car accident - help/advice needed HELP HELP HELP

[trapdoor]

Hi There,

Ok so........

I was involved in a car accident Sept/Oct last year. let me tell you a little about it to help you help me.

Sitting in heavy rush hour traffic at a roundabout. The woman in front of me sets off and goes over the line, I turn to look for other cars - its clear - so I set off. I turn to look forward to she she had stopped and I bumped into the back of her. We both pull over and look at the damage. Because i was moving from a stand still I wasn't travelling fast and so she had chipped paint on her car and I had no damage. She asked if I was ok as I was heavily pregnant at the time, I replied that I was. I in turn asked her and she said yes. She then took my name, number and reg plate and said that she would call me to let me know the price for the re-spray.

Today, I received a letter from a company acting on her behalf stating that she received soft tissue damage to her neck and back?? It also states that I will be receiving a copy of the police report shortly?? we did not call the police, and she drove off before me so i know she didn't call them after I left.

I sold the car involved back in August and cancelled my insurance as I don't have a car. What would now happen??
Also how can I argue that she stated she was fine at the time and received very minor damage to the car??
If she had received an injury at the time should she not have called the police there and then??

Any advice greatly appreciated
Many Thanks
Carey

[ummmm]

To be fair sometimes you don't know you've been injured until a few days after. The same thing happened to me a few years back and my neck was really sore and bruised a few days later. Personally I wouldn't have dreamt of claiming for something so minor.

You were paying premiums for the vehicle at the time of the accident. You gave her the details at the time so let the insurance company sort it out. They will probably contact you for your side of events...

[trapdoor]

Thanks ummmm

Sorry, so now have no insurance would/will I have to pay out to her??
x

[chrissa1]

I had ro re-read your question and saw that this happened Last Year!!!
As ummmm said, you were covered then by your insurance but I think your insurance company will tell her to go and take a running jump. Has she been "in agony" for 13 months and only now decided to do something about it? I don't think so. Let your insursance co sort it out.

[ummmm]

Because you were covered at the time it's down to your insurance company. Her insurance will inform yours..and yours will contact you to find out what happened.

[chrissa1]

It sounds like she has just thought about trying to claim. "Shy bairns get nowt" and all that.

[BertiWooster]

//Also how can I argue that she stated she was fine at the time and received very minor damage to the car??
If she had received an injury at the time should she not have called the police there and then??//


The symptoms of whiplash - a neck sprain or strain , caused by a
hyperextension ( neck whips backwards ) and and hyperflexion. ( when it goes forwards.) - does not always / usually occur at the time of incident .
Indeed it can take hours / days / weeks / months to develop

Medical opinion is that ' whiplash' can be caused at relatively low impact speed , as low as 5mph .
Unfortunately defendants are on the back foot with respect to these claims .
If I say to you my neck hurts - how are you going to prove it doesn't ?


// ..but I think your insurance company will tell her to go and take a running jump//

Really ? - Well , they could , but it wont do them any good .
You can make a claim for injury at any time , up to 3 years from the incident date .

What the insurance company should state in their reply to the claimant's representative , is that this was a ' Low Velocity Impact ' - those exact words should be used .
This will signal that they will be arguing as to the severity and duration of any injuries suffered .

[BertiWooster]

//..This is how it works here in Ireland and I trhink a similar procedure is on the cards for the UK //

I'm not aware of this - where have you got this from ?

[chrissa1]

Sounds like you work for one of these "claims" companies Bertie.

[sara3]

someone rear-ended my car and my whiplash came on about 5 days later, and nerve damage problems became evident with problems with my right eye. I felt okay at the time of the (relatively) minor impact. and I had to have an operation on my eye 10 years after the accident.

her insurance company may have told her to report it to the police.

[BertiWooster]

// Sounds like you work for one of these "claims" companies Bertie. //

No - i'm just stating the reality of the matter .

You could say that i'm standing on the other side of the fence