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:
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.
 
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.
 
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.
 
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. :evil:

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. :rolleyes:
 
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. :evil:

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. :rolleyes:

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.
 
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 !
 
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
 
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. :lol:

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. :evil:

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!
 
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.
 
Despite all the negative waves emanating from previous respondents to this thread, it may be that your time has come. Insurance companies have been getting a great deal of stick recently about fraudulent/spurious/rip-off claims and the additional costs to all insured drivers. As a result they are investigating in much more detail and at least one (Aviva) are reportedly no longer paying out on whiplash claims. Instead they are paying for any required remedial medical treatment. Amazingly, when it requires additional diagnostics, attendance at hospital and a course of treatment many of these 'injuries' miraculously self-resolve!
I would certainly report full details to your insurer, together with your views on the validity of the claims. I would signpost them to the local body shop bloke as well. As with all insurance matters the company will make a decision based on their own financial and reputational self interest. However, if it is a fraudulent claim it may just get contested and in any event it will flag her up on the insurance database. You never know she may be a serial claimant?
 
Last edited:
You have good advice above, which, for what it's worth I whole heartedly agree with - let the insurance company earn their money. What I would say is try not to see it as a personal thing - i.e. Against you. It is a claim against the insurance that you have been paying out for for the last however long to protect you in just such an instance.

I know this doesn't help, but if you can depersonalise it, it may not feel such an indignity. It's very easy to get sucked in otherwise. It sounds like you have done the right things all along, so have faith in that, make your statements and let the process take its course.
 
Well, my case is going to court at the end of the year thats 3 years since myself and my kids were nearly killed.

Must say insurance co's are very much hotter on this now, and as others have said get as much details as poss, esp photos to back up your case. You might need to be very firm with your insurance company but I expect it will take ages to resolve.

Should you require the services of a v good PI solicitor please feel free to PM me.

D
 
Thanks for all the comments and suggestions.
I have a fleet insurance policy and also insure my whole business though the same company, spend thousands with them every year. I expect a claim is a claim no matter how big or small as far as my premium is concerned. This is more of a matter of not letting her and the no win no fee, PI law firm get away with what I can only call a scam. Had a text and a phone call today from a two different companies trying to get me to pull the same trick. I hate how everybody is at it. Think they should be band. I'm just going to fill in the forms and say it as it happened. I have a witness too, so that should help my case. I'm not going to spend too much time and energy on this, it's the roe rut and I have better things to be with my life.
Will let you know the out come
 
Did I read right that your independent brakes were unlocked ?, not wishing to slag you off , but you could have slewed and jackknifed killing the people in the car, I would leave that bit out of your statement, what the hell are you driving on the road with your brakes unlocked for, and before you say what do you know?, after driving tractors for 40yrs+ I know a bit. P.S sell the JD and get a proper tractor a Fendt.:D
 
Yes that is correct, and yes your are 100% right driving on the road with the independence unlocked could have resulted in a more serious accident. However it didn't, my tankers tyre just rubbed along the side of her car as I came to a stop, and no one was hurt. I have learnt my lesson here, always check the bakes! The reason I was driving driving on the road with them unlocked, is because someone else was using the tractor for field work, ten mins before. They hadn't locked them back up and I hadn't checked. Don't think this will help my case so yes I will fail to include this information in my statement.
As for selling the JD and buying a Fendt, of course a Fendt is a better tractor but is it £65,000 better? I can think of a lot of things I'd rather buy first.
 
Depends on how good your insurers are - lots now have depts to fight fraud. If she is claiming it was a PI accident then the police should have been informed (It is an offence to fail to notify the police of an injury RTA) - ring your local plod and ask the question - was it reported - you know it will not have been otherwise they would have been knocking on your door by now.
 
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.

this is the right answer, no statement you give will have any weight as you are not a medical doctor or an expert in personal injury.

just let the insurers deal with it, they will always settle until the government gets on with it and changes the law.

Financial Times | Error | Akamai Error
BBC News - UK to crack down on
 
Back
Top