To claim for dd's whiplash?

[wasgoingmadinthecountry]

Last week someone drove into the back of me - an accident but I'd imagine it wouldn't have happened if he'd been paying that much attention. A police car happened to be in the traffic and assisted us all and his company contacted me to accept liability.

Dd (16) was distressed - head hurt and ringing - police suggested an ambulance but I took her to A and E instead on their recommendation. She still has some ear ringing and a headache but is alrightish. His insurance asked if was planning on claiming for her - I honestly hadn't considered it but it did affect her. WIBU to claim? Is it cheeky or reasonable? Do people actually do it? Should I wait and see - don't know how long it can be left or how long whiplash will take. Dr said there would be a gradual improvement.

Am just interested in your replies - never had a shunt before in my 36 years of driving.

I’d claim.

It'd be highly unlikely for a claim based on headaches and ear ringing to succeed.

However, if she actually has whiplash then YWNBU to make a claim.

I wouldn't. It sounds like it was uncomfortable but your dd's basically ok. People putting in claims for minor or non existent injuries after a bump collectively put up the cost of insurance for everybody.

Which is why I was taken aback when the agent mentioned it.

If whiplash is bad, you can't lift your head off the pillow, you need to roll yourself out of bed. It kind of feels like your head is not attached to your neck correctly.
It takes months and months to get better and the benefits of physio are limited.

A couple of days pain, no, I wouldn't claim.
If you can revisit the claim in a number of months and see if she is still suffering, then money for physio may be helpful.

I wouldn't.

I think this is more your DDs decision if she wants to take it further and claim for her injuries or not

Did the doctors say she had whiplash?

I wouldn't unless she doesn't recover

Post traumatic something they called it. Also an issue with balance/inner ear/sickness which is fine now.

If she had whiplash type injuries she would know by now, and if you’ve told their insurer she’s fine sans headaches a week on the can refer to this later in the claim.

If she has inner ear injuries - if this is ongoing in a few weeks and confirmed by dr - then of course this is different and of course claim.

I would open and begin a claim. When I was in a collision many, many years ago I had ongoing shoulder pain as a result which had never happened before. Making a claim allowed me to access chiro appointments which would otherwise have been too expensive for me to access. The claim can remain open for as long as you feel you need treatment for any injuries incurred- and once you agree to a settlement figure and to settle you won't be able to claim any more money for any more treatments.

I didn't say she was fine - said she was still in some pain and on medication when asked. I said I had no plans to claim but might change my viewpoint if she didn't improve or had any kind of relapse. Will leave it a while - obviously hope she just gets better by herself over the next few days and we can forget the whole thing.

Some whiplash can take weeks to fully emerge and even longer (if ever) to go away. Long term undiagnosed and untreated whiplash can lead to a lifetime of pain.

The Mumsnetter in me wants to tell you that claiming would be deplorable, unfair, causes insurance price hikes for everyone.

The real life me would be making that claim immediately

Claim! If she has been injured claim that's what it's there for!
You were not at fault and everyone's insurance goes up regardless anyway

If claiming for whiplash wouldn't they need a medical report stating whiplash? I presume so but I know honestly nothing about the process.

Personally I would put the claim in for what the doctors have mentioned now, if she gets well quickly I guess you can always drop the claim.

Forgive me for being dense (non driver here) but surely you would only claim recompense when there was something to pay - ie the injury had caused a loss of earnings, or expensive treatment was required. If there are no costs then what is one claiming for?

Not being goady, I genuinely don’t know!

I actually did put in a claim for whiplash... Because I had whiplash and I was angry. Also they ask you if you want to claim for injury far too quickly when you're still in shock.
Someone skipped over the red light onto a roundabout where I was sat at a red light and went into the back of me at whatever speed people who throw themselves through a red light go at.
Afterwards I could barely get out of the car because my back was jarred. Resulted in two days off work initially, a week and a half without my car and driving back and forth in a courtesy to the garage sorting it which was 30 minutes away (more time off work!).

I had to have ten weeks of physio therapy (i.e. loads of time off work), I needed more but couldn't keep missing work, plus additional physio therapy a year later for continuing problems with my hip. It took over three months to be able to move my head properly. This accident was two years ago, I still can't lie on my back for more than five minutes and if I do anything remotely strenuous with my arms (i.e. painting my ceiling like I am currently) then I spend days in pain afterwards with my neck and shoulders playing up.

The money I 'won' (along with the bad back/hip/neck I won of course) wasn't that much but it did pay for most of the physio I had to have which I wouldn't have been able to afford otherwise although I probably should have continued to have it.

This doesn't help you make a decision really but I guess my point is: I'd claim if there was a need to, and not just to get extra £££.

@GaspingGekko

If claiming for whiplash wouldn't they need a medical report stating whiplash? I presume so but I know honestly nothing about the process.

Personally I would put the claim in for what the doctors have mentioned now, if she gets well quickly I guess you can always drop the claim.

Yep, insurers are pretty wise to whiplash claims now. You'd need medical proof to support any claim.

You're obviously not in Ireland, where people make many spurious claims and increase the cost of insurance for the rest of us. Yours seems a genuine case.
Apparently there is a huge difference between the rates of whiplash in Ireland and the UK with a corresponding difference in the rate of compensation- much higher in Ireland.
However some judges are calling out the scammers - staged crashes etc- and they are left with legal bills. Though many are on free legal aid.

@GaspingGekko when I had whiplash I was encouraged/forced by my insurance company to go to a doctor that was a 'specialist' and not my GP. I went to my GP first but they only wanted a report from this independent doctor who basically said 'do you have whiplash?' 'explain the accident to me' 'yes you have whiplash'. 🙄 So yes you need a 'medical report', which you can absolutely pay for apparently.