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smithy101 05 June 2007 02:04 PM

help with accident claim......
 
In march i was involved in an accident when someone did a u turn in front of me and i ran into the side of them.I had a whiplash injury which i claimed for but the 3rd party are not admitting liability so the case goes on.I have been going to physio and have 2 sessions left.
On sunday I was sitting at the lights when a car could'nt stop in time and went in to the back of me.The problem is i now have back and neck ache but i'm wondering if you can claim for an injury while another one is going through?

gpssti4 05 June 2007 02:22 PM


Originally Posted by smithy101 (Post 6987468)
In march i was involved in an accident when someone did a u turn in front of me and i ran into the side of them.I had a whiplash injury which i claimed for but the 3rd party are not admitting liability so the case goes on.I have been going to physio and have 2 sessions left.
On sunday I was sitting at the lights when a car could'nt stop in time and went in to the back of me.The problem is i now have back and neck ache but i'm wondering if you can claim for an injury while another one is going through?

Don't see whay not. The accidents are unrelated, and, if the first injury had improved - with doctors/physico's notes to prove, then why not.

Good luck with it.

Snazy 05 June 2007 02:25 PM

As above, I would agree, if they can see further injury, course you can.

Good luck with it, and get a Hans Device for cripes sake

Sorry for the poor quality of the humour.

monkeysan 05 June 2007 02:30 PM

can we have a whip round to buy you some LUCK???

harsh times youngster

BigStu 06 June 2007 09:04 AM

In layman terms, yes, you are able to claim for both personal injury claims. However, you will not receive twice the total compensation. The insurers concerned will share the payout.

To ensure that both claims are successful, you must declare both accidents to the medical expert (the expert arranged by your solicitor) and ensure that the symptoms are consistent. :thumb:

Otherwise, the third party insurers may turn round and allege that you have attempted to deceive the medical expert in an attempt to obtain more money. This in turn will destroy your credibility. :(

andythejock01wrx 06 June 2007 12:27 PM


Originally Posted by smithy101 (Post 6987468)
In march i was involved in an accident when someone did a u turn in front of me and i ran into the side of them.I had a whiplash injury which i claimed for but the 3rd party are not admitting liability so the case goes on.I have been going to physio and have 2 sessions left.
On sunday I was sitting at the lights when a car could'nt stop in time and went in to the back of me.The problem is i now have back and neck ache but i'm wondering if you can claim for an injury while another one is going through?


Yes you can, although if it is made clear to the 2nd insurer that there has been a pre-existing injury then they may want to contact the first insurer and agree what proportion each pays.


Andy Mc

smithy101 06 June 2007 02:04 PM

Thanks for the replies.....The problem is that in the first accident the other driver is claiming it was my fault (even though it blatantly was'nt) and i was only 3rd party so i won't get anything if the insurance company decide it's a 50-50 claim.I was'nt driving my subaru.
Does anyone know what would happen if the insurance companies decide that the 1st accident was 50-50 and i still go ahead with the 2nd one who's insurance company have admitted liabilty?

My head is spinning with this at mo:confused:

stann01 06 June 2007 05:08 PM

i`m still waiting to hear about my claim from march last year.
i`v e had 3 bouts of physio which helped but still get aches and pains.
the guy slammed into my rear while i was waiting at a t junction, wrote the scooby off and his insurance want to do a 50/50 ?:wonder:

hope you get it all sorted fella.

Maz 06 June 2007 08:21 PM

Not one to generalise or make assumptions, I do not wish to cast aspersions on the veracity
of your injury. However I wonder how many whiplash claims are genuine?

The rookie 06 June 2007 08:41 PM

If the first claim goes 50:50 then you'll get half your claim from the other party, and they get half their claim from you - at least thats how it was explained to me.

Interestingly I'm being sued by someone who claims I was doing a U-turn (In which case it would have been my fault) when I was actually turning right (so it wasn't!).

Simon

Puff The Magic Wagon! 06 June 2007 09:11 PM

Take you as they find you.

Doctor(s) will need to apportion damage to each accident.

IE if you were badly damaged by the first, then little by the second then you would have a percentage worked out accordingly - then in liability terms that % is worked out according to liability in each case

Easy :D

(Or so says my wife)


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