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Legal matters

Son's car claim settled (April 2015) now a personal injury claim has arrived

15 replies

StillMedusa · 04/11/2015 18:14

DS1 had an accident in Aug 2013. The claimant tried to claim for everything going... :/

Eventually settled by Admiral (who were our insurers then) this April. All done and dusted.

Til today... a fat personal injury claims form has dropped through the door!! ALong with a load of medical reports which conclude that she had a little bruising and stress (and she claims she lost consciousness..she didn't... my DD1.. a doctor... was there.. and she didn't even go to her own docs for 6 days!)

I rang Admiral tonight and they said it had been settled..their job is done. But we have NO idea what to do now.. he has a different car insurance now, the claim was settled and we don't know what to do :(

Do we have to fight this? She's trying to claim 5k for 'injury'!!! DS1 is only a support worker and really hasn't the funds for a private lawyer..and as Admiral settled the claim we moved from them to a better deal last month,

Any advice appreciated!!!! Can she even DO this?

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Beebar · 04/11/2015 18:23

Following. I've had a similar, false claim made. It's caused an enormous amount of unnecessary stress.

The compensation culture is ridiculous and wholly unregulated. Don't expect to get good advice off a lawyer on here, they're all snakes in the grass.

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TheCraicDealer · 04/11/2015 18:26

Sorry, was the first Claimant the same as the individual who's intimated the injury claim? Was the earlier claim for damage to the car?

Just send it in to Admiral, they were on cover at the time. They'll have to reopen their file or lodge it as a new claim. You've got three years after an event to make a personal injury claim so this won't be the first time they've had to do this. They can't fob you off if they accepted liability for the vehicle damage, it's the same incident!

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AbiBranning · 04/11/2015 18:27

Does he have legal cover with his current insurer, you could try them for advice?

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VelvetSpoon · 04/11/2015 18:32

Send it to his original insurers, Admiral. As,said above they are obliged to deal with any claims arising out of the accident. The only exception would be if they'd already settled an injury claim arising from this accident for this claimant. Or, if the claimant had already issued court proceedings in respect of vehicle damage / hire/ uninsured loss which had been settled in full previously, she would be estopped from bringing a further claim. However in either case this is for Admiral to argue. Send the paperwork to them asap.

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StillMedusa · 04/11/2015 18:35

Thank you TheCraicdealer... that is what I thought... they were handled it so will have to re open it . They won't talk to me so I'll get DS1 to call them when he is home (he works long shifts)

He will be gutted. He only lost the car claim as they hired a claims 4 you style rottweiler ..didn't go thro their own insurance at all. So many lies. We were in the car behind at the time.. it was 50:50 but they are far more aggressive claiming.

At the time it was so ridiculous it was almost funny... she claimed she 'couldn't feel her legs' while walking away from her car..... but DS1 doesn't deserve this stress and neither do we.

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RoastitBubblyJocks · 04/11/2015 19:11

Doesn't matter if Admiral have closed their file, it's still their claim to deal with. Send it straight to them, don't worry about it.

Easier said than done I know, but it's really not you or your son's problem to deal with.

Limitation is approaching which is probably why they've suddenly sprung back into life for the injury claim.

Admiral will get solicitors involved on your son's behalf (at their expense, so don't worry) to defend the injury claim.

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Blushingm · 09/11/2015 16:49

Send it to admiral as he was covered by them at the time of the incident - they will deal with it (17 years experience in a motor claims dept)

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Mrsmorton · 09/11/2015 16:55

There are some incredibly helpful lawyers on here Beebar such generalisation [head tilt] would you like a creme egg?

OP, I had this and sent it recorded to my insurers (the ones I had at the time). Never heard another word. Similar made up shit in the letter, sadly for £5k, it's cheaper to settle it than for your insurers to fight it which is why people still lie about this stuff.

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NewLife4Me · 09/11/2015 17:01

I think you can only step aside and let your son fight it if he wants to.
He has to do this himself, surely.

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Collaborate · 09/11/2015 17:37

Hugely unwarranted and offensive post beebar.

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StillMedusa · 09/11/2015 17:42

Thank you for your advice!
DS1 spoke to Admiral briefly..than packed up the claim and sent it to them by recorded delivery. Hopefully they will send the woman packing (or pay up..I don't care, I just want the stress removed from DS1) He was very unlucky to have his only ever accident (so far) to be with someone totally unscrupulous and who has used cash for crash people all the way through.

He does sort his own stuff, but as he works very long shifts that sometimes run together for several days I figured it was easier if I could find out what to do :)

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RB68 · 09/11/2015 18:20

I wouldn't even have done this I would have sent it back to her and told her to deal with insurers. She shouldn't be sending it to you anyway.

If DS wants he can send a report in himself to counter what she is claiming but honestly its probably not worth it

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Kbear · 09/11/2015 18:27

you know what's happened .... as this happened to DH .... someone has rung the claimant and said "poor you, you had an accident, were you hurt, even a fingernail.... well we can help you get a claim in for thousands..." and people lie and make stuff up.

We spent all day at court at the insurance company's request as they knew she was lying as she didn't go to the doctors for 6 months after the accident (cos the ambulance chasers told her to....) and the judge found in favour of DH's insurance company and the ambulance chasers got the costs!

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gBean · 09/11/2015 20:43

Bang on KBear (and hello, old poster/new name, our DDs were pen-pals for a while!)

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Kbear · 09/11/2015 20:46

blimey gBean - how the devil are ya?

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