Whiplash claim - warning - quite long

[teensistearaway]

I bumped into the back of another car on saturday evening. Driver in front of me edged out onto round about and stopped. I was looking at traffic coming around round about and bumped into her. My foot was not on accelarator at all (car is automatic so when in "drive", will go very slowly without pressing the accelarator). I was doing 5mph at the most. We pulled over, inspected damage. No damage to my car at all and only 3 or 4 minimal scratches to the bumper of the other car. I immediately admitted fault.

The man was very understanding and I said that if he got a quote to have the scratches sprayed, I would pay cash (didnt want to lose my no claims and also the excess would cost more than to repair the damage). Neither of us had insurance details on us. I gave him my phone number and he said he may or may not get the damage fixed but would give us a call if he was going to. He already had a good bit of damage to the bumper from a previous accident. I signed a piece of paper to say that i admitted fault and my car reg etc.

The mans wife phoned me last night (it was her car he was driving) to say that she wasnt going to take the p**s but wanted to get the damage fixed. She said that she would get a price today and call me back today or tomorrow.
However, today her insurance have phoned asking for my car reg. I gave it to them then called the lady and basically said that i was happy to pay cash for the damage and why has she involved insurance. She said her DH has been in bed since the "crash" and that he has severe whiplash (when i spoke to her last night - 24 hours after incident - there was no mention of whip lash and she just wanted to get her car sorted ).

I am FUMING! There is no way he could have any injury. There is no damage at all to my car! I had my 4mo DS in the car so had i hit the car with any sort of force, i would have taken him straight to A and E to be checked over.

What can I do?
Any advice much appreciated.
TIA

[tallulah]

Similar happened to my DH. He was involved in a 4 car shunt at really low speed. Each of the cars had just one person in, yet the insurance got claims from the husband and wife of the car in front of him. Their 2 different insurance companies wrote directly to us claiming whiplash. DH rang his own insurers and explained the situation. They told him to just send them everything and they would deal with it.

All you can do is make your insurers aware of what you've said here and leave it to them. Why are some people so greedy ?

[exexpat]

Similar happened to me years and years ago - very low speed crash, bit of bumper damage, no way on earth that the guy was injured. It was DH's company car, so insurance had to be involved, all sorted fairly easily.

Two years later the insurance company tracked me down to say he was claiming for whiplash. I saw the doctor's report, which basically did everything except say 'this guy is taking the piss', ie 'X presents as a healthy young man, seems to have full range of movement, does not appear to be in pain, etc but complains of occasional pain and stiffness' etc. He was clearly making it up having seen an ad for personal injury lawyers.

But apparently it wasn't worth the insurance company's while disputing the claim because he was only claiming about £4k. They paid up. I don't know if they have got any more likely to dispute claims now.

[teensistearaway]

Its just so frustrating! I only got my licence 3 years ago, and im 21 so insurance in through the roof anyway! I'm never going to be able to afford it without my no claims discount! I know the accident was my fault, but i wasnt driving dangerously or anything.
I will phone the insurance company today. Have also recorded an answerphone message she left me on sunday in which she says she wants to discuss getting the damage sorted and doesnt mention whiplash at all.

Fuming isnt the word! Some people are so greedy!

[Thistledew]

You could write to her to offer £xx cash to pay for the damage to the vehicle as full and final settlement of all and any claims arising from the accident on x date. If they wish to pursue any other claim you will pass the matter to your insurers.

Hopefully it might prompt them to accept your offer to deal with the matter quickly and drop the whiplash claim.

[girlynut]

I wouldn't make her an offer of settlement. Your insurance policy will have a general condition stating that you shouldn't admit liability or make any offers, as it might prejudice your insurer's position.

I would leave it to your insurers and explain to them that it was a low speed impact and that, whilst you admit causing the damage to the vehicle, you strongly deny causing any personal injury and wish them to dispute this element of the claim.

They won't just pay out unless there is medical evidence and, although he can retrospectively complain of back pain, your insurer should be asking to see his medical records to establish whether he sought medical attention immediately after the accident.

[teensistearaway]

My DP phoned insurance company this morning and they werent interested in the details really. Just said i would lose my NCB and that I should wait to hear from them. I have just emailed them a statement with pictures of my car to show no damage was done and details of what happened and conversations that we have had with the other party since. Guess its just a waiting game now. Its so unfair!

[sneezecakesmum]

Just offering commiseration really, If the insurance company are involved then its your NCB gone, I'm afraid. Its not fair but young drivers are hammered with premiums because they do make simple driving errors. Older drivers have all done exactly as you did when they started out and learned from their mistakes! Its just one of those things.

The only thing you can do now is to look to reinsure when this policy ends with a company that lets younger drivers build a NCB while attached to their parents policy, I did this with my son and he can now insure on his own and his NCB is protected.

[teensistearaway]

Just spoke with the insurance company and i have told them why i believe it to be a frauduelent claim and they are investigating it. If they dont pay out for the whiplash and only payout for the damage, i can pay them back for the damage and keep my NCB. So fingers crossed.

[sneezecakesmum]

Fingers x for you, they are a very good insurance company, but I think they are starting to crack down on fake claims at last, so good luck.

[teensistearaway]

The insurance company have said that because we have no witnesses to determine how fast we were going at the point of collision, they wouldnt be able to argue the claim! The last resort now is the insurance company are going to request the third party's medical records. If they seeked medical attention within 72 hours of the incident then they have got a claim. If not then I keep my NCB.
My fingers and toes are crossed