBNA (OH) - PPI & bad default with premature termination

Capital One (OH) - ~£800 Penalty Charges

Suzuki Finance/Blackhorse (OH) - Commission, Unlawful removal, PPI, Charges

 

A Lightbulb Shop - "loss of bargain"

 

If i've helped, please feel free to hit the star ;)

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And she's got to prove it was me that gave her the "neck pains" she was complaining from. Seeing as she didnt go to the doctors/hospital straight away, her neck pain could be caused by anything.

 

Well anyway, I rang my insurers up (Sabre) at lunch and just informed them of what happened. They said they here it all the time, and pretty much laughed when I said she was complaining of whiplash after a 4-5mph bump. Im hoping my insurers dispute it.

Edited by ThePoizon
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And she's got to prove it was me that gave her the "neck pains" she was complaining from. Seeing as she didnt go to the doctors/hospital straight away, her neck pain could be caused by anything.

 

Well anyway, I rang my insurers up (Sabre) at lunch and just informed them of what happened. They said they here it all the time, and pretty much laughed when I said she was complaining of whiplash after a 4-5mph bump. Im hoping my insurers dispute it.

 

They should, as the last thing they would want to do is pay out.

 

Now, you do really need to give her your insurance details BUT, hopefully your insurance company are as wise as they sound and will make her proove the issue.

 

 

 

I have gotten whiplash myself before (not in a car crash, I was playing volley ball and slipped over rather violently on wet grass, crached a rib aswell :|) and it was noticeable the next day.

 

I have also driven into the back of someone at a bit more than 5mph when pulling off at a junction (luckilly it was my Other Half and not someone else!) and she had a bit of a twinge for a day or two, but not whiplash.

 

 

Talking to your insurance co was definitely the best thing to do :)

 

H

I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.

 

Victories:

Abbey (OH) - £680 ..... Barclaycard (OH) - £2200 ..... MBNA (OH) - £1800 ..... Shop Direct (OH) - £220

Brunell Franklin (a.k.a. Conkers) - Out of "contract" & no charge

:D

 

In Progress:

MBNA (OH) - PPI & bad default with premature termination

Capital One (OH) - ~£800 Penalty Charges

Suzuki Finance/Blackhorse (OH) - Commission, Unlawful removal, PPI, Charges

 

A Lightbulb Shop - "loss of bargain"

 

If i've helped, please feel free to hit the star ;)

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im sorry but you had a bump with that lady and like it or not shes entitled to claim.i dont mean to sound harsh but you only having third party isnt her problem its yours.with any accident your insurance goes up even if its not your fault.thats life.anyone who has a bump puts in a whiplash claim and i cant say i blame her. shes gonna get at least £1000 for it .sorry but id do the same

 

So your one of the con artist that push premiums up.

 

She was probably talking to someone just like you and they suggested she make a claim.

You're nothing more than a common criminal.

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And she's got to prove it was me that gave her the "neck pains" she was complaining from. Seeing as she didnt go to the doctors/hospital straight away, her neck pain could be caused by anything.

 

Well anyway, I rang my insurers up (Sabre) at lunch and just informed them of what happened. They said they here it all the time, and pretty much laughed when I said she was complaining of whiplash after a 4-5mph bump. Im hoping my insurers dispute it.

errrrr she dosent have to prove anything.she had a car bump and is claiming whiplash.her doctor has to take her word for it as you cant prove she hasnt got whiplash.it cant be seen on xray.so shes gonna complain to her doctor she has neck pain after a bump in the car.and guess what the docs gonna say.hes gonna say its whiplash.also some people dont go to the doctors right away as it can take up tp 3 days for the neck pain to start.you might as well forget about it because shes gonna win.

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So your one of the con artist that push premiums up.

 

She was probably talking to someone just like you and they suggested she make a claim.

You're nothing more than a common criminal.

excuse me but we dont do that on this site.we respect eachothers opinions you do not know me and ive never spoken to you before so why are you insulting me? im no con artist just a realist.in any bump situation everyone claims whiplash.why do you feel the need to call me a common criminal.

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I think the reason is because you have suggested that you would commit a fraud.

 

The issue here is whether or not the TP has whiplash. Not being doctors, and not having examined her, we don't know, though it is known that whiplash can happen at low speeds.

 

You stated that "anyone who has a bump puts in a whiplash claim". Asides the fact that this is untrue, you suggest that the presence of whiplash is not a prerequisite for claiming for it.

 

Claiming for a medical condition you know you do not have is fraud. Fraud is a crime and anyone who commits a crime is a criminal.

 

So just where then is Conniff's comment an insult? I agree with him entirely.

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I think the reason is because you have suggested that you would commit a fraud.

 

The issue here is whether or not the TP has whiplash. Not being doctors, and not having examined her, we don't know, though it is known that whiplash can happen at low speeds.

 

You stated that "anyone who has a bump puts in a whiplash claim". Asides the fact that this is untrue, you suggest that the presence of whiplash is not a prerequisite for claiming for it.

 

Claiming for a medical condition you know you do not have is fraud. Fraud is a crime and anyone who commits a crime is a criminal.

 

So just where then is Conniff's comment an insult? I agree with him entirely.

the world has gone claim mad.everyone makes a claim when possible.id say at least 9 out of 10 would make a claim.where is conniffs comment an insult????? id say being called a common criminal is an insult. anyway ive had enough lol ive been coming here ages and this is the first time ive encountered rude people.just because you dont get the reply you want to hear dosent give you the right to be rude

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the world has gone claim mad.everyone makes a claim when possible.id say at least 9 out of 10 would make a claim.where is conniffs comment an insult????? id say being called a common criminal is an insult. anyway ive had enough lol ive been coming here ages and this is the first time ive encountered rude people.just because you dont get the reply you want to hear dosent give you the right to be rude

 

Nobody was being rude, what they were doing was telling the truth. If you put in a claim for an injury that isn't real you are committing fraud, that makes you a common criminal.

 

You'd say 9 out of 10 people would make a claim would you? Do you work in a claims environment (I suspect you don't), maybe 9 ouit of 10 people who you know would put in a claim, but then again, birds of a feather!

 

Mossy

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Insurance company's don't just pay out because someone SAYS they have whiplash. This is the first time in dealing with insurers and from what ive heard about them, they pretty much do anything to get out of paying.

 

The fact that there is hardly any damage to either cars proves that the collision was one of the tinyiest! Insurance company's have heard it all before, they know the difference between someone trying to claim on "whiplash" just to get a few pennies, and someone who is genuinley insured from a 30mph shunt up the rear!

 

The woman who I bumped into is now beginning to harrass me for details, even though I have already informed my insurers of the incident and have passed over her contact details. She also knows that I am only 19, i have only been driving for 11 months and that if she made a claim, then I probably wouldnt be able to afford to keep my car which is already £150 a month on insurance...yet still, she continues to put in a claim. A very heartless person in my opinion, just to get a bit of money.

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i feel sorry for you poizon but people are ruthless when it comes to money.yes insurance companys dont like paying out i agree. but if a doctor says the lady has whiplash then if it goes to court the court is going to take the word of the doctor and the lady in question.my son had a similar thing happen to him when he was 18. a small bump with a woman who had 3 kids in the car they had no seatbelts on and he was reversing from our street so he wasnt even going at more then 5mph. she claimed whiplash for herself and 3 of her kids and she won too.she lived near me and i saw her most days walkin round happy as larry apparantly with severe whiplash.lucky my son had a motobility car or he wouldnt have been able to afford insurance after that.so i do feel sorry for you as your age will go against you in this too

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Nobody was being rude, what they were doing was telling the truth. If you put in a claim for an injury that isn't real you are committing fraud, that makes you a common criminal.

 

You'd say 9 out of 10 people would make a claim would you? Do you work in a claims environment (I suspect you don't), maybe 9 ouit of 10 people who you know would put in a claim, but then again, birds of a feather!

 

Mossy

in an ideal world everyone would tell the truth.but its not an ideal world .and i have never put in a claim as i have never had an accident.everyone knows you get at least 18 hundred pounds for whiplash and i believe everyone that has an accident that wasnt there fault would most certainly put in a claim for this.are you in the real world? when it comes to money people are ruthless.

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in an ideal world everyone would tell the truth.but its not an ideal world .and i have never put in a claim as i have never had an accident.everyone knows you get at least 18 hundred pounds for whiplash

 

And it's because we don't live in an adeal world that we have claims investigators, you'd be surprised how many claims get refused or withdrawn by the 'injured parties' when investigations start.

 

Your figure of 'at least £1800' shows how little you actually know about what you are talking about.

 

How about you get your facts correct or wait until you have something positive/helpful to contribute before you post again?

 

Mossy

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And it's because we don't live in an adeal world that we have claims investigators, you'd be surprised how many claims get refused or withdrawn by the 'injured parties' when investigations start.

 

Your figure of 'at least £1800' shows how little you actually know about what you are talking about.

 

How about you get your facts correct or wait until you have something positive/helpful to contribute before you post again?

 

Mossy

my friend got £1800 last month for a whiplash claim thats how i came to that figure.so i know damn well what im talking about and thats fact. this is a website for people with financial problems and more then 3 quarters are looking for advice .and to look for ways of wheedling there way out of debt from companys,so please dont try to look whiter then white because like the rest of us your looking for a loophole to avoid paying owed debt.so please dont be a hypocrit talking about con artists etc

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For me to a hypocrite I would have to have made a fraudulent claim and then berate people who do likewise. Perhaps you would care to look up both the spelling and the meaning of the word.

 

It may well be that a friend of yours got £1800, but that does not make that figure a universal minimum for whiplash.

 

This is actually a website for people looking for advice, you may have your own reasons for visiting it, but don't judge everyone by your own low morals and standards.

 

Incidentally, I don't have any debt, other than a mortgage and I'm certainly not looking for a loophole to avoid paying it, I use this website to help people who have genuine problems regarding insurance.

 

Mossy

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:confused::confused: How come if i make comments like some of those above i get cagbotted????? lol :confused:

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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troll? ive been here months and never had any problem here before.why are you jumping on the band wagon lemon twist.lets end this now please its very childish and also getting very boring.theres people here that need help with problems so instead of bothering me maybe you could help them.

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troll? ive been here months and never had any problem here before.why are you jumping on the band wagon lemon twist.lets end this now please its very childish and also getting very boring.theres people here that need help with problems so instead of bothering me maybe you could help them.

 

Childish? Let's see - you came onto an insurance forum, started condoning criminal activity, being argumentative with other forum members and now you act surprised when everyone calls you out on it?

Many of the people who help out on this particular forum (in their free time, I must add) are insurance workers themselves. We are very happy to help people who genuinely need it, and to help anyone who needs advice with making a genuine claim. However, we're not going to tolerate anyone who wants to rip off our companies, thus pushing up premiums for innocent, honest customers.

 

How would you feel if someone accused you of injuring them when you hadn't really? Wouldn't you be upset? Policyholders are getting fed up of having to pay higher premiums to fund criminals lifestyles. I am getting fed up of seeing hundreds of my fellow workers being made redundant while criminals collectively steal hundreds of millions of pounds a year from our employers by making false/exaggerated claims. I know the redundancies aren't a direct consequence, but it is annoying to see people put out of work while this sort of thing is going on.

 

I hope now you can understand.

 

It's sad if this is an example of how corrupt our society has become. The thing is, it's not even as if the people in charge of our country are setting a good example. The fish rots from the head down, as they say.

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Can i just say for the record whiplash can take up to 72 hours to fully come out, it's not immediate always ;)

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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OK guys and girls - enough already.

 

So your one of the con artist that push premiums up.

 

She was probably talking to someone just like you and they suggested she make a claim.

You're nothing more than a common criminal.

I don't think you can say that as reorete says (s)he has never made claim, never having had an accident.
excuse me but we dont do that on this site.we respect eachothers opinions
I'm afraid we don't respect opinions that advocate criminal activity, not that you are necessarily advocating it, but making a fraudulent claim is criminal
you do not know me and ive never spoken to you before so why are you insulting me? im no con artist just a realist.
As I said above, I think Conniff is out of order
For me to a hypocrite I would have to have made a fraudulent claim and then berate people who do likewise.
quite, so reorete is out of order too
but don't judge everyone by your own low morals and standards.
...and possibly Mossycat too.

 

Please keep comments factual and avoid name calling or I will have to come in heavier. Thanks for your understanding :)

Steven

 

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