Whiplash claim
#1
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Whiplash claim
My partner was a passenger in a works car when he hit another car, she's been to the docs who said she has whiplash and shouldn't drive but could work, her work is 25 miles away, she is intending to go to work but not drive while there, she has been told that she will get full pay as it was an accident at work, well she has told me one of her gaffers said stick a claim in, but would it really be worth it if they are giving her full pay ? And would it harm her claim if she did drive to work against her doctors advice ?
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#3
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My advice would be to find a specialist PI solicitor and speak to them, not ask on SN
BUT
Of course your wife can claim on the Company Insurance for injuries received whilst a passenger. The fact that she is on "full pay" is irrelevant as if they didn't, then the claim would make up for any money lost by not being on full pay, through being unable to work through injury.
She will receive compensation for the "pain & suffering" relevant to actual "pain & suffering" as a result of the accident.
She should follow her doctor's advice as if she does drive, then the other side (insurers) might argue that her injury was less than it actually was - because she was able to drive...
Have her get a lift/take a cab and have her keep a log of all the times that her injury affects her and any costs that may arrise directly as a result of this.
But go find a specialist PI solicitor not a claims management company.
BUT
Of course your wife can claim on the Company Insurance for injuries received whilst a passenger. The fact that she is on "full pay" is irrelevant as if they didn't, then the claim would make up for any money lost by not being on full pay, through being unable to work through injury.
She will receive compensation for the "pain & suffering" relevant to actual "pain & suffering" as a result of the accident.
She should follow her doctor's advice as if she does drive, then the other side (insurers) might argue that her injury was less than it actually was - because she was able to drive...
Have her get a lift/take a cab and have her keep a log of all the times that her injury affects her and any costs that may arrise directly as a result of this.
But go find a specialist PI solicitor not a claims management company.
#5
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What would she claim for???????????????
She's getting full pay.
This is why Britain is going to the dogs. People think they have a right to free money.
The only thing she should be compensated on, is any increased cost of getting around if that cost is more than what it would cost if she was driving. And that should be paid by the car that hit her.
She's getting full pay.
This is why Britain is going to the dogs. People think they have a right to free money.
The only thing she should be compensated on, is any increased cost of getting around if that cost is more than what it would cost if she was driving. And that should be paid by the car that hit her.
#7
Whiplash claims are a farce these days.
I genuinely did have whiplash, bruising and swollen around the shoulders with limited head movement for about a week. Off work for 2wks, in a neck collar for a week.
1st offer, £400, refused. 2nd offer £500 refused, 3rd and final offer £540 otherwise they would let it go through court.
I caved in there and took the £540 as I really couldn't be bothered with having to go to court.
For those that are 'pretending' to have whiplash, it's really not worth the effort anymore.
My payout for that measly amount took 11mths. Absolute joke.
I genuinely did have whiplash, bruising and swollen around the shoulders with limited head movement for about a week. Off work for 2wks, in a neck collar for a week.
1st offer, £400, refused. 2nd offer £500 refused, 3rd and final offer £540 otherwise they would let it go through court.
I caved in there and took the £540 as I really couldn't be bothered with having to go to court.
For those that are 'pretending' to have whiplash, it's really not worth the effort anymore.
My payout for that measly amount took 11mths. Absolute joke.
Last edited by LEO-RS; 04 February 2011 at 12:37 PM.
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#8
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As Puff says, a claim can be made against her own employers insurance ie a liability claim on the basis that they are vicariously liable for the actions of one of their employees ie through a solicitor.
Having said that, whether you want to pusue it in that way depends how bad the injury is (ie more than just a few days). Looks like the employer will pay the wages anyway.
It's important to attend the doctor's so the matter can be evidenced.
Having said that, whether you want to pusue it in that way depends how bad the injury is (ie more than just a few days). Looks like the employer will pay the wages anyway.
It's important to attend the doctor's so the matter can be evidenced.
#9
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Whiplash claims are a farce these days.
I genuinely did have whiplash, bruising and swollen around the shoulders with limited head movement for about a week. Off work for 2wks, in a neck collar for a week.
1st offer, £400, refused. 2nd offer £500 refused, 3rd and final offer £540 otherwise they would let it go through court.
I caved in there and took the £540 as I really couldn't be bothered with having to go to court.
For those that are 'pretending' to have whiplash, it's really not worth the effort anymore.
My payout for that measly amount took 11mths. Absolute joke.
I genuinely did have whiplash, bruising and swollen around the shoulders with limited head movement for about a week. Off work for 2wks, in a neck collar for a week.
1st offer, £400, refused. 2nd offer £500 refused, 3rd and final offer £540 otherwise they would let it go through court.
I caved in there and took the £540 as I really couldn't be bothered with having to go to court.
For those that are 'pretending' to have whiplash, it's really not worth the effort anymore.
My payout for that measly amount took 11mths. Absolute joke.
#10
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I was driven into in april of last year and had a very bad case of whiplash still suffer with stiff neck now and pain when i turn i used a solicitor called coyne and learmonth based in liverpool it took about 9 months for the claim to go through and they managed to get me £2625
If i were in your wifes situation if the whiplash is causing major pain and discomfort claim
If i were in your wifes situation if the whiplash is causing major pain and discomfort claim
#11
I was pi**ed at the figure and with the amount of time that it took especially when I read stories of those blatantly faking it and getting £1000 compensation within a month or so.
Saying that, these were historical claims, I think the insurance companies have cottoned onto false whiplash claims and the amounts they have been paying have been reducing each year.
#12
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You say she is injured therfore she is entitled to claim for persona l injury not just the loss of earnings etc,
My whiplash claim paid me out £3200 in 2008 and took 5 months to sort out, I dont mean to sound harsh but if it took 11 months and you only got £540 then you didnt push the claim correctly or had a very poor solicitor doing it for you, i had to do half my solicitors job for mine also as they wernt doing the things they should, i learnt very quickly if you keep pestering them your claim gets sorted faster and for more money. You should have had over £1000 minimum i would think with what you have said,
I do have proof of this a 3 of us were in the same car all claiming through the same solicitors given by the other parties insurance, I called them on a weekly basis after the first 2 months till they sorted my claim, the other 2 guys never rang and they wernt sorted when i had my cheque, I rang for one of them and pushed and pushed for settlement, he got a check an month after me. The other guy i didnt personally know that well so never offered help and he still hasnt been paid out to this day and that was 2 years ago. You dont ask you dont get.
My whiplash claim paid me out £3200 in 2008 and took 5 months to sort out, I dont mean to sound harsh but if it took 11 months and you only got £540 then you didnt push the claim correctly or had a very poor solicitor doing it for you, i had to do half my solicitors job for mine also as they wernt doing the things they should, i learnt very quickly if you keep pestering them your claim gets sorted faster and for more money. You should have had over £1000 minimum i would think with what you have said,
I do have proof of this a 3 of us were in the same car all claiming through the same solicitors given by the other parties insurance, I called them on a weekly basis after the first 2 months till they sorted my claim, the other 2 guys never rang and they wernt sorted when i had my cheque, I rang for one of them and pushed and pushed for settlement, he got a check an month after me. The other guy i didnt personally know that well so never offered help and he still hasnt been paid out to this day and that was 2 years ago. You dont ask you dont get.
#14
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Whiplash claims are a farce these days.
I genuinely did have whiplash, bruising and swollen around the shoulders with limited head movement for about a week. Off work for 2wks, in a neck collar for a week.
1st offer, £400, refused. 2nd offer £500 refused, 3rd and final offer £540 otherwise they would let it go through court.
I caved in there and took the £540 as I really couldn't be bothered with having to go to court.
For those that are 'pretending' to have whiplash, it's really not worth the effort anymore.
My payout for that measly amount took 11mths. Absolute joke.
I genuinely did have whiplash, bruising and swollen around the shoulders with limited head movement for about a week. Off work for 2wks, in a neck collar for a week.
1st offer, £400, refused. 2nd offer £500 refused, 3rd and final offer £540 otherwise they would let it go through court.
I caved in there and took the £540 as I really couldn't be bothered with having to go to court.
For those that are 'pretending' to have whiplash, it's really not worth the effort anymore.
My payout for that measly amount took 11mths. Absolute joke.
I'm going through a claim now and the the 3rd party are dragging their heels and not responding. So my solicitor is now issuing county court papers.
#15
I have had W/L twice.
Proper W/L can be quite painful and can last quite a while. First time I had it was after a rear end on a D/C. Car hit me at about 20mph whilst I was sat at a red light at 5am. Was sore for about 3-4 days. Did not claim, not bad enough IMHO and the guy made a genuine mistake.
Second time I had it was after a crash on the track. Was about 60mph impact at 1 o'clock (the worst angle!). Felt fine at the medical ctr, went home, over next few hours neck started to really hurt. Was very stiff for a good 5 days, and took about a month for my neck to feel right again. Still get the odd twinge now though several years later!
Wish I had HANS... but you live and learn.
HTH!
Proper W/L can be quite painful and can last quite a while. First time I had it was after a rear end on a D/C. Car hit me at about 20mph whilst I was sat at a red light at 5am. Was sore for about 3-4 days. Did not claim, not bad enough IMHO and the guy made a genuine mistake.
Second time I had it was after a crash on the track. Was about 60mph impact at 1 o'clock (the worst angle!). Felt fine at the medical ctr, went home, over next few hours neck started to really hurt. Was very stiff for a good 5 days, and took about a month for my neck to feel right again. Still get the odd twinge now though several years later!
Wish I had HANS... but you live and learn.
HTH!
#16
What would she claim for???????????????
She's getting full pay.
This is why Britain is going to the dogs. People think they have a right to free money.
The only thing she should be compensated on, is any increased cost of getting around if that cost is more than what it would cost if she was driving. And that should be paid by the car that hit her.
She's getting full pay.
This is why Britain is going to the dogs. People think they have a right to free money.
The only thing she should be compensated on, is any increased cost of getting around if that cost is more than what it would cost if she was driving. And that should be paid by the car that hit her.
Les
#18
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look, make the claim. simple as. missus is entitled to it and is obviously in pain. dont go against a medical professionals advice! what if she were to have another accident whilst driving herself, very messy can of worms. all taxi fares incurred will be reimbursed . my missus hit the back of someone last year her claim against her ended up totalling around 15k, half of that amount was personal injury alone. yes, there is and always will be people that take the pi55, but she was not at fault, has been suffering considerable discomfort and has been unable to go about her life as normal! is that not why compensation is paid anyway? oh and btw, enjoy your holiday.
#19
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A car pulled out in front of my Classic 4 years ago & jarred my neck to one side.
It took around 3 weeks to come out & I still suffer with it now so be aware it could be long term!
I think the same of ambulance chasers - puts all our premiums up but if she's been genuinely hurt then she needs to be compensated for pain & suffering.
It took around 3 weeks to come out & I still suffer with it now so be aware it could be long term!
I think the same of ambulance chasers - puts all our premiums up but if she's been genuinely hurt then she needs to be compensated for pain & suffering.
#20
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I don't understand how money compensates some injuries such as whiplash. What exactly will 2000quid for instance actually do for someone as a way of compensation? I can understand someone getting compensated for an injury that would be life altering but for just a bit of discomfort? Na!
#21
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That's how I see it too. Used to be a Team Leader with a motor insurer and had to decide payments to be made on whiplash claims. Didn't think it was wrong in principal provided there was sound medical evidence to substantiate the claim.
#22
Mrs is going through a claim at the moment after an old guy pulled out on us on our way back from our hols, the solicitor we are using said we could both make a claim but only my wife was suffering any discomfort so thats all we have claimed for, she has already been offered £2400 but the solicitor has said this is too low although we would have been happy with half that amount.
It has only taken 4 months to get to this stage so for the poster who got £540 I'd say there is something really wrong
It has only taken 4 months to get to this stage so for the poster who got £540 I'd say there is something really wrong
#23
What would she claim for???????????????
She's getting full pay.
This is why Britain is going to the dogs. People think they have a right to free money.
The only thing she should be compensated on, is any increased cost of getting around if that cost is more than what it would cost if she was driving. And that should be paid by the car that hit her.
She's getting full pay.
This is why Britain is going to the dogs. People think they have a right to free money.
The only thing she should be compensated on, is any increased cost of getting around if that cost is more than what it would cost if she was driving. And that should be paid by the car that hit her.
She was under the responsibility of her employer and she should have the maximum amount of monies paid for any grievances caused and the final amount to factor future problems.
#24
It's your fault
I was just sat at my desk reading this thread when I noticed a new comment...My head jerked round and now i have whiplash apparently according to my solicitor - so I'm suing Scoobynet
How could you do this to me....emotional and physical harm
I'm getting RSI typing this as well.....aaaaaargh
I'll be a millionaire by Christmas
How could you do this to me....emotional and physical harm
I'm getting RSI typing this as well.....aaaaaargh
I'll be a millionaire by Christmas
#25
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I was just sat at my desk reading this thread when I noticed a new comment...My head jerked round and now i have whiplash apparently according to my solicitor - so I'm suing Scoobynet
How could you do this to me....emotional and physical harm
I'm getting RSI typing this as well.....aaaaaargh
I'll be a millionaire by Christmas
How could you do this to me....emotional and physical harm
I'm getting RSI typing this as well.....aaaaaargh
I'll be a millionaire by Christmas
#26
Seriously?
Hell Handcart and a to going in
Arrange these words to make a well known phrase
Every one of you halfwits who thinks making a massive claim for a minor inconvenince should be ashamed
You reap what you sow
Arrange these words to make a well known phrase
Every one of you halfwits who thinks making a massive claim for a minor inconvenince should be ashamed
You reap what you sow
#28
To the few posters above, I know whiplash is seen as a easy money maker by a lot, normally surrounding car insurance claims.
Actual lash with permanent spinal injury is a proper life wrecker, sometimes only taking full effect years down the line.
Actual lash with permanent spinal injury is a proper life wrecker, sometimes only taking full effect years down the line.
#30
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