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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Rear end shafting

26 replies

sadandgutted · 17/09/2014 19:58

As if my troubles weren't enough (see previous thread) I had a minor accident recently. I went into the back of someone at some lights at slow speed. It's always the rear ender who's at fault, so although I admitted nothing I couldn't dispute it.

No damage to her vehicle, minor stuff to mine. All amicable it seemed. I swopped names and addresses with her to be on the safe side, but she said as no damage to her car she wasn't bothered and wouldn't be going to insurance about it. I reported the incident to my insurance company and had my car repaired at my own expense to protect my NCB.

It would seem she did report it as now she's claiming whiplash. I can't believe that this could have happened as we weren't even doing 10MPH, however the witness says I sped into her. The car behind me drove off as soon as he knew no one was hurt (at the time) and wouldn't give me his name. I need his help and have asked the police if there is any CCTV and am waiting on their reply.

I have said to the insurance company that I want to dispute the claim but they've said as she has a doctor's certificate it's hopeless.

I feel as if I have been completely and utterly shafted. I am going to be paying for this on insurance for years to come, as there is no way I can find the £6,000 that her insurance company are asking for myself.

Anyone had this and managed to appeal and win? If so how did you go about it.

OP posts:
Original poster
sadandgutted · 17/09/2014 19:59

Meant to say existing witness was hers...

OP posts:
Ididntseeitsoitdidnthappen · 17/09/2014 20:02

If the witness didn't make themselves known to both parties and share details you can tell your insurance company as such

I've had 2 read end shunts - one my fault one not

No witnesses to either accident came forwards - quiet road when I was at fault busy one when not. But both drivers miraculously found witnesses when it came to their injury claims

Soon discredited easily enough by my insurers

Ididntseeitsoitdidnthappen · 17/09/2014 20:02

Oh and injury claims are paid by your insurance not you personally and she'll never get £6k for a whiplash claim!

iloveanicecake · 17/09/2014 20:06

You can't know if she was injured. I had a whiplash when struck from behind. We were stationary at red light with several cars ahead of me, when she lost focus, started off and hit me from behind. I had genuine whiplash and carpal tunnel syndrome as a result.
Sorry you feel shafted, but accident appeared to be your responsibility.

suitsyousir · 17/09/2014 20:07

I investigate false whiplash claims for a living. did you take any photos of the cars at the scene? if you had your car repaired the garage may have taken photos of your car prior to repair, aak if they have and get copies. Tell your insurer you want the claim investigated as the personal injury claims are false. Insist on speaking to their fraud team, if the call handler wont do anything. if you want to ask anything else then feel free to PM me.

catgirl1976 · 17/09/2014 20:10

I thought this was a Friday Night Thread Blush

suitsyousir · 17/09/2014 20:10

Oh and its not necessarily the case that the person to the rear is at fault, its not written in law and each case is taken on its own merits.

just because she has a doctors certificate it doesnt mean anything. whiplash cannot be proved at all, you give your doctor a list of symptoms and they diagnose it. Whiplash wont show on any xrays.

Original poster
sadandgutted · 17/09/2014 20:10

Yes I took photos of both cars and they are with my insurance company.

OP posts:
LiverpoolLou · 17/09/2014 20:10

She may be pulling a fast one or she may be genuine. Someone went into the back of me like this. Very slow speed with no damage to either car. The next day I woke up in absolute agony. I couldn't believe it and felt like a complete wuss. My physiotherapist said it doesn't take much force at all if you haven't braced yourself for impact.

Original poster
sadandgutted · 17/09/2014 20:11

I've had a hell of a time recently and this is the last straw... I'm just panicking. Thanks for reading.

OP posts:
PiratePanda · 17/09/2014 20:12

Me too catgirl Grin

AdmitYouKnowImRight · 17/09/2014 20:14

Oh and injury claims are paid by your insurance not you personally and she'll never get £6k for a whiplash claim!

Really? how do you base that sweeping comment? My colleague got over 120K for a shunt. 5 years later she is still on pain killers that have destroyed her stomach lining, she cant sleep, she vomits constantly and has 'the shakes'. Sadly her solicitor was stupid and she and I had to write everything between us

HungryHorace · 17/09/2014 20:17

Your insurer should be disputing this as an LVI (low velocity impact) collision and certainly shouldn't be admitting full liability for injuries at present.

Engineers should examine both vehicles and her PI claim should be defended.

I'm surprised your insurer is saying it can't be disputed. Which company is it? Most are very eager to state LVI and demand all sorts from claimants.

A vexatious claimant will often give up as they weren't expecting a long claim, just easy money.

You need to ask your insurer why they aren't going down the LVI route.

Ididntseeitsoitdidnthappen · 17/09/2014 20:18

Because basic whiplash isn't a high payout

Other more serious injuries yes the payout increases but a basic whiplash at low speed no.

WiseGuysHighRise · 17/09/2014 20:19

Oh this fucks me off big time.

Husband was reversing out of our drive with his view obscured by vans parked either side so was literally inching out - probably not even one mile an hour. Saw a lady on a mobility scooter and braked instantly - he doesn't think he touched her. She says he did. Not a mark on scooter or car. She got doctors notes for "whiplash" and physiotherapy etc - the full works. He had no witnesses to say he didn't hit her. Was advised by insurance company to just suck it up - probably too costly for them to investigate. I was furious. I'd have fought it but he always wants an easy life...

Anyway on the plus side, when he renewed his insurance we were expecting it to go through the roof. At the time we didn't know what the settlement figure was so had to declare it as unknown. He shopped around and got his insurance or the same price (with Hastings I think).

On the other hand, someone I work with refused to go 50/50 (she was stationery, car reversed into her) and fought it. Ended up the other person was found 100% to blame.

HungryHorace · 17/09/2014 20:21

£120k and a stupid solicitor? Did you draft all of the court papers, Admit?

Any claim which reaches that level isn't all for injury. There'll be loss of earnings, medical expenses, future loss of earnings etc (the level of which won't be relevant in a simple whiplash claim).

Someone always knows someone who received an amazing amount of money. So many pub lawyers. They make great clients.

londonrach · 17/09/2014 20:21

Friend of mine got whiplash recently when he was stationary at traffic lights and got rear ended. He didnt think anything at the time but woke next day in pain and as we work for nhs him missing days means we cancel 20 plus patients so we never ill. We all come in if we breathing. He had to miss two days as he in agony. Saw him the day he back and he was walking very gingerly in great pain and turned down sweets (unheard of) and had to book to see a physio as he cant do home visits as he is now. What im saying is its not always at the time. I doubt if she has got any she get 6 k. I think my friend is only getting the physio paid for. If a fake she soon be found out. Leave it with your insurers and forget about it if you can x

Ididntseeitsoitdidnthappen · 17/09/2014 20:24

I had whiplash off the accident I wasn't at fault for, it was a high speed (45-50mph) into a stationary vehicle shunt.

I missed a week off work

I got the grand sum of....£2500 plus costs.

Experience tells me £6k is ludicrous

CombineBananaFister · 17/09/2014 20:24

This happened to my dad, in a morrisons carpark of all places going at snails pace mph when the car infront stopped as the couple were arguing and the man got out abruptly and stormed off.Lady all apologetic on the day and no car damage but later it was whiplash etc.

My dad was offered the choice to go on a police 'change your driving attitude/legal scam money-making £175 fob-off course' or go to court.
He's a stubborn old coot so decided to go to court on principle having no points on his license in 50years, It was thrown out in minutes but the worry and stress it caused leading upto it might not be worth it, sorry :( Sorry I can't be more positive, the whole system is a piss-take and it's whether you want the hassle of fighting it Thanks

Letthemtalk · 17/09/2014 20:25

This happened to my dpa few years ago, very minor damage but other driver claimed whiplash. Insurance paid out, but it didn't affect his no claims

SquirrelWearingATrilby · 17/09/2014 20:25

Oh it's about cars Blush

Dropdeadfred2 · 17/09/2014 20:26

What kind of difference does this kind of thing make to your renewal?? I had something very similar happen to me recently..woman even said she was fine..then claimed for everything going...my insurance company have never asked me for anything Sad Sad

HungryHorace · 17/09/2014 20:30

In my experience, £6k is possible, but most claims generally tend to be £1,500-£3,000 ish (I've spent 6 years dealing with road traffic claims, so have dealt with hundreds and know what levels of compensation people are getting).

HungryHorace · 17/09/2014 20:31

You can think you're fine at the scene of the accident, then have pain come on over a few days, so people aren't necessarily lying if they tell you they're fine at the scene.

Bulbasaur · 17/09/2014 20:42

This thread isn't nearly as fun as your title suggested... Grin