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AIBU?

to claim or not to claim?

45 replies

LoopyLoopsWoopDeWoops · 21/12/2011 12:43

Accident yesterday. Kids fine, I have whiplash and very tender back. (Nothing worse, A&E did X-rays)

It hadn't even occurred to me re: claiming, but my mother is insisting I speak to the insurance company about it.

DH says not to on principle. (Perpetuating the blame culture).

What to do?

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Cybbo · 21/12/2011 12:44

What would you be claiming for? Damage to car or damage to you? And was it a 50/50 thing? or someone went into you

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LoopyLoopsWoopDeWoops · 21/12/2011 12:45

Car for sure. For me. I don't really understand why my injury would be worth money - it's not nice and inconvenient, but won't stop me working.

Someone went into me, head on.

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AFuckingFestiveKnackeredWoman · 21/12/2011 12:46

I am a firm believer in an accident is a accident.
Some things in life just happen.

If someone ploghed in to me drunk or due to dangerous driving the that might be different

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scuzy · 21/12/2011 12:46

if you wish to claim to cover out of pocket expenses fair enough but to just get money that even though you may be legally entitled to but is not needed i wouldnt.

only you can decide. but i believe in karma.

just glad your ok.

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LoopyLoopsWoopDeWoops · 21/12/2011 12:46

Car dealt with re-insurance. Fairly sure it will be written off.

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AFuckingFestiveKnackeredWoman · 21/12/2011 12:46

ploghed =ploughed.

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DoesntChristmasDragOn · 21/12/2011 12:48

I think you should claim because you may need to pay for physio. At least have it mentioned in the claim.

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dixiechick1975 · 21/12/2011 12:48

See how you get on. If you are all better in a few days then nothing to claim for.

You realise if you tell your insurance company they will sell your claim for approx £500 and you will have no control over who deals with it - will be a non qualified paralegal miles from you.

If you do have a proper injury consult a qualified solicitor (APIL - association of personal injury lawyers has a website with qualified local solicitors on)

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LoopyLoopsWoopDeWoops · 21/12/2011 12:50

dixie I don't understand. Could you explain that? Surely the insurance company will need to know anyway, regardless of if I pursue?

As for fault, it was slippy and she struggled to stop, but she was going too fast in a very tight lane round a blind corner, so preventable for sure.

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littleducks · 21/12/2011 12:51

I would wait and see. I agree with the principle of not perpetuating the blame culture but at this point you do not know how everything will pan out. Hopefully this is the worst you will feel and in a few weeks you will have forgotten all about it but whiplash can cause lots of pain and problems later on, and you may want physio etc.

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worldgonecrazy · 21/12/2011 12:54

Because you have been in an accident, your car insurance next year will go up, regardless that you were not at fault. So there will be a financial penalty upon you. Don't build your hopes up to a huge amount though, £500 is the usual first offer, and if you want more you have to pursue it more vigorously. It's not about perpetuating the 'blame culture', it's about making sure you're not out of pocket next year when your renewal premium is eye-watering.

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ISayHolmes · 21/12/2011 12:54

What littleducks said. You can't know for sure that the injury will be a short-term thing. Hopefully it will, but you may need treatment for issues arising from it.

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LoopyLoopsWoopDeWoops · 21/12/2011 13:00

Thanks all. :) I'll wait and see how I feel in a while, I hadn't thought about possible physio costs, or insurance premiums.

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dixiechick1975 · 21/12/2011 13:03

What alot of people don't realise is your own insurance company will have an arrangement in place to sell claims on to a third party (claims company or firm of solicitors).

When insurance companies complain about how much claims are costing them they don't disclose the income from this 'sideline'.

You can notify your insurer of your injury but you will be contacted by phone or letter re making a claim for personal injury. Don't be pressured by them into making a claim or going with them rather than someone of your choice if you do have an injury and decide to look into pursuing a claim.

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DoesNotGiveAFig · 21/12/2011 13:05

I'd claim for the injury.

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dixiechick1975 · 21/12/2011 13:07

You may also be contacted by insurers of the person at fault or a firm on their behalf offering £x in full and final settlement of your claim.

Again be very careful before accepting any sum.

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Serenitysutton · 21/12/2011 13:14

I'd claim. Make sure you see a GP and do the physio- Don't forget your back and can take years and years of abuse before it gives in- how would you feel if you had severe back problems in 20 years tiem which could've been prevented by physio now?

As mentioned above this is a source of income for insurance companies and there is no doubt they would lobby to end the practise if it were costing them a lot (which of course, is their excuse for "passing it on") but whilst its your legal right I would do so.

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fergoose · 21/12/2011 13:17

I would claim - I had a similar accident 20 years ago and my neck and back still cause me major problems now. If I had physio all those years ago I might not be suffering now. I didn't claim back then as I didn't know that I could which seems daft now, but there weren't all the adverts about it that there are now.

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LoopyLoopsWoopDeWoops · 21/12/2011 13:22

Oh dear lord I don't have time for physio!

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DENMAN03 · 21/12/2011 13:31

You are entitled to claim, however, it is time consuming and if you only have a minor whiplash then probably not worth the hassle. See how you feel in a few days. From the accident circumstances, this will probably be dealt with as a 50/50. Equally you should have been able to stop when you saw the other vehicle. I assume it was a single track lane?

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Serenitysutton · 21/12/2011 13:39

BTW its pretty staight forward if the other party admits responsibility, and you should get a sizeable amount (more than £500) if there is a dispute over liability I'd imagine its hassle

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ImperialBlether · 21/12/2011 13:45

You're just being silly, OP. Your injuries may need treatment - mine certainly did in a lesser accident. Should the NHS pay for that or should the insurance of the person who caused the accident?

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LoopyLoopsWoopDeWoops · 21/12/2011 14:41

I did stop!

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LoopyLoopsWoopDeWoops · 21/12/2011 14:42

And yes, it was single track.

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MrsMagnolia · 21/12/2011 14:53

This reply has been deleted

Message withdrawn at poster's request.

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