matt85

Someone has just went thumped into the back of me at a junction about 30 minutes ago. The rear of my car is ****ed, the boot is pushed in and wont open the bumper is hanging off and i dont even know if anything else is bent yet because i cant get a good look.

The guy admitted liability but then asked if we could settle it in cash as it would be easier for him. As my car is only worth about £300 it would seem good sense but im not sure. The van he was driving is a well known local company so i doubt hes uninsured and he has given me two phone numbers and his name.

As well as this i have also hurt my neck. This isnt a 'I can see the ££££ signs so my neck will start hurting' sort of pain, its really stiff already. What do i do if it starts to get worse or i have some problems with it?

I have never been in this situation before so any advice would be greatly appreciated... What should i do?

Thanks in advance.

Irony of the situation: I was due to pick up my new car later today as well

Brendan Hughes

Take loads of photos using a film (not digi) camera, cheap disposable will do, and go to the doc ASAP.

RB5 Paul

I'd go with insurance if your gonna claim for personal injury

matt85

Anybody else?

SVVG

iTrader: (1)

Phone your insurance co. and go through that route. It's quite common with rear end crashes for back pain to occur upto 2 weeks after the accident - my neighbour (who incidentally has a new age STI) got smacked up the ***, and about 2 weeks later was literally bedridden for nearly 3 weeks, but immediately after the accident, and for the next week or so, was fine had not suffered any problems.

Go to your insurance co. Then go to your doctor. You might be able to get private treatment (if you aren't already covered privately), and for physio etc private is the way forward as it's much quicker to be seen.

If the guy's not insured then he's an inconsiderate tw*t and deserves to be sued privately and for the rizzers to have a word. If he is not insured then the Motor Insurers' Bureau might step in and deal with it - for those that don't know, all the insurance co's chip in to a mutual fund (the Motor Insurers' Bureau), and amongst it's other functions, it will step in where one party is not insured and possibly cover the costs, depending upon the cirumstances.

Also if it was a local business vehicle you can sue the firm. If he was driving on company business the company will be liable for the acts of negligence of its employees whilst theyare acting on company business.

If you accept any money this could prevent you in the future from making a claim, and the guy who crashed into you could argue that your acceptance was in fact a settlement of the claim against him and that by accepting the money you had abandoned your rights to persue him further.

Hope you're back's OK - and at least the car was only £300 and not a Scoob!

JoanUK300

He probably has no insurance so I`d report it to the police. It`s people like him that push up everyone else's premiums!!!!!
(sorry to be blunt....bit of a sore point!)

Joan.

T.C

As some of yopu possibly know, I work in the accident business. Below is a checklist of things that you can do to ensure that your claim either through your insurance company or solicitor is substantiated thereby ensuring that you don't end up out of pocket, and it will also speed the process up. I appreciate that you may not be able to do everything, but if you can do as much of the list as possible it will certainly make life easier.


ACCIDENT CHECKLIST

It is an unfortunate fact of life that accidents occur whether it be on the road, in the home or at work. Below is a checklist of things that you can do, which will assist in the smooth running of your claim should you feel that someone might be to blame for your injuries.

1. Obtain as many names and addresses of witnesses as possible.

Witnesses are important in that they can substantiate your claim by confirming your version of events. If it becomes your word against the defendants, then the claim is going to become more difficult to prove. However, if more than one person gives a similar account, then on the balance of probability, your version is more likely to be an accurate version than the third party. Try and get your witness details as early as possible, as it makes life very difficult when contact is made months after the event and they have forgotten the circumstances particularly if they are a key witness. In addition they have been known to move or even die before their side of the story can be obtained.

2. Try and take some photographs of the accident location.

Photographs are amongst some of the most effective tools in assisting your solicitor to understand the scene of your particular mishap. If there is a particular feature that you feel may have contributed to your accident for example a pothole in the pavement, of a poor road surface, then again this will assist your solicitor considerably before the evidence is removed or repaired.

3. As soon as possible after the accident write down as much as possible about the circumstances. If you are unable to write yourself, then ask someone to write it down for you.

As time passes the memory tends to fade, so, if you can write down as detailed account regarding the circumstances as possible as soon after the event as possible, it will reduce the possibility of important facts being forgotten later on. If you are unable to write the facts down yourself, then ask someone to do it for you.
It is far better to have too much information than not enough. Your solicitor will decide what facts are relevant, and will only use those facts that are appropriate.

4. If the Police or some other person in authority is in attendance, try and obtain their name, rank or number, address and telephone number.

The Police or other emergency personnel will normally be quite happy to supply their details to you, and this will assist in the claims process later as your solicitor will immediately know whom to contact for further information.
If the accident has happened at work, in a shop, restaurant or school or other public place, then try and ensure that the incident is recorded in their accident register or book.

5. If you believe that you have received an injury, which does not require hospitalisation, see your Doctor as soon as possible after the incident.

Doctors keep records, and they will record the time and date that you saw them, your symptoms and recommended treatment if any. If at the time of the accident you do not feel that visiting your GP is warranted, wait 24 hours as by then much of the bruising and aches and strains will become more apparent and there will be more conclusive evidence of exactly the nature of your injury.

6. Obtain as soon as possible an estimate from a suitable person quoting the replacement cost of any damaged personal effects arising from the accident.

If you have had personal property damaged as a result of your accident then you are entitled to claim the replacement costs. In order to establish the cost you will need to obtain an estimate from a specialist for that item, for example the estimate for a replacement motorcycle crash helmet would quite easily be supplied by a motorcycle clothing outlet.

7. If you are off sick as a result of the accident, keep hold of payslips as this will assist to prove loss of earnings.

Particularly if it looks as though you may be off work for some time. Payslips for say the previous 6 months prior to the accident will show your average earnings as well as any overtime payments. If you have to guess the figures then you may well end up being out of pocket.

8. Keep a diary and list all your out of pocket expenses incurred as a result of your injury.

It is not your fault that you have been injured, and any out of pocket expenses you incur are often not through choice. If you keep a diary that show the dates, and where and why these expenses were incurred, it will make it far easier for your solicitor to put forward a strong argument for all your costs to be met.

9. Keep receipts in respect of taxi fares, public transport, car parking, fuel costs, telephone calls and postage, as this is all claimable.

Again, these are costs that you probably would not normally incur, but receipts will coincide with your diary, and show the exact amount you paid.

10. Make sure that all correspondence from the third party or their representative is passed on to your insurance company or solicitor.

T.C

Although motorcycle related (as this is the area I specialise in), you may also find this usefull as well if you decide to instruct solicitors for your injury or to fight your uninsured losses.

This is actualy my piece from my monthly column in the magazine I write for!

How do you know if your solicitor is any good?

As a motorcyclist, it is probably fair to say that one of our biggest worries or concerns as a rider is being involved in an accident, particularly an accident where we end up being injured. Having a crash is bad enough in itself and for many it is a harrowing and stressful experience and the thought of having to take legal action to seek redress often makes the worry even greater. A question I get asked on a regular basis is “How can I ensure that the right solicitors are appointed to look after any claim I might make, particularly in cases involving injury?”

Well let’s start at basics and firstly explain how a solicitor can be appointed. There are in the main two ways, one is through a legal expense insurance which often forms part of your road risk policy and solicitors on that insurance company’s panel are appointed to look after your interests. The other way is for you to appoint your own solicitors and have your case funded under a No Win No Fee agreement or to give it its proper name a conditional fee agreement.

It is important that as the client, you have full confidence in the law firm or solicitor appointed to handle your case. Many law firms will profess to having experience in handling motorcycle claims, only to find many months down the road that they really have no experience and in many cases no interest in dealing with motorcyclists at all. So what can you do to ensure that the best person is looking after your claim? Well quite simply asking a few pertinent questions should give you a good indication. “So what questions do I ask?” I hear you all shout, well I will tell you!

Firstly, what associations do they belong to? A solicitor who deals with injury claims should at the very least be a member of the Association of Personal Injury Lawyers (APIL) or the College of Personal Injury Layers (CPIL). Many are members of the Law Society Personal Injury Panel, The Motor Accidents Solicitors Society (MASS) and those who deal with catastrophic injury claims will also often have an association with organizations such as Headway, The Spinal Injuries unit or the National Association of Bikers with a Disability (NABD).

What do they know about motorcycles? You will be amazed how many will profess to know about bikes simply to get your business, so if you are asked “What bike do you ride?” say something like “CBR!” If they then ask “Is that a Suzuki?” (or something else) start worrying, however, if they ask “Is that the 600, 900 Fireblade or a Blackbird?” Then you are well on your way. In some cases there may be an in house specialist which is fine, but you need to ensure that they are at least familiar with the peculiarities of motorcycling.

How many motorcycle claims have they handled over say a 12 month period? Some may have only had one or two others may have dealt with considerably more, it never hurts to ask the question.

What is the biggest settlement of a claim where circumstances were of a similar nature? This may give you an indication as to whether they feel that you have a good case.

How many times have they taken a case to trial? 99% of cases settle without going to trial, but you want someone who is relatively experienced in taking a case to trial and will fight your corner for you.

Do they use accident reconstruction experts (for the more serious cases) or accident investigators? Some firms like mine have people like me who can respond immediately Well, normally within 24 hours) to any motorcycle accident. In these situations, statements can be obtained early, the scene can be visited and photographs and sketch plans prepared, but most importantly I can report back to my senior colleagues what I feel the chances of success are. Many riders will happily talk to a fellow motorcyclist or someone with a motorcycle background because we talk the “language”, some firms use civil engineers or chartered engineers as the investigation experts who are often great at number crunching but often have very limited knowledge or experience of motorcycling.

How would the case be handled? This should be explained to you from the outset, but some solicitors are better than others on this front. Don’t be afraid to ask, after all it is your welfare that is at stake.

If you can, pay the firm a visit. I appreciate that this may be difficult if you live in London and your legal insurers appoint someone in Carlisle, but often a personal visit will give you a good indication of the sort of firm you are dealing with. Are they a small two man operation with files strewn all over the floor and bursting at the seams or do they work from decent premises with a good backup and support staff? First impressions can make all the difference.

Remember, if you need to employ the services of a solicitor, you are the client, you are the one who is ultimately employing them, and therefore it is only reasonable to expect a professional level of service. If you are not 100% happy that they will provide the service that you expect, then walk away or speak to your legal expenses insurer and discuss your concerns with them, after all there are plenty of firms out there who will be only too pleased to look after you.

matt85

Thanks guys.

So far it is upto this stage:

I have phoned my insurance company to report all the details, circumstances of the accident. I have also passed on all of the guys contact details to them and they said they will deal with it. I also rang the doctor who recommended i go to to A+E instead, which is what i have just done. The A+E Doctor thinks that it is just a stiff neck and nothing really serious but to expect neck pain for a few days at least.

whilst in A+E the insurance company attempted to contact me but couldnt as my phone was switched off. They have left a voicemail and when i returned the call the girl responsible has gone home so will presumably contact me on Tuesday morning.

Im hoping that it gets sorted as soon as possible as with the new purchase of the Pug 205 (today as well, of all days!!) the £300 which my Dad was going to give me for the Orion was going to tidy me over until my loan comes through. So now its the bread and water diet until September 12th. Fingers crossed.

If theres any more developments i will keep you posted.

Thanks to all that have contributed to this thread it has re-assured me no end!