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Thread: Personal injuries claim against me.

  1. #1

    Personal injuries claim against me.

    At the end of April I had a accident' which I admit was my fault.
    I was travelling around the Cornish lanes close to my farm, I had a large slurry tanker on the back of my john Deere 6630, I came to a corner and met a car which freaked at the sight of me and stopped on the narrowest bit of road. I hit the bakes, but the independence bakes where not locked and I couldn't stop in time. The back wheel of the slurry tanker scraped along the side of the car, leaving a dent in the door and taking the wing mirror off, must have been traveling at 10mph or less. I stopped and got out to give the female driver my insurance details, she was already out of the car looking at the damage. I gave her the details of my local body shop, 1 mile away.

    We Then left the scene, and I spoke to the body shop later that day. She had been up there and they had checked her car over, to make sure it was save to drive as he was on holiday and going back to London in a few days. The quote to repair the old p plate merc, was more than I was willing to pay and maybe more than the car was worth. So I informed the garage that I would go though insurance. I paid the garage/body shop 40 for looking over her car, taking it for a test drive and delivering it back to her holiday cottage. She drove it the some 5hrs back to London that weekend.

    I have now received a letter saying that she is claiming for personal injury. there's no way I want my insurance to pay thousands for some fake claim. I am happy to payout for damage to her car, but there's no way I can see how she has a has a valid personal injury claim.

    Any advice welcome.
    Thanks
    Last edited by North Cornwall Deer; 30-07-2014 at 07:16.

  2. #2
    First thing is to make a full and comprehensive note of exactly what happened, what you saw and what was said. If you didn't at the time then do it now and date it.

  3. #3
    Buy some ky, it might make accepting this easier.
    The in sewer ants industry will not fight an admitted liability like this as it would become cost bearing so cheaper to settle despite it being soooooo morally wrong.
    It might be worth a chat with your in sewer ants company fraudulent claim dept only on the basis that your local garage saw the driver in good health after the event.
    Below is a link to my website.
    Quad sticks

  4. #4
    Ensure the Insurance company are aware that the driver did not complain of any injury at the time of the accident and ask them to speak to the body shop to see if she complained of any pain or discomfort when she saw them.

    She sounds like someone who is trying to get more money for a better motor. Good luck.
    Knowledge is knowing that a tomato is a fruit. Wisdom is not using it in a fruit salad.

    Amateurs practice until they get it right. Professionals practice until they never get it wrong.

  5. #5
    She should be arrested for fraud.

    It's unbelievable how people are still milking the 'whiplash' cash cow. It's a real pet hate of mine.

    There was something on the news the other day about proposals to close this off and make only direct payouts for treatment. So she would get sweet FA and be expected to attend for physiotherapy with any payment being made direct to the medical establishment.

    Bet that stiff neck would soon clear up.

  6. #6
    Quote Originally Posted by csl View Post
    She should be arrested for fraud.

    It's unbelievable how people are still milking the 'whiplash' cash cow. It's a real pet hate of mine.

    There was something on the news the other day about proposals to close this off and make any payouts only for direct treatment. So she would get sweet FA and be expected to attend for physiotherapy with any payment being made direct to the medical establishment.

    Bet that stiff neck would soon clear up.
    Unless of course she did sustain injuries during the crash that might not have been immediately apparent.

    unfortunately for the op, it is very hard to disprove whiplash. I guess you're insurance is going to be well and truly shagged for the cost if the car repairs so it's likely that the personal injury claim won't make it any worse for you (you'll have already lost you're excess and no claims etc).

    unless you have definitive proof that she's faking it, I'd recommend the tube of KY and try and move on.

  7. #7
    I've been the victim of this and frankly it stinks but ultimately you will just have to suck it up until either what CSL recommends happens or people cultivate some decency !
    Right where's those stones , I'll start !

  8. #8
    Have a word with your local NFU branch hopefully they will put you on to someone. In the meantime, as said, get everything you can remember down on paper, send everything "recorded" and keep all emails.

    If, like me, you are a techno-retard then enlist the help of someone who is experienced in these matters, we all have our strong points but cant be good at everything, just dont let her/them get away with an inflated claim.

    ATB WB

  9. #9
    Quote Originally Posted by palmer_mike View Post
    Unless of course she did sustain injuries during the crash that might not have been immediately apparent.
    Well yes, in which case she would get appropriate treatment under the proposals...

    And then after that treatment she should have her licence revoked because anyone so delicate as to get whiplash from a broken wing mirror would be a danger on the road... she'd get knocked unconscious if she ran over a hedgehog or bumped up a kerb.

    The annoying thing is that people view compensation almost as an automatic right these days. Daytime TV is full of 'Where's there's blame there's a claim' adverts targeting people sitting at home watching Jeremy Kyle. When someone smashed into the back of me (I was stationary at traffic lights) it left a bruise across my chest from the seatbelt. I was otherwise fine. Work colleagues and friends were all saying "ooh get a photo and a claim in, you'll get compensation for sure!". Soon put them straight.

    Compensation is for people who have suffered genuine loss and injury and anyone else claiming for cash (and the ambulance chasers helping them) are directly stealing from those people by devaluing the whole process in my opinion!

  10. #10
    You can all rant and rave to your hearts content. The reality is that the driver will get a result and the OP's insurer will cough up.

    Forget about it and let the insurer deal with it, you'll only stress yourself.
    Brian.

    Just because you are paranoid, doesn't mean they aren't out to get you......

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