Making A Claim - Passenger In A Car Crash.

[dann2707]

Howdy.

As some of you are aware I was in a car crash last week, Friday morning infact.

I went to the doctors yesterday to explain what happened telling him about the stiffness in my neck, ringing in my ears and my shoulders hurting. He then asked if I was claiming which I said yes to which he gave me a number from his phone, a solicitor..

Before I ring up, I just want to know if anyone else has had this sort of situation before and what they did. And who they rang up, like which company is recommended to use as I've seen soooo many "no win no fee" style people on TV. etc etc.

Just need general advice on what you would do.

Thanks, Dan

[CurtisRider]

PM George Seamons, he has had to do it. Good luck

[PeanuckleJive]

Screw the people from the TV, see a local solicitor who will do the same job. Actually seeing somebody is far better than discussing it over the phone for hours on end

I'm currently in the process of claiming for an eye injury I picked up, I can't imagine having done all this work if I was just talking to somebody over the phone.

On that note, there is a LOT of work involved with claiming, and if you're going off to uni soon I can bet you'll struggle to find time to actually follow it up properly.

Me and my solicitor were looking through a book which guidelines the brackets of amount you can claim for certain injuries etc, and to be brutally honest with you, You'll be shocked at how little money you'll probably get for the crash.

I was off work for 3 months, couldn't drive for 2 1/2 months, and my eyesight has been permanently affected as a result of what happened to me, I'll be lucky if I get more than £5500, So I really doubt you'll be happy with the amount they offer you, if you get that far

sorry to be a killjoy, that's just how it is

[TROYston]

Whiplash claim it, you can get over 2k out of memory.

Ahh you need is as long as both of you are insured, your fine, go to a local soli's and then ring up a few different companies,

see what each one says. And then decide where you want to go from there .

[Papa Manual]

It's definitely worth looking at pursuing, however don't use one of the shitty companies advertised on the TV, like Claims Direct, as they tend to treat you like a piece of meat. If you look about on Google you'll probably find some good sites that will have reviews of local solicitors. All law firms are, in the end, basically just interested in how much money they can make out of you, but there's a big difference between a reputable high street firm and the scumbag firms that work like litigation conveyor-belts.

How serious was the crash? Did any of your friends actions contribute to the seriousness of it? If you were a right f**ker you could more than likely screw a bit more out of them by going to a psychiatrist and playing the post-traumatic stress disorder card. It's not very hard to do if you find the right shrink. I'm not advocating this as, in my opinion, it's pretty evil; just stating the facts.

Insurance doesn't really come into it from your side of things. If the other party isn't insured then they'd be liable for criminal prosecution, which is brought by the crown rather than individuals. The action you'd be bringing against them would be civil, which is completely separate. Also, there's very little chance that it'd go to court. 97% of civil claims are settled out of court using alternative means due to costs and stuff.

If you've got any questions before you go to a solicitors then give me a shout. I've just done a metric tonne of essay and exam work on this exact area of law .

[Tomm]

Have you missed work? Has this accident impacted your education? Any long-term ill-effects? If not, then don't claim. A sore neck a few days after a big accident is mostly normal and that's a risk you take when you get in a car.

Fair enough if the accident has left you with long term problems, chronic pain or loss of earnings but otherwise, GTFO.

[Bronz]

Have you missed work? Has this accident impacted your education? Any long-term ill-effects? If not, then don't claim. A sore neck a few days after a big accident is mostly normal and that's a risk you take when you get in a car.

Fair enough if the accident has left you with long term problems, chronic pain or loss of earnings but otherwise, GTFO.

Hate to say it Dan, but this ^^^

The fact that you've been able to ride means that there've been no lasting effects, and if the other party got wind of it then you'd not stand a chance :/

[RobinJI]

Hate to say it Dan, but this ^^^

The fact that you've been able to ride means that there've been no lasting effects, and if the other party got wind of it then you'd not stand a chance :/

Regardless of which, I'm getting bored of paying silly insurance premiums because everyone and their gran cries whiplash the instant they're even slightly nudged.

As said, if their is genuine reason to claim: missed work, loss of earnings, having to give up a hobby ect.. then absolutely go for it, but if you're just thinking it's just easy money, don't be an arse.

[Muel]

Can't believe how many people in here are giving real advice, it was an accident! I doubt the guys really wanted to prong a taxi. It's the risk you take by going outside the house, you might get hurt...

The most you should morally claim for IMO is any bills for acupuncture or massage theropy to mend your back. If you've been riding on it though do you really feel you deserve it?

As Robin said, don't be an arse.

[shamus]

However don't you think the guy who T-boned them then fled the scene deserves a kick up the arse?

If you cause an RTC, man the f**k up and deal with consequences, the driver that fled clearly casued the incident and a civil pursuit would make him aware of the consequences of his actions

Edited August 27, 2010 by shamus

[tomturd]

Put a claim in, its just the standard thing to do. Thats why we all pay such high insurance (and its not as if we'll pay less if people stop claiming.. they'd keep the prices where they are) and you're perfectly entitled to it.

PS, I've never claimed for an injury, but definitely would do if someone else crashed into me.

If you were claiming £1m from Mc Donalds for scolding yourself on a cup of tea, then I'd think differently.. but you're not. Go for it, you'll just be lining the pockets of the MD of Direct Line if you don't.

[Tomm]

I don't know anything about what happened, but I completely agree with you, the driver that caused the crash should be held accountable. But sueing their insurance company for a few quid just because you can isn't going to affect the driver in the slightest, and it's immoral in my book.

[PeanuckleJive]

But sueing their insurance company for a few quid just because you can isn't going to affect the driver in the slightest, and it's immoral in my book.

Well, it is because the other driver's premiums will go up, surely?

[Papa Manual]

If you accept immorality as behavior deviating from widely accepted principles of what is right and what is wrong then it's a difficult argument to put across. Where insurance doesn't factor into the equation then the claims awarded to the claimant by the court are generally a lot less to save individual hardship on the part of the defendant. It is accepted in the legal and political arena that this is the purpose of insurance, and judging by the number of people who claim it's fairly widely accepted by a good number of the public too! I don't think those who are being sued are particularly bothered either as it's not coming directly out of their pockets and any premium increase isn't going to be substantial unless you're a young driver.

To some extent I'm playing devils advocate as I personally think that claiming for loads of shit all the time is just turning the UK into a litigation culture in the same way that America is. However, conversely, you're all paying ridiculous insurance premiums so, when something goes wrong (or does so in the eyes of the law), why shouldn't you make a bit of it back? If every 'moral' person in the country doesn't claim when they have the opportunity, you'll still have ten 'morally bankrupt' people that do. As access to justice becomes easier and (arguably) cheaper then there's no way of reversing this trend without massive reform of the civil justice system and that'll certainly never happen under a Conservative led coalition.

[Tomm]

Well, it is because the other driver's premiums will go up, surely?

I don't think those who are being sued are particularly bothered either as it's not coming directly out of their pockets and any premium increase isn't going to be substantial

Mr Manual has covered that I think. If he's a young driver he's going to have a claim on his insurance anyway, which will put his premiums up. I don't know, but I doubt his premiums would be increased further by a lawsuit.

The argument that "everyone is doing it, so I have a right, too" is stupid. An eye for an eye and the world is blind.

[Max Quinn]

Mr Manual has covered that I think. If he's a young driver he's going to have a claim on his insurance anyway, which will put his premiums up. I don't know, but I doubt his premiums would be increased further by a lawsuit.

The argument that "everyone is doing it, so I have a right, too" is stupid. An eye for an eye and the world is blind.

So is turning down a load of money you're perfectly legally entitled too in my opinion. Morraly more correct perhaps, but still in this dog eat dog world we live in, definitely a bit stupid.

[tomturd]

I've had someone claim personal injury against my insurance company before (my fault, me being a tosser), but that in itself doesn't raise my insurance premium (I don't think).

What did raise my premium was the fact that I claimed, and I'll be paying that back for a few years to come.

I hardly knew about the fact the person I crashed into claimed, and IMO they were perfectly entitled to it. Thats the reason I pay insurance, and its the risk that the insurance companies take. All in all, they make money and probably lots of it.

EDIT: I think the difference is that these people are claiming against an insurance company, its their business to insure people. Part and parcel of that is that occasionally people will put in claims and they'll take that into consideration when working out premiums. If it were a person claiming against an individual or a business (like you see on telly) then I'd agree with Tomm.

[Tomm]

"Entitled to" is a funny phrase. If he went to court and told the truth (how he'd been out riding since the accident) they'd laugh him out the door. Compensation is just that - to compensate you for time or work lost / disability (E.g. an injury that will stop you earning) or chronic problems. Since he has none of these, he'll have to bend the truth a lot to get any sympathy. This is not "money [he's] perfectly legally entitled too" at all - it's money that he'd have to lie to get his hands on.

P.S. Dann - if I've got some of the facts wrong, I apologise.

[tomturd]

how he'd been out riding since the accident

wasn't aware of that....

[Tomm]

I'm sure this is 3rd-hand information but yeah:

If you've been riding on it though do you really feel you deserve it?

[Max Quinn]

"Entitled to" is a funny phrase. If he went to court and told the truth (how he'd been out riding since the accident) they'd laugh him out the door. Compensation is just that - to compensate you for time or work lost / disability (E.g. an injury that will stop you earning) or chronic problems. Since he has none of these, he'll have to bend the truth a lot to get any sympathy. This is not "money [he's] perfectly legally entitled too" at all - it's money that he'd have to lie to get his hands on.

P.S. Dann - if I've got some of the facts wrong, I apologise.

All very valid points, ok I take the whole 'legally entitled' thing back haha. I'd still do it though and I'm very suprised most others wouldn't.

[dann2707]

Cheers for the replies.

I doubt i'm going to be taking this any further now...

It appears the pain was only temporary anyway. I think if my neck was still hurting a week later (today) then I would be taking action. But I've been riding fine on it with no adverse effects, hasn't stopped me from doing so.

Thanks for the contributions in here though, very helpful

Dannnnnnnnnnn

[Tomm]

Sounds like a good choice

[shamus]

Cool no immediate adverse affects and therfore no need to claim. However is someone going to give the irresposible git a life lesson? (i mean in terms of the fleeing the scene and obviously driving without due care at the minimum?)

[dann2707]

I'm not sure if I'm honest. Fleeing the scene then coming back just isn't quite as dramatic as fleeing it altogether though is it . So I guess they got let off for that... Who knows what happened next they only took down one of my mates name, address etc.