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False claim against me

(19 Posts)
lookingtobeachildminder Sun 19-Mar-17 02:02:58

Im new to the forum.
I had my 2 disabled kids in the car and drove around a single track blind bend on a country lane. I know the lane well. I know dog walkers often allow their dogs to run out the field onto the road so I lower my speed even more (tbh I wouldn't drive nay faster.faster . to a country lane and blind bend).
I was doing 15mph around the bend. A so say stationary postie evidently saw me coming (impossible, u cant see around the corner hence its a blind bend both ways!) So he was 'stationary ' saying I hit him.
His van bounced 10+feet backwards (me doing 15mph max and he was stationary???
I have very little damage he has a fair bit. He was in total shock there and my adrenaline took over. I looked after him and my kids in shock. Turns out I had gotten hurt! Flipping whiplash. Ive been gradually hurting more and more over the afternoon evening.
I can't sleep its hurting atm.I have no intentions atm of suing him that isn't what im posting about.
I have this horrible feeling not only is he going to lie about being stationary to cover his own back hes going to fake an injury. If he's hurt fair enough but id be very sure he'd fake it.
I've taken medical advice (genuinely again no plans to take it any further).
Does anyone know where I stand. Only witness to the accident is jy kids aged 13 and 6. My 13 year old has autism.
Am I totally screwed over now??
If he does try and Sue me is it my insurers or me hell literally bankrupt. Im panicking massivley right now!

user1477249785 Sun 19-Mar-17 02:10:32

Looking have you reported the accident to your insurers? I'd say that that's the first step.

lookingtobeachildminder Sun 19-Mar-17 02:16:12

I have yes. I now have no car until monday which is a headache. Im having to miss a hospital appointment.
Im just worried the other driver is going to lie further.
As much as I'm hurting the worry is worse tonight

MadamePomfrey Sun 19-Mar-17 02:23:59

When you say lie further how has he lied so far sorry if i missed it

ilovewinterpansies Sun 19-Mar-17 02:24:58

This would be covered by your insurers (his claim), if you were found to be at fault.

lookingtobeachildminder Sun 19-Mar-17 02:34:20

He said he was stationary when the crash hapoened. There's no way he was.

Glad its the insurers that cover it! Although I'm not theilled at them handing him anything if he does when I genuinely have pain and have no intention of becauee I feel it's wrong

peukpokicuzo Sun 19-Mar-17 04:55:55

Let the insurers deal with it. They will have investigators who can calculate the approximate relative speeds of the vehicles from examining the damage.

If his van bounced 10ft backwards then unless his van weighed half of what your car weighs then he was definitely going much slower than you even if he wasn't stationary, so couldn't have been going at more than 2 or 3 mph even if not totally stopped. Simple conservation of momentum.

But there are professionals to sort out the details. Accidents happen and this us why we are all insured. Don't stress about it. Get the treatment you need for your injury and get on with your life. Focusing on blame and negativity benefits no one. Learning from the experience and moving on is healthy.

AddToBasket Sun 19-Mar-17 05:17:41

Your insurers will handle this. You need to calm down.

You will probably have to pay your excess, otherwise you will be covered.

I can't really understand the facts from what you describe but I sometimes do these investigations. Generally, the person best placed to say whether or not he was stationary is the driver. It's a blind bend and you went into him?

insancerre Sun 19-Mar-17 06:19:12

So you drove in to the back of someone but it's his fault?
You have whiplash, but he is making a false claim if he has whiplash too?
Good luck with that

LIZS Sun 19-Mar-17 06:30:40

If his van went backwards and you hit it front on it could well have been stationary. Tbh I think you should have slowed down even further if the bend was that blind you couldn't see. Unless you had priority I think you may have a issue claiming it was his fault but if you may need to claim pi you should start with your insurer. Hope you feel better soon.

CadleCrap Sun 19-Mar-17 07:00:25

Why was he stationary on a blind bend? If my memory serves, you are not meant park near corners, so he must take some of the responsibility.

insancerre Sun 19-Mar-17 07:19:03

You don't have to miss your hospital appointment, can you not get a taxi or a bus?

lookingtobeachildminder Sun 19-Mar-17 08:12:35

Evidently he saw me around the blind bend. There's no way he saw me around the blind bend. Its just that blind.
I drove into the front of him. The angle the van was at says he wasn't stationary. Hes saying the van didn't move get there was at least 10ft between my car and his van after the incident.
My car is a 7 seater, he was in a royal mail van (standard postman pat type)
Im actually ok abt the accident. Im just annoyed lies r being told. This man was traumatised by what hado happened. I couldn't even think if I was hurt I was having to make sure he was coping ok. My autistic teen who panics over split milk handled it better than he did!

You can't go slower than 15mph easily because it's up a hill around the corner.
Also it was a right hand bend yet he hit the drivers side when he was close to my side of the road.
Surley if he was on his side of the road (being pedantic here as it's a single track road, but I was my side) he would have hit the passenger side as the passenger side was exposed more to the road (thank god he didn't with my 13 year old being in that seat).
It simply doesn't add up how he is saying it happened

prh47bridge Sun 19-Mar-17 08:38:11

I don't understand why you think he would hit your passenger side if he was on his own side of the road. That is simply wrong. If you were both on your own side of the road any collision will be driver side to driver side unless your car is left hand drive.

I also struggle with the idea that you can't go slower than 15mph because it is up a hill around a corner. You can. It simply involves not putting your foot down so hard on the accelerator.

If he bounced back 10 feet or more and you didn't bounce back at all he was either stationary or moving very slowly. As a previous poster said, that is simple conservation of momentum. I'm not sure how the angle the van was at says he was not stationary. However, the experts in your insurance company will look at the evidence. If he was moving it will be apparent from the evidence.

SchnitzelVonCrumb Sun 19-Mar-17 08:50:29

None of it matters.

Tell your truth to the insurance people and they will sort it out.

JaniceBattersby Sun 19-Mar-17 12:31:34

It really doesn't matter. Just tell your insurers. You'll likely have to pay the excess. This is what insurance is for. Everyone has accidents. It's just one of those things. And if you do have whiplash then go to the doctor and get assessed. If you lose out in terms of wages or out of pocket expenses then you will (eventually) be covered for those losses by the insurance. Genuinely having whiplash is not a scam.

NaiceBiscuits Sun 19-Mar-17 12:53:23

You were going uphill, so you have priority anyway. Just let the insurers argue it out

CaroleService Sun 19-Mar-17 13:23:33

It sounds as if there was no reason for him to be stationary at that point - no house to deliver to. Also, bloody stupid to park on a blind bend.

Megatherium Sun 19-Mar-17 22:53:49

It isn't wrong to claim for damages for injuries caused by someone else's negligence. If you really think the other driver was at fault in some way, don't hesitate to claim for your whiplash. However, it does rather sound as if he wasn't.

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