Lastly your story about the cops calling you has all the hallmarks of one of your 'friends' playing a joke on you, as I said previously cops don't normally ring you to tell you someone is claiming off you for whiplash, usually they will only call/visit you when some traffic law has been broken or a crime has been committed ie leaving the scene of an accident where someone has been seriously or fatally injured etc etc.

Unfortunately i was in the police station fri nite making my statement :-(

Paddyogall - ur such a child its unreal.

Cheers for the advice from everyone else.

Brolly (Monaghan) - Posts: 4472 - 12/09/2010 17:22:13    772289

the best advice you got was off paddyogall

hipster (Dublin) - Posts: 2509 - 12/09/2010 17:28:14    772293

This happened to a relative in the South recently. A middle aged woman drove into the back of her car and though the relative admits she breaked suddenly on the road the woman got out said she as OK and there was no damage to her or the car. A few weeks later the relative gets a solicitors letter claiming for 1000's of Euro in damages. I blame a lot of cowboy law firms for this encouraging this culture and would prosecute those making false claims. The insurance companies I am glad to report are on to these scammers at last.

Ulsterman (Antrim) - Posts: 9825 - 12/09/2010 17:29:18    772294

Ulsterman
County: Antrim
Posts: 2566

772294 This happened to a relative in the South recently. A middle aged woman drove into the back of her car and though the relative admits she breaked suddenly on the road the woman got out said she as OK and there was no damage to her or the car. A few weeks later the relative gets a solicitors letter claiming for 1000's of Euro in damages. I blame a lot of cowboy law firms for this encouraging this culture and would prosecute those making false claims. The insurance companies I am glad to report are on to these scammers

This story dosen't make any sence at all, sounds like a bit of a porky pie. The person who crashes into an other car from behind is ALWAYS at fault, no matter what reason the person in front brakes for, unless of course the person in front is drunk.

Lebowski (Meath) - Posts: 363 - 12/09/2010 18:56:37    772376

Brolly, two things.

You don't have to crash into someone very hard at all to give them whiplash. By the sounds of it you were going more than fast enough to cause whiplash (just going on the damage you said the car sustained).

People don't feel whiplash immediately, it is usually the next day when the victim wakes up they will feel it. It is extremely painful and lasts for weeks, sometimes longer.

Take your medicine and drive more carefully in future.

morris (USA) - Posts: 302 - 12/09/2010 19:30:51    772420

Lebowski

You are correct there mate and I was wrong. My relative DID INDEED drive into the woman's car at about 10mph and though she admitted she was in the wrong my relative said the woman got out of the car, said she was OK and told the relative to forget about it. There was NO damage at all to her car but the next thing the woman goes on the sick from her job and my relative gets a solicitor's letter claiming 1000's of Euros in earnings and damages. It's totally ridiculous.

Ulsterman (Antrim) - Posts: 9825 - 12/09/2010 21:28:33    772546

Ulsterman
County: Antrim
Posts: 2571

772546 Lebowski

You are correct there mate and I was wrong. My relative DID INDEED drive into the woman's car at about 10mph and though she admitted she was in the wrong my relative said the woman got out of the car, said she was OK and told the relative to forget about it. There was NO damage at all to her car but the next thing the woman goes on the sick from her job and my relative gets a solicitor's letter claiming 1000's of Euros in earnings and damages. It's totally ridiculous.

Whats ridiculous is that she drove into someone at 10mph. Was she asleep at the wheel? You could stop on a sixpence at that speed!

Corrxxx (Kerry) - Posts: 584 - 13/09/2010 09:00:29    772598

Brolly

In summary - Tough Luck
Firstly the claim is not fraudulent unless 1) the incident did not happen 2) the incident was staged 3) the people claiming are not those who took part in the accident
Unless you and your insurance company can prove one of the above well then it is likely that your insurer will pay out as on this occasion Liability (ie who is at fault) is fairly clear cut (unless they reversed into you or had Faulty brake lights).

2 adults and 1 child can expect to receive in total somewhere around the £10k-£15k mark for minor soft tissue injuries on the assumption that they have a half decent solictor, allow another £5k for legal costs. (presume accident was in the North) IN ROI you would be talking aboute circa €30,000 for the whiplashes
The solictor will also enquire if they have any other complications for e.g Is the child having recurring nightmares, bed wetting problems, have they experienced depression, anxiety, agrophobia, etc since the accident and is it impacting their ability to socialise, travel and in particular go to work.

Where you have been unlucky is the fact that you hit someone from the North - They are twice as likely to claim for injury versus someone in the south-this is because of the fact that a family is more likely to have a relationship with a solictor due to the troubles -claims for dead livestock - houses being wrecked in bombs- army searches etc etc

In addition Insurance Fraud in the North is rife and especially in Derry, Strabane, Belfast and Newry - In fact there are huge amounts of staged accidents often involving Black Taxis. These staged accidents are often between two groups from seperate sides of the community
They work together because it is more difficult to create a link if investigating fraud

As regards your premium - depends on how much No claims you had but at a rough guess expect it to double - It wont be too bad if you have only had one claim - If you have ever claimed before it could be heavier.

Omar.d (Cavan) - Posts: 1141 - 13/09/2010 12:29:39    772797

Ulsterman, 5mph is fast enough to cause whiplash, and the victim won't develop symptoms immediately.

morris (USA) - Posts: 302 - 13/09/2010 19:46:44    773479

Omar.d
County: Cavan

Brolly

In summary - Tough Luck

Firstly the claim is not fraudulent unless 1) the incident did not happen 2) the incident was staged 3) the people claiming are not those who took part in the accident

4 They injuries being claimed for are feigned.

squidword (Louth) - Posts: 2897 - 13/09/2010 20:42:25    773552

13/09/2010 20:42:25
squidword
County: Louth
Posts: 2117

4 They injuries being claimed for are feigned.
_________________

Sadly Squid - This is where you are wrong - Once the accident happend the onus is on the insurance company to prove you are not in some degree of pain.
Once you got to a solictor he will refer you to a medical expert who charges about £200 a pop and who probably receives hundreds of referrals each year from the same solictor. It is unlikley that this medical expert will be chosen because he has a miracle cure to hand.
The medical report at best will say that you have some recurring discomfort arising etc - Insurance company can run this in court or settle - If they go to court the costs increase and it becomes a battle between the common man and the corporate deep pocketed insurer - The judge will typically pay a higher amount as a way of telling the insurance company not to waste time bringing open and shut cases before a judge.

The other option is that the insurer puts you through the full mill and insists on MRI's, Brain Scans, Orthapaedic experts report, Occupational Therapy expert etc
all of which they have to pay for. If the do this there is a small risk that someone finds that you actually have a genetic spinal defect or some injury from when you are younger that now has an increased risk of resurfacing all because of the accident - And Suddenly the insurer is at risk for £100k+

Insurers don't rush to pay claims because they want to lose money - They want to close claims because the finanical risk and cost of having an open claim is too high

Omar.d (Cavan) - Posts: 1141 - 13/09/2010 21:23:45    773627

Had a tip a few years back and had a bit of whiplash... Its stiff for a while but i wouldnt be claiming, gangsters ted

miketyson (Limerick) - Posts: 2748 - 13/09/2010 21:42:53    773682

Omar.d
County: Cavan

Sadly Squid - This is where you are wrong

Omar.d are you telling me that it is not fraud when people involved in minor accidents feign injuries and then claim money from an insurance company.

I always thought that people who made a false claim in the hope that they would get money for jam would be deemed to be fraudsters....... Perhaps not.

squidword (Louth) - Posts: 2897 - 14/09/2010 08:28:11    773726

For those condemning me - ie hipster etc - the police actually laughed when they saw my car, i had to point out the slight crack - they shook their heads and said (off the record) that its holiday money for the guy, whom they previously knew.

I have accepted that i nudged the back of the car but have said that the whole accident was caused by the third car which sped around the roundabout causing the car in front of me to suddenly break. Insurance company might like that.

Brolly (Monaghan) - Posts: 4472 - 14/09/2010 08:59:05    773737

14/09/2010 08:28:11
squidword
County: Louth
Posts: 2118

773726 Omar.d
County: Cavan

Sadly Squid - This is where you are wrong

Omar.d are you telling me that it is not fraud when people involved in minor accidents feign injuries and then claim money from an insurance company.

I always thought that people who made a false claim in the hope that they would get money for jam would be deemed to be fraudsters....... Perhaps not.
________________
Squid

Legally fraud would include "exaggerated injury claims"
In practice it is very difficult to prove that someone is not in some element of pain
Fine for broken bones etc - its either broken or its not
But whiplash is whats called a "soft tissue" injury - There are vey few adults that at some stage do not suffer from a headache or a stiff neck or back
Once you are claiming these symptoms it is very difficult for anyone to prove that you are not. The strongest that any doctor will someone says "an element of discomfort that is not giving rise to any material restriction on movement".

Omar.d (Cavan) - Posts: 1141 - 14/09/2010 09:42:30    773769

14/09/2010 08:59:05
Brolly
County: Monaghan
Posts: 1773

773737 For those condemning me - ie hipster etc - the police actually laughed when they saw my car, i had to point out the slight crack - they shook their heads and said (off the record) that its holiday money for the guy, whom they previously knew.

I have accepted that i nudged the back of the car but have said that the whole accident was caused by the third car which sped around the roundabout causing the car in front of me to suddenly break. Insurance company might like that.

______________________
Motor claims arise from Tort law - In this case negligence or a breach of a duty of care.
The duty of care being that you have to operate a motor vehicle in a manner that does not present a risk to other parties

1. In your opinion the third car entered the roundabout in an unsafe manner - You need a legal defintion of whats safe - what speed he should be doing and what speed he was doing - if you can prove all of this you may have an argument

2) You are required to leave a safe distance between yourself and the car in front so that an accident will not occur in the event that an emergency breaking situation arises

So the person you hit needs to be able to prove that you did not leave a safe distance

Now Im not sure what evidence you have for scenario 1 - but you will need witness statements Photos, Maps of the roudnabout and a speed evidence
As regards scenario 2 the other person needs to prove that you could not stop in time - If you hit him thats fairly good proof.

Omar.d (Cavan) - Posts: 1141 - 14/09/2010 09:53:10    773779

Reversing in to somebody on a roundabout when traffic is slow moving is a sure way of claiming for whiplash, nobody will believe the other drivers version.

dhorse (Laois) - Posts: 11374 - 14/09/2010 11:13:01    773868

Brolly
County: Monaghan
Posts: 1773

773737 For those condemning me - ie hipster etc - the police actually laughed when they saw my car, i had to point out the slight crack - they shook their heads and said (off the record) that its holiday money for the guy, whom they previously knew.

I have accepted that i nudged the back of the car but have said that the whole accident was caused by the third car which sped around the roundabout causing the car in front of me to suddenly break. Insurance company might like that.

Brolly i sympathise with your situation, happened to me but nothing ever came of it thank god, the man was genuine so there are good people about.
BUT from your description you are at fault. You drove into the back of someone therefore its your fault regardless of what the 3rd car on the roundabout was doing.
Put it down to experience, and hope that karma will bite the claimant in the ass at some point. And it will!
I bet you will take more care at roundabouts in future, i know i do. Lesson learnt.

bosch (Derry) - Posts: 873 - 14/09/2010 13:18:28    774030

County: Derry
Posts: 486

774030 Brolly
County: Monaghan
Posts: 1773

773737 For those condemning me - ie hipster etc - the police actually laughed when they saw my car, i had to point out the slight crack - they shook their heads and said (off the record) that its holiday money for the guy, whom they previously knew.

I have accepted that i nudged the back of the car but have said that the whole accident was caused by the third car which sped around the roundabout causing the car in front of me to suddenly break.

You obviously weren't keeping the required distance between you and the car in front.

dhorse (Laois) - Posts: 11374 - 14/09/2010 15:01:40    774161

Fair enough folks - im not trying to deny the fact that i should hav got stopped before contact. Just to say that this claim for whiplash is a joke - probably staged also - u had to be there to understand how luaghable it was. There is a grey area here which must be fixed.

Anyway - its an experience and its gunna cost me but nothing i can do about it now i suppose!

Brolly (Monaghan) - Posts: 4472 - 14/09/2010 15:58:30    774240