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AIBU?

Bogus whiplash claimants should be shot

50 replies

Pohtaytoh · 10/08/2015 17:31

Just that really, they are lower than the low scummers.

My DH runs his own business. Someone ran into the back of one of his employee's stationary van, which shunted forward and hit the guy in front of him. Front of car behind damaged, not much damage to rear or front of employee's van (sturdy make), no damage to back of van in front. Van guy got out and yelled abuse, was very threatening and generally an arsehole to employee. Now van in front has made a £10k whiplash claim against us! So now DH, at one of his busy periods, has to go through mounds of paperwork for this bullshit claim. I don't even know how the employee (and therefore DH's business) can be considered at fault. Hopefully it'll all come out in the wash but i'm pissed this guy could get some money from DHs insurance to settle the claim, which will mean our premiums go up.

I'm sure someone will tell me he could have gotten whiplash from the impact, and yet our employee in the middle come away unscathed, but the cynic in me tells me he is a lying chancing bastard.

OP posts:

Report

KateLennard · 10/08/2015 17:41

Yabu. I was in a very minor crash, already had a few back problems, and am now in agony, have been for months, under the long term pain clinic. I asked my consultant if all this pain could really have been caused by that low impact a crash and he said, absolutely.
The other persons insurance is denying my claim because she has told them it couldn't possibly have caused any damage. Frankly this is having a long term, serious and ongoing effect on my life, which no amount of money is going to make up for.

I am literally crying with the pain some days. All from a 'minor crash!'

Andrewofgg · 10/08/2015 17:51

Anyone claiming whiplash should have a short time to do it and be required quickly to see a doctor from the insurers' panel. There are a lot of bogus claims.

NurseySA · 10/08/2015 18:07

The same happened to me, very minor shunt into the back of a car a couple of years ago. Absolutely no damage to either car. They both claimed whiplash which my insurance paid. I swear they must have had an upper spine made of meringue if any damage was done, such a blatant example of greed and dishonesty

Pohtaytoh · 10/08/2015 18:11

katelennard i'm sorry that happened to you, but what happened to you also makes me hate bogus claimants even more. I don't believe they understand how serious whiplash can be and the effects in can have.

I'm cynical with this guy because our employee and the car driver weren't injured (although i'm no medical/accident professional so accept this could happen), his aggressive nature from the offset, the fact he only started a claim 8 weeks after the crash (sorry didn't mean to dripfeed), and the fact the police attending the scene didn't seem very interested.

If he has been injured, which i accept he could be and i'm sure the medical people will get to the bottom of it, then i accept he should claim, but i still feel wronged that he should claim againat us not the car driver as our employee had no opportunity to avoid the collision.

OP posts:

PolterGoose · 10/08/2015 18:12

This reply has been deleted

Message withdrawn at poster's request.

tiggytape · 10/08/2015 18:14

This reply has been deleted

Message withdrawn at poster's request.

OllyBJolly · 10/08/2015 18:15

I wouldn't assume but when I was rear ended at a round about a huge number of people told me to put a whiplash claim in. The car needed £1k of repairs - I was fine.

TidyDancer · 10/08/2015 18:17

I work with someone who made a bogus claim. She was hit from behind and the crash wasn't her fault but she wanted a better car than the one written off so put in the claim. It was difficult listening to her talk about it.

Yanbu op.

ilovesooty · 10/08/2015 18:18

Whether it's a bogus claim or not, your employee was too close to the vehicle in front.

LaurieFairyCake · 10/08/2015 18:19

Your employee did have the opportunity to avoid the collision - by leaving 5/10 feet clear in front of him and by applying the handbrake.

Obviously no one does this

But it is the correct thing to do

honeysucklejasmine · 10/08/2015 18:19

Surely it can't be the responsibility of your employee, but rather the person who hit him?

Although I imagine there is an argument that he should have left enough space etc etc etc. It does feel very unfair though.

I bumped someone at about 2mph (pulling off from stationary) and they claimed £6k against me. Someone went in to back of DH at speed and bent the frame of his car but he was fine. I suppose it indicates that speed of collision does not have an impact on level of injury? Makes you wonder why we have speed limits though.

SoupDragon · 10/08/2015 18:20

Doesn't the claim get made against the driver who rear ended your DH's employee?

honeysucklejasmine · 10/08/2015 18:21

disclaimer

Speed limit comment is a joke.

brokenhearted55a · 10/08/2015 18:26

This reply has been deleted

Message withdrawn at poster's request.

Smarterthantheaveragebeaver · 10/08/2015 18:31

£10k for whiplash? Did the driver's head fall off or something?

SoreArms · 10/08/2015 18:33

Not saying yabu or not, but don't be swayed by the fact he didn't claim til 8 weeks later. That happens a lot, particularly in PI claims where they have up to three years from the incident to submit a claim. The early weeks are often spent gathering the medical evidence - so the third party could have notified HIS insurers immediately but they just didn't contact your DH's until ready to submit their case

GeorgeYeatsAutomaticWriter · 10/08/2015 18:33

I'm cynical with this guy because our employee and the car driver weren't injured (although i'm no medical/accident professional so accept this could happen), his aggressive nature from the offset, the fact he only started a claim 8 weeks after the crash (sorry didn't mean to dripfeed), and the fact the police attending the scene didn't seem very interested.

YABU. My sisters and mother were in a crash a few months ago. My mother and one sister were fine, another sister is suffering terribly from painful whiplash. She's been reluctant to take a case up to now, hoping it would settle down, but it hasn't and she's been paying out for loads of physiotherapy. Starting a claim later doesn't mean that it's in bad faith, on the contrary. And that the police who attended weren't interested - this has no bearing on a claim.

Theycallmemellowjello · 10/08/2015 19:04

YABU - when you said 8 weeks I thought you were saying that was too soon for him to have gathered proper medical evidence! Really, it's pretty prompt for someone injured to get their act together with doctors reports, solicitors and whatnot. And while aggression at the time is horrible, it's also not inconsistent with injury. It's distressing to be sued, but I don't think you've got any grounds to think this person is a "scummer" (not a word I think it's ok to use actually, due to dehumanising connotations). And also, presumably the car behind has also been added as a defendant? I'd have thought they're just adding the stationary vehicle 'just in case' (probably because there is an issue about it being too close to the injured party's car) -- if there is little or no fault on the part of the stationary car then damages will be apportioned accordingly.

SaveMeBarry · 10/08/2015 19:17

OP the solicitor will name all parties who were involved in the accident in any proceedings, it's a "just in case" measure. Your DH insurers will look to the insurer of the car behind for an indemnity and assuming that driver/insurer accepted responsibility it will have no effect on you DH insurance. If he hasn't already notified them he needs to adapt.

SaveMeBarry · 10/08/2015 19:18

Not adapt, asap! Bloody auto correct

EygptianSnow · 10/08/2015 19:22

I'm so paranoid on the road now even with people who stop to let me go, I had a guy stop to let me go then when I went ahead he tried to drive into me.
Some associate I worked with recently got into a minor crash and first thing she said was "im going to claim whiplash" I was thinking I hope she gets figured out for fraud. Pisses me off

londonrach · 10/08/2015 19:23

Yabu re saying it was a minor crash and its bogus. I work for nhs and one my colleagues was crippled in pain due whiplash in a minor less than 10 mph crash as at light. The other driver nrakes too late and went into his car. We cant miss days as we have to cancel clinics and this really effects the patients and our colleagues picking up extra patients. For two days he struggled to work. Not able to move or work properly until he had to take a week off and have alot of physio which cost alot of money. Even now i now its still painful. kate.

EygptianSnow · 10/08/2015 19:25

Just re read op got a lil confused. There was damage so it's likely he was hurt. Someone ran into the back of my friends mums car going around 20-30 and a week later she died of a brain Hemerage
If there was some damage and if it was a real accident then you have to suck it up

Vycount · 10/08/2015 19:33

Bogus whiplash claims... well I don't think people should be shot, but it is a problem. It's a problem for those who have a genuine whiplash claim.
3 years ago I was stationary when hit behind by a car travelling at at least 40mph. My old car was written off, the chassis was damaged, inside door trim had actually popped out, my radio bounced out on to the floor.
As soon as I climbed out of my car I felt a twinge in my neck and upper back, but didn't think much of it. By the time I was collected with my car a couple of hours later I felt pretty stiff. Arrived home in tears with a massive headache starting. That evening I was in A+E having my neck xrayed for damage...
Two years later I was awarded a sum in excess of £10k to recognise my loss of income due to on-going pain (I was on a zero hours contract). Two years after I took ill health retirement after the medics finally identified the fact that I had a congenital neck problem that had been aggravated by the accident.
So... not all whiplash claims are bogus...

ForalltheSaints · 10/08/2015 19:34

Don't shoot them- ban them for life from driving.

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