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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To just not be able to do this (accident claim)

128 replies

soyvanillalatte · 29/07/2016 10:04

Someone rear ended me at a red light this week. The car is being looked at for a quote and repair and I will be getting a rental car BUT the car may be written off and I could potentially end up out of pocket as there would be a gap between what I paid for it/what I would need for a replacement and the market value given by the assessors.

My Husband is on at me to claim for injury and says I am a fool not to as everyone does this and it is the way to make sure I can buy a "new" car if the my damaged one is written off, or indeed to just get some compensation for the inconvenience/accident. I am not injured and find the whole idea dishonest.

Am I being a fool? Is this something people do to make sure they get a payment from an insurance company?

Just to add some info: I find it incredibly hard to find suitable cars as I only drive an auto and the car I have is a 2004 but it has 10000 mileage so was about £1500 when I bought it a year ago.

OP posts:
NellysKnickers · 29/07/2016 10:43

It's fraud. Plain and simple. You are not a mug, your dh is a dick though.

soyvanillalatte · 29/07/2016 10:44

didl They have told me it is market value, which for a 2004 model of my car will be around £600- £700. I spent over 6 months looking for a small, auto and the one we found a year ago was £1500, and the average price for the ones we were looking at. (Just so happened to have great mileage)

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HerOtherHalf · 29/07/2016 10:46

It's fraud, plain and simple. Whether it's commonplace or whether the chances of being caught are remote shouldn't matter. It's all down to your own moral compass.

LurkingHusband · 29/07/2016 10:46

When the law was changed last year (everyone knew that, of course ?) insurers got a new toy to play with, a "fundamental finding of dishonesty". Which is where a court gets a look at a claim and decides if it passes the smell test. If it doesn't the insurer is given a means to claim costs back from the other party - and they have and will be.

www.newlawjournal.co.uk/nlj/content/insurance-surgery-tackling-fundamental-dishonesty

It's inverted the system, as previously insurers faced losing money when taken to court - so they generally settled before. Now, it's actually in their advantage to be taken to court, as they can get their costs back.

There have been several cases since last year of "injured" defendants - and witnesses - not turning up at court at the last minute. One of the best I heard was a muppet guy who decided to write his own car off and claim on the insurance. A passer-by saw him drive the car into a bollard and called the police. Policeman turned up, saw the damage and warned the man that the incident had been logged and it would be a criminal offence if he tried to claim on his insurance. For some reason when muppet-chops did make a claim, he was surprised there was a note on his file from the police. He dropped his claim before it came to court, but still had to pay costs as the insurer got a FFOD against him.

Oh, and insurance companies do read Mumsnet. And Facebook. And Twitter. A lot Smile.

Pollaidh · 29/07/2016 10:49

And yes, as someone else said, these claims take years. I think in my case it took about 3 years to settle. 3 years of hell because just seeing the solicitor's envelopes arriving would give me panic attacks.

soyvanillalatte · 29/07/2016 10:52

In the meantime, they still haven't been able to find me a rental.
I think stay with my morals and buy a bike!

OP posts:
Pardonwhat · 29/07/2016 10:53

It's not easy. I was also rear ended at a traffic light and sprained my lower back and got whiplash. I was took to hospital because of my back pain and also visited my gp a few days later. I'm still in pain with my back now around 5 months later but because the mans saying I rolled back into him (untrue) I can't get a payout. So I can't afford physio Sad.

Moral of the story is that it's a difficult process and so I wouldn't dream of trying to fake it.

WeAllHaveWings · 29/07/2016 10:54

This is the stupid type of comment my dh would come out with, but only once as I would make my feeling quite clear.

My mum and dad claimed for genuine whiplash injuries after being hit side on at speed by a bus. They were seeing a doctor and physio (I think, it was over 15 years ago) regularly for nearly a year and when they did claim had to release their medical records and visit an assessment centre etc to determine the extent, how long the injury impacted them etc of their injury. They both received different assessments and compensation. It's not as easy as just claiming and getting compo, you will need to lie to a lot of people face to face.

glasgowlass · 29/07/2016 10:59

It's fraud. No ifs, no buts, no maybes!
Your DH is a dick by trying to persuade you to do this, maybe he's happy to see you potentially get a criminal record for a few thousand pounds.

My parents were involved in an accident (other driver admitted fault at scene) early this year, both had diagnosed whiplash, both refused their insurance company's wish to pursue a claim. They had medical evidence, they would have got compensation, their GP referred to physiotherapist who said both, but especially my mum had a very valid claim & would write a statement to insurers if requested saying whiplash was certain and detrimental to their everyday living. They chose not to as they didn't want people to think they were fiddling the system as it is so rife. My mum struggled in pain for nearly 3 months just trying to do the simplest of tasks.
It is appalling that some people think that fraudulent insurance claims are a 'right', any excuse to get a wee holiday eh?

3littlefrogs · 29/07/2016 10:59

People like your husband really annoy me.
My DD suffered serious whiplash in an accident that was not her fault.
The pain and stress is awful.
She was on strong pain killers and had private physio for weeks. (The NHS is crap at managing whiplash correctly).
Our car was written off.
We only got a fraction of the cost of a replacement car, I have paid for all her treatment, had to take time off work to look after her, and I am still filling in endless forms and taking her for medical appointments.

It will be weeks, if not months, before a settlement is reached.
One of the reasons these things take so long is because of the number of people making fraudulent claims.

However, I am thankful she wasn't killed.

wornoutboots · 29/07/2016 10:59

I was in an accident in 18 months ago while heavily pregnant and with my 2 little boys in the car too. I'm STILL getting phone calls trying to talk me into claiming for injuries (none of us had any)

Elendon · 29/07/2016 11:02

I suffered a whiplash injury, shunted badly, the car was a write off. I didn't realise I was injured until the policeman said I should go to the hospital to get myself checked out - we had walked away from the car. By the time I was checked out, I could barely raise my arm, and felt nauseous from the pain in my neck and shoulder. I had to wear a neck brace for a month. However, despite all this I felt guilty, because everyone was saying "Oh yeah whiplash?...."

I still get the odd rumble of pain from it 30 years later.

BlackeyedPetitsPois · 29/07/2016 11:04

Don't do it. As PPs have said its fraud plain and simple.

20 years ago I was unfortunate enough to be involved in 2 non fault accidents in quite close succession. I sustained relatively minor injuries to look at me but the whiplash I suffered was horrific and I still have neck spasms to this day. I did get a small PI payout but only a few hundred.

Does your DH realise what he's saying ? As someone else has already said I would seriously question my relationship with anyone who suggested this to me.

soyvanillalatte · 29/07/2016 11:04

Does anyone know if there is anything we can do regarding the (potential but likely) loss of the car and not being able to get a replacement? This will be a HUGE issue for my work and result in loss of income.

OP posts:
fanjoforthemammaries7850 · 29/07/2016 11:04

I claimed for whiplash and had to be checked by a consultant who did various tests and confirmed I did have it.

People going off their friends for claiming are a bit harsh. I still have issues 5 years later.

soyvanillalatte · 29/07/2016 11:07

:( I loved that car. It was going to be the one I drove until I stopped driving. (irrelevant but was just feeling the loss).

OP posts:
HereIAm20 · 29/07/2016 11:09

I used to work for an insurance assessor. Do go back and ask what uplift they have applied to the vehicle for such very low mileage as there should be an allowance for this

soyvanillalatte · 29/07/2016 11:10

Thanks HereIam20 !

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SharkBaitOohHaha · 29/07/2016 11:11

Twats like your DH are part of the reason why insurance premiums are so high and people who claim for real injuries are viewed with suspicion. Sorry, it's actually made me quite angry.

As for replacements, if you can't afford to replace like-for-like, would you be able to use public transport / cycle whilst you saved for a new one? Or lower the budget?

Kr1stina · 29/07/2016 11:11

Don't make a fraudulent claim, as others have said , it's an offence. Does you H encourage to commit other crimes ? Does he have a criminal record himself ?

Amount the amount of your claim, just write to your insures explaining that you can't find an equivalent car ( same age, automatic, mileage etc ) and ask them to find you one . They should be able to locate one which you can buy with they payment you receive , or they can buy it for you .

Just take to them - they want claimants to be satisfied with the service they get . Remember they are recovering the cost from the other party's insurers .

HerOtherHalf · 29/07/2016 11:12

Does anyone know if there is anything we can do regarding the (potential but likely) loss of the car and not being able to get a replacement? This will be a HUGE issue for my work and result in loss of income.

It's a fact of life that insurance doesn't always fully compensate your loss. Deal with it. As to another car, what is the problem? Get one on finance or take out a loan if you don't have the cash in the bank. If you're prepared to contemplate fraud just because you're a bit strapped for cash you might as well go the full hog and start shoplifting for your weekly groceries.

soyvanillalatte · 29/07/2016 11:12

sharkbait no I wouldn't. I do home visits for my job and the budget for autos has to be higher, unfortunately.

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bumblefeline · 29/07/2016 11:13

I claimed for whiplash when a car rear ended us and shunted us forward quite far.

Immediately I had neck pain, I also had to see a physio for a few months, infact we all did. I also saw a consultant, so they will check to make sure you are definitely injured as they are really cracking down on fraudulent claims.

Billben · 29/07/2016 11:13

Sorry, your husband is an idiot. Not "everybody" does this. Only the scum

soyvanillalatte · 29/07/2016 11:14

Thanks Kr1staina. We are going 100% through the other party's insurance but will ask all the suggested questions.

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