Car Accident/Insurance claim

[MrFrost]

Now, i'll use the term accident losely, although its hardly the word to describe it.

On Wednesday, on my way to work, i bumped into the car in front of me on Thorne Road in stop start traffic (my own fault, i'll hold my hands up, I wasn't paying attention). I was travelling absolutely no more than 4/5 mph at the very most.

The car in front of me was a 4x4 and my bonnet hit the spare wheel cover on the back of the car. I got out, and the woman driver immeidately started shouting in agonising pain about her neck. Here we go I thought.

The resulting damage was no more than a slight dint and scuffing to my bonnet and a few light scratches to her spare wheel cover. I of course offered my details, and offered to pay for any damage out of my own pocket. The woman was extremely unpleasant and all she was bothered about was this injury to her neck, saying it would need treatment, etc etc. She then refused to give me her details as it was me who hit her (not sure of the legalities of this).

Anyway, the other day, a letter comes to me from a law firm, saying their client (interestingly a man, not a woman) had sustained personal injuries in the accident and I need to admit fault to them within 14 days of the letter.

Now, needless to say I was a little shocked with this, not least because i was travelling at such a slow speed, I doubt any injuries could be sustained, but there was no man in the car.

I called my insurers who were not very helpful saying that I have to take responsbility as I hit them. I'm not denying I did, but I do deny that I caused any injury to someone who wasn't in the vehicle.

Can anyone give me any advice here. I don't have any witnesses and was the only one travelling in my car.

Cheers

[kittyslass]

I think your best bet would be to pay for an hour's legal advice from a solicitor. Also for him/her to make an injury claim, shouldn't he/she have had to have medical treatment.....DRI being just along Thorne Road should have been attended. Do you pay for legal cover with your insurers. If so, you should be oble to get loads of information and advice without speaking to and paying for individual solicitor. Sorry, not very helpful and something you're already probably aware of. Best of luck.

[5minstogo]

If she refuses to give her details it is a matter for the police at the time (obviously no good now).

Perhaps this chap with the injuries was stowed in the boot or perhaps the person you bumped into is transgender?

I think the best thing to do is leave it to your insurance company to sort out, thats what they are paid for. Admit nothing I say.

[MrFrost]

Thanks people.
Yes i've got MLP included on my insurance. Direct Line are next to useless when it comes to claims, as ive found out before. I don't know why I keep using them.

Interestingly, on the solicitors letter I recieved from them, it states that it is not their intention to obtain GP or hospital notes and they will use an independant medical-legal agency to produce a medical report on their clients injuries.
Hmmmmm.

[eastender]

Sounds very suspicious to me, may be she shouldn't have been driving for what ever reason.

I'd definitely take advice and find out what there up to,before admitting anything.

[Pintolager]

MrFrost wrote:

Thanks people.
Yes i've got MLP included on my insurance. Direct Line are next to useless when it comes to claims, as ive found out before. I don't know why I keep using them.

Interestingly, on the solicitors letter I recieved from them, it states that it is not their intention to obtain GP or hospital notes and they will use an independant medical-legal agency to produce a medical report on their clients injuries.
Hmmmmm.

Frosty, as 5minstogo says, leave it to your insurance company to follow up. Even if she has no insurance for example, they will get to the bottom of the incident even if the Police aren't involved! It does sound suspicious!

[grayx]

It sounds to me like the woman probably wasn't insured to drive that vehicle, why else would she not give you her details?. If this was the case,you're not liable for anything. As you have got legal cover I'd be consulting a solicitor sharpish.

[Nudga]

I'd get the police involved as she is making fraudulent insurance claim. There are loads of cctv camaras along Thorn Road which if it were pointing on her car would pick her/his image up. I would make this known to your solicitor and get them to advise the woman/man that you will involve the police and an investigation would open. Even if you don't get old bill involved, make them think that you will.

[Filo]

A little tip for the future, if you have a bump most of us these days have mobile phones with a camera, take a photo of the number plate of the other car and also a photo of any damage caused to both cars. Taking a photo of the number plate saves you scratching about for a pen and there`s no chance of writing down the wrong number by mistake, you can then take the registration number to the police and they can check if the car has any insurance

[CusworthRovers]

Remember the adverts mate:

Have you been injured?
Had a car accident?
Fallen over on a wet floor at work?
Or tripped on an uneven kerb?

If so.....




Sort yourself out, you clumsy t**t

[rtid88]

We had a similar sort of accident a few months ago, my wife went into the back of an old P reg mondeo at about 5 miles an hour, the driver in front shot out of his car and quickly gave us his details and my wife ours and said that he was in a rush as they were off on holiday that same day and would not be back for a week. Not the slightest sign of any injury. The only damage to his car was a small crack on his flimsy back bumper which can be bought and sprayed for bout £100.

Our plan was to ring the chap back in a weeks time on the following monday when he got back from holiday and offer to pay for the damage ourselves. But oh no! He rang us at 9:30 on the Sunday night  checking our car details (also stating that he had had a lovely holiday) because he wanted to go through the insurance and that he had already sorted out a courtesy car. I tried to reason with him to say that I knew a garage that he could take it to and it would be done within a day but he was not having any of that.

Anyway 2 days later we get 2 letters from a solicitor to say that the man and the woman that were in the car were pursueing personal injury claims of whiplash and back pains!! Dodgy barstewards!! Unfortunately its just the way of the world mate. The dodgy crooks get away with anything in this world and the honest people get screwed over!!

[deebee]

In a car accident where someone is injured it has to be reported to the police. Both parties MUST then produce thier documents at the police station within 7 days. You will definatly need legal advice this is a try on. While you are responsible on your own admission ( something you should never do by the way). The other posters are correct in saying leave it to the insurers. The fact that there is a claim for injury will not make any difference to you anyway you will still lose two years no claims ( unless protected ) and thats that.

[MrFrost]

I was expecting an injury claim to be honest, however, not from someone who wans't in the car.
Thats my main gripe.

[jucyberry]

Is it at all possible that the woman wasn't a woman after all? Did you see her properly, not being flip or anything, but it isn't beyond the realms of possiblity that this woman was a man.. he could be a transvestite, not all of them look like hairy dockers in fancy dress after all.

He would have to claim as a man wouldn't he?

[MrFrost]

Yes, i'm sure it was a woman. I've tracked the guy on Facebook. He has a profile, and there are photo's on there with the woman who was in the car.

[Dagenham Rover]

I think I would be quite forceful with the insurers stipulating it was a woman driving and as far as you are concerned its fraudulant, not so much the claim but the person who appears to be making it, although I suppose that would make the whole thing fraudulant

[Filo]

Dagenham.Rover wrote:

I think I would be quite forceful with the insurers stipulating it was a woman driving and as far as you are concerned its fraudulant, not so much the claim but the person who appears to be making it, although I suppose that would make the whole thing fraudulant

Not true, the personal injury claim would be fraudulent, but there is no disputing the damage to the vehicle has occurred

[Dagenham Rover]

However presumably its the bloke making the vehicle damage claim thereby making the whole thing fraudulant, unless the woman is making the vehicle damage claim and they are saying the bloke was a passenger, if that was the case I'm surprised they are not both claiming for injury....if you get the drift

[MrFrost]

The strange thing is, there is no claim for vehicle damage, just injury. Probably because the damage was non existent, and would tee cut out. From what the woman said inbetween her hysteria, she had just already made a whiplash claim for an accident a few weeks before. Can you claim for than once for it?

[deebee]

If that is the case it will be very very difficult for her to prove it was your bump that has caused the injury as whip lash lasts for weeks . Was she wearing a coller (neck brace) if she had whip lash she should be. It also takes at least two years to get paid out.

[RoversDave]

MrFrost wrote:

Yes, i'm sure it was a woman. I've tracked the guy on Facebook. He has a profile, and there are photo's on there with the woman who was in the car.

Get a copy of that photo, she may have not been qualified / insured / to drive the car, and so she is not making the claim in her name.

[Old Popsider]

MrFrost wrote:

The strange thing is, there is no claim for vehicle damage, just injury. Probably because the damage was non existent, and would tee cut out. From what the woman said inbetween her hysteria, she had just already made a whiplash claim for an accident a few weeks before. Can you claim for than once for it?

As already said, let the insurers get to work, BUT, you must also tell them about this other whiplash claim. Reading between the lines I'd say she is a serial claimant with fraudulant intent. Have you referred the Facebook page to your insurers? Might help them investigate the seeming fraud side of things. I think that in the case of another whiplash claim so soon after another one, it would be up to the claimant to get medical proof that any subsequent accident of this type has exacerbated the existing injury. Might be difficult but if she is intent on getting as much out of it as she can, then she'd probably try.

There's some right arseholes out there who are just out for what they can get, either ligitimately or otherwise - she's one of them.

[topnotch_Donny]

You should report it to the police if you think it is fraudulent. You have no evidence to suggest you didn’t smash into the back of them, and they could have gone home and smashed into their own car to atleast make it look bad enough for injuries.

You need to report it otherwise you’ll be asked (in court) why you never contested it or reported it, Judges take no sh1te and you will be made to look the villain unless you act know.

I think you are entitled to one hour free consultation with a solicitor, use it, or just let them get away with it, plus they can sue you too after winning a case with the insurers.

[MrFrost]

I've spoken again to my insurers. Apparently, they have a witness who is conforming it was a male driving and not a woman. Hmmmmm. I wonder where this witness has mysteriously appeared from, as we both drove away at the same time, without anyone else being involved.

My insurers are now dealing. I have motor legal protection, and they have told me that will cover all legal costs. They are conducting their own investigation, which will involve them looking at the damage to my car, obtaining statements from those involved. They did ask me how I can prove that this male wasn't driving. Unfortunately, I can't, so we will have to see what happens.

[Old Popsider]

MrFrost wrote:

I've spoken again to my insurers. Apparently, they have a witness who is conforming it was a male driving and not a woman. Hmmmmm. I wonder where this witness has mysteriously appeared from, as we both drove away at the same time, without anyone else being involved.

My insurers are now dealing. I have motor legal protection, and they have told me that will cover all legal costs. They are conducting their own investigation, which will involve them looking at the damage to my car, obtaining statements from those involved. They did ask me how I can prove that this male wasn't driving. Unfortunately, I can't, so we will have to see what happens.

I happened to mention this case to someone I know who is a traffic cop. He said that they wouldn't normally respond to a damage only road traffic accident unless it was a serious damage accident,but as soon as any person claims any type of injury, it is worth calling 999 and get them involved anyway.

 He said that the person/s claiming to be injured will either suddenly recover when they turn up or they will insist they have whiplash or whatever. In which case the cops will advise them to go to A&E for formal medical examination to see if they do have an injury that has been caused by the RTA. Should the allegedly injured person choose not to seek immediate medical attention then it casts doubt on their claim.

So the motto is whenever any person claims any kind of injury allegedly caused by a road traffic accident, always call the cops. It could be beneficial to you.

[topnotch_Donny]

If you get hit at 2mph, you can still claim for whiplash as the injury cannot be proven, or dis proven.

Whiplash cant be seen on an x ray just like other injuries that might be claimed.

And you can be personally sued (like I said earlier) even if you have insurance.

[RobTheRover]

I know someone who sued their own girlfriend when they were a passenger in an RTA and she was driving.  They got a few grand paid out in damages, and he and his girlfriend went on to get married.

[Dagenham Rover]

And don't forget the \"independent\" medical assesement mentioned IS NOT independent they are employed by the 3rd party

[MrFrost]

Insurers called me again this morning. They don't seem happy. They've requested full medical records for both him and her. They are also on about me appearing in court as they are persisting with saying he was driving and she wasn't even in the vehicle.

Why would they sue me? If they do get a succesfull claim and the insurers pay out, what would they hope to get from me?

[BillyStubbsTears]

Not sure this is of any help, but here's my experience.

About 20 years ago, someone ploughed into the back of my car after I stopped suddenly to avoid a motorcyclist who had come off his bike on a greasy road. Back end of my car was stoved in, car was written off.

I felt fine at the time, but my neck seized up during the rest of the day and by the end of the day I couldn't move it. Called my insurance company and they utterly insisted that I report the accident to the police, as a personal injury was involved. Went the to plod, who were highly skeptical, and did their best to find out if I was making it up (e.g. copper speaking to me suddenly moved round to the side of me to see if I could turn my head to follow him). A week later, my insurance company sent me to a specialist on Thorne Road for an assessment. This had been agreed between the two insurance companies.

The point is that, all the way through the process, there were checks, insisted on by my own insurance company and, apparently, the agreement of the other side.

Your case sounds like something very fishy going on. As for the insurance company contacting you directly, they are simply trying to pressurise you into admitting liability. Say nothing on that topic. keep a note of all contact with them and forward this to your insurance company immediatley. Also, make damn sure that you have a detailed record of exactly what happened at the accident scene, and STICK TO THAT STORY. If this does go to court, a lot will depend on the credibility of the witnesses from both sides. You will seem much more credible if you have a simple and believable story.

On that topic, did you inform your insurance company of the accident straightaway - i.e. before the other side's insurance started spinning this tale about it being a man driving? If you did, THAT will go a long way to support your side of the story - why should you have made that up? That, plus the relative lack of damage to the other party's car will all start to weigh very heavily in your favour. And if it turns out that the woman in question wasn't qualified/insured to drive (which would come out if this goes to court), your story starts to look very strong compared to theirs. How could you possibly have known that, so again, why make up your story?

Good luck. I hate this sort of leeching vermin with a vengeance. If there's any justice, they might even end up serving time for perjury and fraud!