Fraudulent Whiplash claim

[Wolvo]

Hi,

 

Some advice please. I was involved in a very minor shunt over the weekend, there was no damage to either vehicle but I exchanged numbers with the other driver. I took pictures of both cars as well. I've had a phone call today from the other driver asking for my insurance company details and informing me that he has neck pain. My vehicle was stationery at the time and the other vehicle rolled back into my car.

 

I'm very concerned as I think this is a fraudulent claim but even more of a concern is that I had a claim earlier in the year where my car was written off. If I tell my insurance company of this incident I probably wont be able to afford my renewal, regardless of whether it was my fault or not.

 

Also my understanding is that the other driver goes to his insurance company and makes the claim who will then automatically contact my insurers.

 

Any guidance would be appreciated.

[obiter dictum]

Being a victim of whiplash myself i can tell you it does take up to 48 hours for symptoms to usually appear

 

If you were stationary and the other vehicle rolled back into you then you really have nothing to worry about.

 

Though i am yet to fathom out how he can claim whiplash such as you jar your neck forward then back if his car hits you from the front

 

This smells a bit as crash for cash

Edited October 26, 2015 by obiter dictum

[unclebulgaria67]

Hi,

 

Some advice please. I was involved in a very minor shunt over the weekend, there was no damage to either vehicle but I exchanged numbers with the other driver. I took pictures of both cars as well. I've had a phone call today from the other driver asking for my insurance company details and informing me that he has neck pain. My vehicle was stationery at the time and the other vehicle rolled back into my car.

 

I'm very concerned as I think this is a fraudulent claim but even more of a concern is that I had a claim earlier in the year where my car was written off. If I tell my insurance company of this incident I probably wont be able to afford my renewal, regardless of whether it was my fault or not.

 

Also my understanding is that the other driver goes to his insurance company and makes the claim who will then automatically contact my insurers.

 

Any guidance would be appreciated.

 

You must advise your Insurers and give them a full account about what happened. You have no choice, as the third parties personal injury Solicitors will contact your Insurers and your Insurers will contact you. If your car was not moving at the time, your Insurers may deny any liability.

 

Report this tomorrow. Get your story in first and ask your Insurers to keep you informed.

 

Were there any traffic or CCTC cameras near the accident site ? Have a look and if there are make Data Protection subject access requests for the footage. Might help prove claim by third party is fraudulent.

[Sidewinder]

Depending who you are with, a lot of the major insurers also now insist on a comprehensive set of photos for even the slightest incident due to the number of PI claims and the fact that these can often be made many months after the fact. Do not be surprised if your insurer arranges for a photographer to take hi-res images from all around the car plus close ups of any damage - or lack of. If you fight the claim, these images can often disprove the third party's story.

 

Was there a witness?

 

As stated you must inform your insurer, and better to do so now rather than after a claim is made

[Wolvo]

Thanks for the advice.

 

I'll bite the bullet and ring my insurers tomorrow, just dreading the renewal premium and it wasn't even my fault. Makes my blood boil.

[JoeyJoeC]

Just don't accept any liability what so ever. They may try to put it down to a 50/50 blame or similar. Don't take anything other than 0 blame.

[unclebulgaria67]

Just don't accept any liability what so ever. They may try to put it down to a 50/50 blame or similar. Don't take anything other than 0 blame.

 

Problem insurers have is when it is just one persons word against another. Not unknown for insurers to pay a third party, if they don't take the p*ss with a claim.

[tyallm]

If this appears to be a slow and low impact like you suggest then whiplash is a ridiculous claim and you need to make that very clear to your insurance company. You also need to make it very clear they rolled into you which means the entire accident is their fault! If they have injuries then they must claim from their insurer as it is their fault.

 

If you had parked your car and weren't in it and then someone hit it any claim against you would just be as laughable. They are pushing their luck and hoping you won't challenge they're claim. Once your insurance company knows all this they will do all they can to either pay nothing or dramatically reduce any payout.

 

Claims like this put up insurance for all of us so please fight this. People shouldn't be allowed to get away with it!

[obiter dictum]

You can get whiplash even if the impact is as low as 5mph

 

I got mine reversing onto a dock leveler

[tyallm]

Fair enough, I've never dealt with whiplash before.

 

I hit a parked car once and if I was injured I wouldn't even think to claim off the other person but then I consider myself to be a decent person. I think it says a lot these days when most people told me I should have just driven off and not left a note!

 

The person the original poster is dealing with has most likely lied to their insurer or doesn't understand what happened. The fact is it wasn't your fault so they should be claiming against their own insurance.

[Wolvo]

Thanks for all the input.

 

I've left it with the insurance company to resolve, they were very sympathetic and will take it up with the other drivers insurer.

 

The problem here is that its his word against mine, sadly there's no CCTV at that location.

 

I think these people know where they can get away with such incidents, I'm sure they go trawling around for potential victims and I wouldn't be entirely surprised if this guy has made claims like this before.

[obiter dictum]

If he has made fraud claims previous the insurance company will know.

 

They share all claim details with each other through a system called MIDAS

 

Motor Insurance Database Application System

[Conniff]

Have moved your thread into the Insurance section wolvo - http://www.consumeractiongroup.co.uk/forum/showthread.php?454526-Fraudulent-Whiplash-claim