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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to find this arsehole and give him the injury he claims to have?

82 replies

breakingup · 15/08/2013 11:50

I am actually fuming and it is possibly clouding my judgement.

Last year I drove into the back of someones van, I was 8 month's pregnant and bruised the insides of my bump when I hit the steering wheel, I was in so much pain that an ambulance came and took me to hospital..ironically I was on my way to a hospital appointment for pain injections due to spd.

His van had a small amount of damage, he was stationary and i was going about 5 miles ph so it wasn't a horrific accident I just didn't stop in time.

I was so upset that I kept apologising and even rang the man afterwards, his only concern was me and my 3 year old he kept saying it was just an accident don't worry he was communicating with dh over the repairs, we couldn't afford to not go through insurance so it did, all went through everything sorted claim closed and he even rang to say all ok and hope all went ok with the birth of our new dd.

Fast forward 8 months..I get a call from an old insurance company saying someone had loged a claim that I had gone into them, I could prove it didn't happen as I was in hospital at the time with hyperreimis (horrible pregnancy) and further details showed actually it is the above man trying to make another claim for the accident on a different date, I got them to communicate with my current insurance company (like getting blood out of a stone) and today I finally accomplished getting the file closed..

However my current insurer has told me the above man has logged a personal injury claim against me..for whiplash.

Now if he had whiplash I am the queen of fucking sheeba, he is out to get quick cash! Hes made a fraudulent claim and now this bollox,

Aibu to track him down and give him something to claim about?

My premium is going to be horrific as it is, how can someone be so fucking cruel!!!

OP posts:
lougle · 15/08/2013 13:09

How can a crash at 5mph give you bruising to the inside of your bump, so severe that an ambulance took you to hospital, yet you can be so sure that this man could not have suffered whiplash from the same crash?

mistlethrush · 15/08/2013 13:10

If he got whiplash he would have gone to the Dr within the first week... and they would have it on his medical records.

FWIW, I have got whiplash, when someone bumped into the back of our stationary car at a low speed - so he could have done - but if he hasn't suggested that he has got it until now, and has already tried to claim fraudulently once from you, I would suggest that the insurance company treat it with deep suspicion.

Several years ago, we got crashed into when just starting off from red lights. A car came up the left hand lane and crashed into our front wing, pushing us along a road we weren't intending to turn down - we were following the main road which swang slightly to the right. That took about 11 months to sort out - and I saw their insurance claim at one stage, which included damage to their rear bumper - quite how that occurred when it was their right front corner that went into our car I don't know. Our insurance initially was going to go for 50%/50% but I wasn't happy with that and eventually managed to persuade them that it was the other party's fault. I got whiplash from that one too - probably because I tensed up as I saw it heading in my direction.

mistlethrush · 15/08/2013 13:11

Dreaming - both times I've had it I could tell immediately that something was wrong in my neck.

VelvetSpoon · 15/08/2013 13:12

Whiplash can be caused at very low speeds. There will be little visible damage to cars because of the way they are designed nowadays, but there will still be jolting forces caused to the occupants.

Whiplash can come on fairly quickly after an accident, or up to several days later.

As has been said, it is the accident that affects your premium (for which you have admitted fault). The fact an injury claim is being made is unlikely to cause a further increase.

VelvetSpoon · 15/08/2013 13:16

Also, you get 3 years from the date of accident to submit a claim, some people only decide to make one because after 6/12 months or however long they are still suffering discomfort.

Also people often self medicate for a period post accident only attending their GP if symptoms don't spontaneously resolve, so there is no rule you have to attend a GP within a certain timeframe for your claim to be genuine.

Pigsmummy · 15/08/2013 13:19

If you have a current policy your premiums won't go up until renewal. Then you can shop around for the best deal, after a claim it can sometimes be cheaper to switch policies. Your premiums aren't going to triple overnight or anything and your insurance company will have underwritten themselves to prepare for all the whiplash claims.

Contacting the man won't make difference will it? Calm down

FoxyRoxy · 15/08/2013 13:25

I went to the dr about back pain who referred me for physio and the physio was the one who said it was caused by an accident that had occurred about 12 months earlier and in which I was in a stationary vehicle in traffic and someone went into the back at a relatively low speed. So it can and does happen.

cumfy · 15/08/2013 13:31

YABU

The accident was your fault, and you're only receiving these latest "facts" second or third hand.

MrsHoarder · 15/08/2013 13:39

YABU

The crash was fast enough to cause you pain, so it clearly could be fast enough to cause someone else pain. And of course he was ncie at the time, he was talking to a pregnant woman who was in enough pain to need an ambulance!

Is it possible that on the first claim he just wrote the date down wrong on a form? Doing that doesn't mean any future claim he makes isn't valid.

flyingwidow · 15/08/2013 15:24

... Did someone up thread actually say "don't drive into the back of people" Shock! Words fail me. 'Accidents' are usually just that something you didn't mean to do! OP I'd be fuming. This guy is having you on, to come back- months later- on a second claim! Outrageous and this is why the insurance costs are so high in this country. No win No fee people are vultures.

Original poster
breakingup · 15/08/2013 21:22

Just to reply to a few responses..

don't drive into the back of people

Trust me i did not intentionally drive into the back of someone 8 months pregnant with my 3 year old in thr car.

me being injured

I am very short and with my bump being so huge I was very close to the wheel, when I bumped him I flew backwards and then forwards again my bump took the brunt of it, I had direct impact and was already very sensitive due to other issues.

the mans whiplash

My husband spoke to the man several times after as we were hoping to pay for his repairs, each time my husband asked if he was ok as we wanted to make sure and each time he said yes I am ok no problem here I just hope your wife is ok.

the additional claim

The accident happened in December 2012, the claim was settled in February 2013.

A few weeks ago he logged a new claim with a different insurance company and told them it happened in june 2012.

The insurance company checked facts and closed the 'new claim'

Then 2 days ago presumably after being told the claim had been dismissed as it had already been dealt with a personal injury claim has been logged with my insurer

OP posts:
Original poster
breakingup · 15/08/2013 21:24

Posted to soon,

It stinks of trying to make money and a quick buck out of something that was an accident it is immoral and pretty disgusting.

My insurance is going to go up significantly as I lost all my no claims bonus, but that's my own fault for the accident I get that and I will suck it up.

What I am unhappy about is the fact I now have an injury accident claim which makes things more expensive

OP posts:
maddening · 15/08/2013 21:34

I thought they now didn't consider whiplash claims in cases under 15mph?

maddening · 15/08/2013 21:35

have you asked about what to do if you feel the claim is fraudulent?

Turniptwirl · 15/08/2013 21:39

Yanbu

I get that injuries aren't always immediately obvious but a year later?!? Sounds like a claims company has promised him thousands for claiming.

Let your insurers deal with it though as I'm sure you can do without the stress!

claremp7 · 15/08/2013 21:40

I went into the back of someone a few years ago. A verylow speed crash.
I was mortified and crying but looked over both cars and not a scratch. Not even a cracked number plate.
The man I hit said don't worry and was about to get in his car as he was happy no damage done when a lady comes from a few cars back. She said three times to the man "you've hurt your neck" tge first two he said he hadn't but the last time he said "yes I have"!
He then proceeded to tell me his wife works for an insurance company (think nodding dog) and they were just taking the car to be mot hence why she was following behind.
We exchanged details then and as soon as I got home I contacted my insurance company and they were more than ready to fight it.
A while later I had to go to court! As my insurance company still wanted to fight it. The judge found in my favour, gave him a dressing down and ordered him to pay me damages for loss of earnings for attending court and travel costs.
Moral of the story is don't fib!

Original poster
breakingup · 15/08/2013 21:44

I had a huge phone call with my insurance company today they have basically said that they cannot prove he didn't have whiplash as he will go to their independent dr and tell him all the symptoms which he has probably googled and the dr will say ok there you go..

He said because there was some damage to the van they cannot prove he was ok. I point out I pay them a premium and they should fight my corner to which he replied he agrees with me but ultimately they will just pay him off as court fees would be to much

OP posts:
Fluffycloudland77 · 15/08/2013 21:47

I was hit at low speed while I was stationary. 3 years of pain before I got physio because the gp basically thought I was on the make.

I couldn't even peel potatoes or push a shopping trolley.

Original poster
breakingup · 15/08/2013 21:54

I don't doubt that whiplash can happen at slow speeds.

What I am saying is we had conversations with this man several times after the incident and he did not mention anything even when asked. Surely when speaking with his insurance company when logging the details he would tell them he had whiplash as the claim was logged several weeks after the accident

OP posts:
fuckwittery · 15/08/2013 21:58

This reply has been deleted

Message withdrawn at poster's request.

YouAreMyRain · 15/08/2013 21:59

I have had whiplash twice. Both at fairly low speed. Both times the pain came on within an hr but reached its peak a couple of days later.

I now have a very weak neck, lots of neck pain and frequent migraines. The second time was much worse because it was on top of previous injuries. I had a constant migraine for 5 days after the collision, couldn't function at all.

You don't know the medical history of the person you have crashed into, a gentle nudge can have horrible consequences for people with existing conditions.

FreeWee · 15/08/2013 22:02

The OP has identified this man has form for lying about the accident she couldn't have been in so has every right to be suspicious about this new claims. Vultures like this make my blood boil.

maristella · 15/08/2013 22:11

I got whiplash from a low speed accident too. It hurt like fuck Angry
I didn't make a claim for almost a year. But when I did it was because I had spent almost a year being totally compromised as a parent. I could barely lift anything, or drive, even cuddles hurt. That's shit for the child of a single parent. So yes, I sued. And if someone hurt me like that again, and impacted on our family life like that again, I'd sue again. Why should someone's carelessness make a struggling family struggle so much more?

bunchamunchycrunchycarrots · 15/08/2013 22:16

OP there are a few things you can ask your insurer to check if you feel strongly enough about this claim. 1st if all, ask them if they have checked with their fraud dept whether the solicitor who have submitted this claim have 'form' for submitting late injury claims where they don't have actual instructions to pursue a claim. If they have checked this, and there is no suggestion the sols are known for trying to get money for a claim they haven't been instructed in, then ask them if they have requested a copy of the signed CNF (that the claimant should have signed) and also how many of the details that they have input on the CNF are accurate i.e. time of acc, date, location, circumstances, your details, his details - are they accurate and match what you reported at the time of the incident? There are a lot of firms out there who somehow get hold of details on which to base a claim, submit it without any instructions but still get a fee because of the system in place to churn through these claims quickly - too quickly to stop these payments being made.

If the claim has been properly submitted, and the details all line up, then the injury claim wont have more effect on your renewal than the damage already dealt with. It's still one incident even if it is a questionable injury claim that's been submitted.

If you want to ask anything more specific, PM me and ill try and explain more if needed.

CuttedUpPear · 15/08/2013 22:27

Dear breakingup
I too am the Queen of Sheba. A small bump at under 5mph which I caused resulted in the car in front's bumper getting a crack in it. The other driver (a strapping young plasterer) claimed for whiplash injuries which apparently prevented him from hoovering, caused anxiety about driving and going on holiday for several months. This was definitely true because he had been to a special doctor sixty miles from his home who handed him the whiplash claim form checklist confirmed it.

Now I am facing a giant insurance premium hike.