claim whiplash when its your fault? - Civinfo
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post #1 of 36 (permalink) Old 16th May 2012, 10:51 Thread Starter
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claim whiplash when its your fault?

basically in short 2 cars on rounda bout . car already on roundabout coming from right hand side went into first car.

at first, was disputed for obvious reasons because two cars on roundabout yet a third party went into them.

insurance took car away , fixed having paid excess , own solicitors sent whiplash claim form , but own insurers have said they have classified it as own fault claim but wont affect NCB as protected.

so any point filling in the whip lash claim ?
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post #2 of 36 (permalink) Old 16th May 2012, 10:52 Thread Starter
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not my car by the way - am asking for friend.
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post #3 of 36 (permalink) Old 16th May 2012, 10:53
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Does he actually have whiplash?
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post #4 of 36 (permalink) Old 16th May 2012, 10:53
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The driver at fault can not claim for his/her injuries.
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post #5 of 36 (permalink) Old 16th May 2012, 10:57 Thread Starter
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yea they had a real bad one few years back. he got a rod in arm so its hurting again now. the driver door was caved in they had to climb out passenger door .
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post #6 of 36 (permalink) Old 16th May 2012, 11:38
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Quote:
Originally Posted by Syx View Post
Does he actually have whiplash?
+1
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post #7 of 36 (permalink) Old 16th May 2012, 11:41
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Quote:
Originally Posted by cv65user View Post
yea they had a real bad one few years back. he got a rod in arm so its hurting again now. the driver door was caved in they had to climb out passenger door .
Was your friend a passenger in his own car, if not he can't claim against himself.
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post #8 of 36 (permalink) Old 16th May 2012, 11:44
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I can't determine if it was a single occupant in your friend's car or not from your statement, but the short of it is that if your friend was at fault then that individual cannot claim for personal injury, however other occupants can (and it will come from your friend's insurance) as it was not their fault.

However as it appears only your friend was hurt (and you can't get whiplash in your arm, btw) then there's no claim to be made.
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post #9 of 36 (permalink) Old 16th May 2012, 12:53
 
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Can't decide if this is an amusing thread, or a depressing example of our litigation culture.

Decided, it's amusing that someone in essense wants to sue themselves!
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post #10 of 36 (permalink) Old 16th May 2012, 12:55
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post #4 is the answer
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post #11 of 36 (permalink) Old 16th May 2012, 12:56
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Quote:
Originally Posted by shaunwistow View Post
post #4 is the answer
No mate, post #8

If we're promoting ourselves, that is
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post #12 of 36 (permalink) Old 16th May 2012, 13:36
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So he was hit in the side by a car coming from the right on a roundabout?

If so then he was at fault no? Give way to the right and all that
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post #13 of 36 (permalink) Old 16th May 2012, 13:41
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Quote:
Originally Posted by Syx View Post
No mate, post #8

If we're promoting ourselves, that is
Don't think there was a passenger, I read it as driver only. This driver being at fault & therefore no PI claim.
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post #14 of 36 (permalink) Old 16th May 2012, 16:18 Thread Starter
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for the record. he was driver in own vehicle . he has whiplash as well as pain in arm.

there was aanother third party present (at scene of accident) but without them as witness no way claim is going to be supported.

what was confusing was insurer said that judging by the area of damage (b pillar) that it may have leeway that the driver did not misjudge the traffic coming from the right hand side and that the driver was on the round about . if damage was near a pillar/ front wheel arch then this would have suggested driver had mis judged the speed peple where coming on from the right of way on the right hand side of the roundabout.
Also the fact another car was on round a bout indicated that not just one person thought it was safe to pull out.

anyway not my issue and cars fixed now. thanks.

Last edited by cv65user; 16th May 2012 at 16:23.
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post #15 of 36 (permalink) Old 16th May 2012, 16:27
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Thanks for clearing that up, as I said in post #4 as your friend has been considered at fault, then he can't claim for his injuries.
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post #16 of 36 (permalink) Old 16th May 2012, 16:30
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Quote:
Originally Posted by shaunwistow View Post
Thanks for clearing that up, as I said in post #4 as your friend has been considered at fault, then he can't claim for his injuries.
+1, I was confused by a couple of uses of the word "they".

Damage to B pillar doesn't necessarily mean he didn't misjudge - just means he likes to pull away quicker!
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post #17 of 36 (permalink) Old 16th May 2012, 16:36
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Originally Posted by gjackson View Post
Can't decide if this is an amusing thread, or a depressing example of our litigation culture.

Decided, it's amusing that someone in essense wants to sue themselves!
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post #18 of 36 (permalink) Old 20th May 2012, 00:27
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Quote:
Originally Posted by cv65user View Post
basically in short 2 cars on rounda bout . car already on roundabout coming from right hand side went into first car.

at first, was disputed for obvious reasons because two cars on roundabout yet a third party went into them.

insurance took car away , fixed having paid excess , own solicitors sent whiplash claim form , but own insurers have said they have classified it as own fault claim but wont affect NCB as protected.

so any point filling in the whip lash claim ?
Depends if you get a solicitor willing to take the claim on against the other person. Just because the insurer's class the claim a fault accident doesn't stop someone else saying otherwise.
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post #19 of 36 (permalink) Old 23rd May 2012, 10:42
 
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Interesting read.

This is an emotive subject that impacts us all and it's good to see the attitude of members, along with the clear understanding that most of you who commented have.


Quote:
Originally Posted by Syx View Post
Does he actually have whiplash?
Whiplash is usually caused as a result of the rocking motion of your neck following a severe impact to the front/rear of a vehicle. With the impact being side on it's unlikely.


Quote:
Originally Posted by shaunwistow View Post
The driver at fault can not claim for his/her injuries.
Quote:
Originally Posted by Syx View Post
I can't determine if it was a single occupant in your friend's car or not from your statement, but the short of it is that if your friend was at fault then that individual cannot claim for personal injury, however other occupants can (and it will come from your friend's insurance) as it was not their fault.

However as it appears only your friend was hurt (and you can't get whiplash in your arm, btw) then there's no claim to be made.
100% correct.

The driver at fault is unable to claim compensation (under the third party section of his own policy) for injury as a result of the accident that he is deemed to have caused.

When you purchase an Insurance contract you are classed as the first party, your Insurer is the second party (to the contract) and you’re buying indemnity against claims for damage from third (other) parties for damaged caused by the Insured vehicle.


Quote:
Originally Posted by C.B View Post
So he was hit in the side by a car coming from the right on a roundabout?

If so then he was at fault no? Give way to the right and all that
Again, as per the highway code this is correct.

Which is why his Insurer will have assessed the incident, regrettably having to make the judgement that their policyholder was at fault and to indemnify damage to other parties as a result.


Quote:
Originally Posted by gjackson View Post
Can't decide if this is an amusing thread, or a depressing example of our litigation culture.

Decided, it's amusing that someone in essence wants to sue themselves!
You highlight a good point and it is a bit depressing that we have this kind of culture these days, as it certainly doesn’t make the world a better place for anyone.

Weakest necks in Europe? Britain's 'whiplash epidemic' - Channel 4 News

I don’t subscribe to Brits having the “weakest necks in Europe”, which was the description used recently in the media.

The Insurance industry is here to compensate genuinely injured parties, but over recent years soft tissue injuries are at epidemic levels.

In addition to covering the cost of assessment by a specialist, medical treatment and physiotherapy treatment, most Insurers will reserve compensation for soft tissue injuries at around 6500. With our own recent experiences in mind, this is likely to break down along the following lines:

1900 compensation to the injured party
4000 solicitors fees
600 solicitors indemnity policy (insurance to cover their fees)

Ironically, we’re actually having fewer accidents than we did historically and the frequency of accidents against the number of vehicles covered has dropped. Which indicates that advances in vehicle technology in terms of handling, braking and safety systems have improved, are paying off and have made motoring safer (either that or we’re all better drivers, which I’m guessing that most of us would argue to be the reason).

Cars are also safer than they have ever been from an occupants’ perspective, with improved features such as enhanced crumple zones and multiple air bags. But despite these advances, the proportion of people injured as a percentage of overall claims received over recent years is at the highest level it’s ever been.

Interestingly there is also quite a disparity across the country, with some areas of the country running in excess of 40 of every 100 road traffic accidents (40%) having an injury attached compared to other areas having only 6 from every 100. With the knock on effect of this resulting in quite a difference in both the cost and availability of cover geographically.

Insurer calculation of both availability of products and the terms applied (premiums, excesses and endorsements) will be influenced by their continually tracking trends and costs identified within their historic data from claims received. They also work in conjunction with bodies such as the Insurance Fraud Bureau and their actuaries (top pricing analysts) will also consider publically available such as crime statistics.

Parts of the country are suffering as a result of the level of claims received from motorists within their immediate geographic area, which does seem as though they are being victimised. I can totally sympathise with residents within areas where a high proportion of injury claims (as a percentage of accidents received) are consistently being received.

I can confirm that our experience of Insurer rating is that they are not emotive when it comes to premium calculation and will be accurately reflecting their historic experience to guide scheme availability or calculate a premium based upon their perceived exposure within the terms they provide. Meaning their premiums charged will largely be a reflection of the cost of claims received to date.

The government has recognised the problem and through the banning of referral fees, along with their plans to assess injury through a panel (rather than the GP if the injured party) will clearly help.

Apologies for the lengthy post, I hope it was of interest to those of you who are still awake

Kind regards

Tony

Last edited by [email protected]; 23rd May 2012 at 10:45.
post #20 of 36 (permalink) Old 23rd May 2012, 12:33
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Very interesting

Quote:
Originally Posted by [email protected] View Post

1900 compensation to the injured party
4000 solicitors fees
600 solicitors indemnity policy (insurance to cover their fees)
I hope all those reading this who make false claims now realise that all they are doing is lining solicitors pockets.
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