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to claim for personal injury or not, that is the question.

13 replies

onlyjoking9329 · 18/01/2008 12:06

my car insurers think that i should make a claim with there solicitors after last fridays accident, i don't really know what to do, anyone done it/not done it? what were your reasons?

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lazarou · 18/01/2008 12:10

Considered it when i had an accident but decided it wasn't worth the hassle. It took over a year for it to be done and dusted anyway. Other driver was at fault but i kept getting letters saying he would accept 50/50, then 75/50, then 100%.
If your injuries are going to affect you long term then I would consider it.

TotalChaos · 18/01/2008 12:15

wait and see how much effect the accident has on you and the kids. bear in mind the kids have a potential claim too.

onlyjoking9329 · 18/01/2008 12:43

the kids have minor injuries but the impact on them is huge, they can't make sense of it all and DD thinks we will be having another acident today cos it is friday, she will probaby do this every friday.
i have always had a crap back and have had three ops on it so i am worried that this may make things worse, the bruises will disappear the thoughts about me and the kids being killed will not go away.

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JingleyJen · 18/01/2008 12:44

I would - it is what we pay insurance premiums for.

onlyjoking9329 · 18/01/2008 15:08

i think i will claim, i can always pull out if it gets too stressful. i have had to have my glasses repaired cos they got thrown off, my sat nav charger was broken in half as was the holder, i have to pay £75 excess and i have a hire car at the moment which will probably use more fuel.
i had just filled up my old car with diesil which was £40+ plus i have had to use more respite for the kids as i couldn't do much with being in pain and being so stiff, i suppose it all adds up and thats what insurance is there for.

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MamaVonG · 18/01/2008 15:09

Do. Why should you be out of pocket?

TotalChaos · 18/01/2008 17:01

obviously you are under a lot of pressure atm, but it will strengthen your claim if you keep a note plus if possible receipts of extra costs (glasses, respite etc), and a note of pain/psychological effects on you and your kids - just so you can say - my neck hurt for x weeks, the kids were afraid every friday for x weeks, that sort of thing.

Mercy · 18/01/2008 17:07

Yes, and second Totalchaos' advice.

onlyjoking9329 · 18/01/2008 20:21

i will wait for the solicitor to ring me back, thanks for all your advice

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TotalChaos · 19/01/2008 16:59

also as long as you/kids have a minor physical injury, you can then claim for distress/anxiety etc short of actual mental illness caused by the accident.

onlyjoking9329 · 19/01/2008 22:23

things all add up i had to sort out 45 hours of child care last weekend as i wasn't very mobile, had to get my glasses mended and my sat nav cradle and charger were wrecked, my sat nav isn't working but may just need charging then it is all the emotional stuff too.

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psychomum5 · 19/01/2008 23:11

I am ATM in the middle of two claims for the car accidents that I had....one in may 2006 and the other last october.

I also had a car accident in april 2000, and that one was claimed for too.

NONE have been my fault!.

accident #1, I was 28wks pregnant, broke ribs, whiplash, prem labour......total award was over £8000, but the solicitor took £2000!, so we obviously got £6000. the car was sorted extra to that, and we also got out of pocket expenses, lost wages for DH, car seat replacements, pushchairs, other small items too.
DD2 and DD3 were also in the car, but we didn;t file claims for them as they were small, and so not overly effected, and they were injury free.

accident #2, i am still in the process of claiming for regarding me, but I damaged left sacro illiac joint (hip in laymans terms), whiplash, plus I got post traumatic stress after too. the sol's say that I am also claiming for care (had lots of help with the kiddies and cleaning etc after), DH wages for taking time off plus other stuff, and we are also claiming injuries.
DD2 was in this accident too, and she damaged her knees (strains), and we settled for her to the sum of £1600, which is held in a court appointed trust fund.

this accident, all five kiddies involved and all were injured so all are claiming, as am I, especially as it has re-injured all my old injuries and given me more......ribs and hips (both sides now), plus my 3rd whiplash!.

we are claiming as it this is why we pay premiums!! also, why should the other driver get off scott free when he was negligent in his care and attention?
I realise accidents DO happen, and to be fair, the first two were just that....accidents. the third one however was his negligence and he is/was proscecuted for undue care and attention (I think that was what the police said...DH dealt with it all as I was out of it for a few days on diazapam!)

If your solicitors recommend you go for a cliam, then do. I know that they make money out of it, so in some ways it is their wages they are looking out for, but injuries of this kind are and should be able to be sue'ed over IYGWIM.

if nothing else, you say that your children have been effected......they should therefore gain something out of this as it can go a long way towards something when they turn 18yrs (as that is when they are elligable for it). My DD2 has already earmark her's for further ed, altho she has yet to get there, and things change rapidly in short times, let alone 5yrs in her case!

How are you feeling now tho?? don;t forget that even if a full claim doesn;t go thro, you can claim for private physio to help with the healing process. I did, and got fab accupuncture too, which really helped.

goodluck

onlyjoking9329 · 23/01/2008 09:32

thanks,blimey, you have had some bad luck, i will claim, for myself and the kids, as the kids have autism it is hard for them to understand things in general and they are stressing whenever we go out in the car.

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