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Legal matters

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Original poster

Stunned. Someone is suing me for personal injury

30 replies

Verycold · 06/03/2014 21:00

He drove into the back of me at a roundabout. Now a year later says I reversed and caused him whiplash!

Anyone know what to expect?

OP posts:

mercibucket · 06/03/2014 21:02

stick this in legal maybe

sounds a right chancer! did it get settled at the time?

AndIFeedEmGunpowder · 06/03/2014 21:03

Oh I read a thread on here about this before. Apparently people do it on purpose! Hopefully someone will come along with more knowledge than that.

Original poster

Verycold · 06/03/2014 21:03

His insurance paid for the minor damage on my car

OP posts:

annabelcaramel · 06/03/2014 21:04

Your insurance co should be able to sort it all out for you

SantasLittleMonkeyButler · 06/03/2014 21:05

Were the Police called at the time? If so, they should have taken a report of some kind stating what happened.

Were insurance companies involved? Again, they will have a record of the circumstances (although obviously that would be whatever you told them as they would not have been present).

Were there any witnesses? If so, do you - or your insurance company - still have their contact details?

Could this be a "crash for cash" case I wonder? Someone deliberately causing an accident in order to claim for personal injury at a later date.

TitsalinaBumSquash · 06/03/2014 21:05

If it's anything like the experience I had with a similar arsehat person, they'll be using one of these no win no fee places. They will be instructed to get an expensive, private medical done to prove their injuries, they'll then baulk at the cost and drop the case.

I hope it's the same for you.

Original poster

Verycold · 06/03/2014 21:05

Who would believe it though? Why on earth would I reverse at a roundabout?

OP posts:

SantasLittleMonkeyButler · 06/03/2014 21:06

Well, if his insurance company paid for your repair then that would suggest that they admitted liability.

Therefore, quite how he has a claim I am not sure!

AnnabelleLee · 06/03/2014 21:08

I wouldnt worry about it, its obvious nonsense.

Original poster

Verycold · 06/03/2014 21:09

My dd and her friend were in the car, only 11 though

OP posts:

SantasLittleMonkeyButler · 06/03/2014 21:14

I wouldn't worry, it really does sound like he is trying it on.

I used to be a PA to a Personal Injury Lawyer (almost 20 years ago though, and well before the InjuryLawyers4U malarkey), and seem to remember that compensation for car accidents all come down to who admits liability. This is why your insurance company always tells you NEVER to admit liability or apologise if you have a bump .

The fact that HIS insurance company paid for YOUR repair would imply that he accepted liability for the accident at the time. Or that he was determined to be liable at least. Therefore, he will have a job trying to convince anyone now that it was actually your fault!

Original poster

Verycold · 06/03/2014 21:25

Why would a lawyer even take on his claim when it's this ludicrous?

Would my dd's statement count?

OP posts:

specialsubject · 06/03/2014 22:16

try not to worry. He'll realise that lying in court is perjury, which gets you in jail, and it will stop when he has to go that far.

contact your insurers and hand it to them.

the person at the back of a two-car bump is ALWAYS responsible.

Terrortree · 06/03/2014 22:23

This is probably ridiculous advice but I'd ponder countersuing for my own whiplash - I realise that this would be a high stakes setting but it would make them seriously question their risks.

I'd definitely take it to court though.

NorksAreMessy · 06/03/2014 22:29

terror are you REALLY advising the OP to lie?
That is terrible and very dangerous advice

BettyBotter · 06/03/2014 22:36

My friend got sued for causing whiplash when she skidded on snow and slid into a parked car. There was nobody in the car she bumped. A bystander/witness on the pavement claimed it was his car. The owner of the car who later sued for whiplash wasn't even the same race as the person there, let alone being in the car

The whole thing was a blatant outrageous scam. Nevertheless the car owner pushed and pushed the claim and refused to back down and in the end the insurance company paid him off out of court. My friend got told by the lawyers that it was cheaper to pay him off than fight it through the courts without evidence on her side. even though they all believed her.

That's why the bastards carry on doing this.

Terrortree · 06/03/2014 22:41

This is probably ridiculous advice but I'd ponder

suggests that I am well aware of the fact it is irresponsible. Get over yourself!

cafecito · 07/03/2014 00:14

You're in an extremely strong position due to accident circs. your insurers will deal with it, try not to worry about it. sounds like classic rear end shunt. sometimes these claims are pushed through quickly and semi automatically, it may stop here and you will hear nothing more of it. for them to do anything more than settle pre-medical they will need exams etc and reports. it won't affect you at all but you don't want it to affect your future insurance premium so you need to remain adamant with your insurer that there is no way you admit liability.

CalamitouslyWrong · 07/03/2014 00:28

I don't see how he can have a case if his insurance company have already paid out for damage to your car. No insurance company wants to pay so if there was any way for claiming you were liable (or even equally to blame) they'd have pursued this rather than coughing up. In which case, it seems unlikely that he can claim you caused his (supposed) whiplash.

There are so many scams around car insurance these days. Someone purposefully reversed at the same time as me in a car park. There was no damage on either car. Not even a slight graze to the paintwork. Then they tried to claim several hundreds of pounds of damage on the basis that insurance companies always go on shared liability for this sort of thing. We had to provide loads of evidence to show that there couldn't possibly be a claim for that damage.

Irishmummy1981 · 07/03/2014 00:33

i work in insurance, your passengers dont count as independent witnesses, would be different if you were a taxi and they were a fare. His insurance company paid for your damages, send a copy of the letter to them. Also inform your insurance company. Hes pulling a fast one. Not sure why his lawyer took him on, probably lied to them. Keep a copy of all correspondence you get. The lawyer should send copies to your insurance company once your insurance company sends them a letter but just incase always send copies to your & his insurance companies.

Nappaholic · 07/03/2014 23:13

Pass it on to your insurers...that's what they are for! He's probably responded to one of those spam texts from claimsRus or whoever.

mistlethrush · 07/03/2014 23:19

Someone crashed into me and then tried to claim for whiplash... they were also claiming for damage around 75% of their car (which wrote it off) - which I pointed out to their insurance didn't square with the obvious damage to my car when their front corner went into our wheel arch... After 18 months I managed to persuade their insurance company that they were fraudulent and they paid all my costs.

truelymadlysleepy · 12/03/2014 12:33

Someone reversed into me when I was stationary (with my hand on the horn). He apologised and we swapped insurance details. 2 weeks later I received a Solicitor's letter claiming I went into him. Insurance split the cost, I was seething.
Roll on 2 years, I met him socially at a party.
It was very satisfying to introduce him to DH and explain to the other guests where we had met before. .

MarysDressSways · 12/03/2014 12:43

Ooo truely, what did you say and how did he react? Would have loved to have seen that.

truelymadlysleepy · 12/03/2014 12:54

He went bright red & stuttered when I said " I must introduce you to my DH". The other party guests were highly amused, lots of them knew what had happened but didn't know the culprit.
He left very quickly.

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