Fraudulent Injury Claim

EvianBaby | 08:12 Sat 03rd Aug 2013 | Law

38 Answers

After the minor car accident I mentioned on here a while back, I learned this week that the driver of the taxi I hit is claiming compensation for injury. Backache, neck ache and head ache so I understand, which I guess amounts to whiplash.

Someone came out and inspected my car yesterday. The sum total of damage equates to a slightly cracked number plate (not even damaged enough that I need to bother replacing it). On the car I hit the rear bumper only suffered some slight cosmetic damage.

The guy who inspected the car told me that it's designed to take an impact of up to 5mph and as the number plate wasn't even properly cracked, he didn't feel it was consistent with any injury being claimed. My insurance company seem certain it's fraudulent but then they're my insurance company so they would defend it wouldn't they.

One thing that concerns me is that the front of my car has some historic damage. After someone skidded into me 4ish years ago which resulted in some damage to the front grill. I mentioned this to the inspector yesterday and he didn't seem certain if this would cause me an issue (if they think the damage is as a result of the recent bump and I'm lying). He also had a look under the bonnet and confirmed there was no movement in the chassis but he did notice I had the fan replaced (although I should be able to prove that was done before the accident).

So I'm just wondering what's likely to happen next? I've got to write out a statement and return to my insurance comp. but while I'm certain there's no way the guy was injured from this very small accident I'm concerned the unrelated damage to my car could cause me problems.

If they decide his claim is fraudulent (it might be with noting that he had 3 passengers/customers at the time and I don't think they have claimed any Injury) will they just tell him to take a running jump and that be the end or would it really end up in court?

Seems such a waste of time and money to me for all the people to be involved in something so stupid.

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ummmm

I was hit in similar circumstances. My injuries were I felt my shoulder was a little bit bruised from the seat belt.

I thought they were changing the rules for whiplash claims and anything under a certain speed cannot be claimed for?

EvianBaby

Question Author

Because it will effect my insurance premium Bednobs. Besides which, I'm concerned about what problems the historic damage might cause me. And I'm annoyed some little chump is trying it on. (In my opinion).

bednobs

it will affect your insurance premium whether he claims for whiplash, and is successful or not. Your insurance company is still doing the same amount of work (probably more) to defend it. As soon as you hit hom and told your insurance company, your insurance premium would have been affected I don't understand what damage you think historic damage might cause you? you mean it's going to make your car fall apart?

DJHawkes

it is annoying but that's why we have insurance and part of the deal is that if you are at fault your insurers pay out and recoup their loss via your premiums, unless you paid for the protection but even then they'll get it off you next year.

EvianBaby

Question Author

No Bednobs, if you read my post I'm concerned they may not believe the historical damage is historical and that is happened as a result of my hitting him, which would help his case.

bednobs

but so what if it does?
what you think about whether it's fraudulaent or not has no bearing, it'll be up to the insurance company to decide, not you, or up to the court if it gets that far. It would probably be far cheaper for them to just pay him than defend it, and there is nothing you can practically do about it, so why worry?

DJHawkes

an insurance assessor from his insurance company would only need to look at your car if you were claiming off him for the damage surely? you've admitted liability isn't that all they need from you?

EvianBaby

Question Author

Okay okay, I've never been involved in any insurance claim before. I apologise for my clearly stupid question and being concerned that I'm being done over.

bednobs

if anyone is being done over it's your insurance company :)

Barmaid

Evian - the insurance co are clearly concerned - this is why they have sent someone out to look at the car. All you can do is provide a statement - set out in the statement that there was historic damage. The insurance co will decide whether it is worth fighting. If they think it is dodgy they will may tell him to take a hike and then it is up to the Claimant to decide whether to continue with his claim or not. If he continues it will either settle before Court or will end up in Court. You may have to give evidence if the Claimant disputes that the damage was historic, but all you do is turn up and say "yes it was historic, it happened * years ago when someone ran into me". Unless the Judge thinks you are lying (and Judges in the County Court rarely thinks anyone is lying) your evidence will be accepted. The insurance co may just decide to pay out since I imagine he is not going to be able to claim for a long term injury and therefore the level of damages is only going to be a couple of grand. It will cost them more in legal costs to fight it so on a commercial basis they might just pay up.

it wont make any different to you, because as has already been said, you have admitted liability and thus you have a "fault" accident on your driving record.

DJHawkes

I wouldn't take it as a personal thing against you as the taxi driver doesn't know you, he may or may not be swinging the lead but he is allowed to make the claim. your historical damage after 4 years would show signs of age anyway, was the earlier accident not part of a claim you made 4 years ago?

sandyRoe

Wasn't there something on the news recently saying that insurance companies are going to take a more robust approach to defending these type of claims?

pixie373

It's not a stupid question at all. I was worried for the sane reasons as you. However, it is down to the insurance companies now, and whether he is successful or not, won't affect you any more than the accident has already. It is your insurance company's problem now. That's what you pay them for, so leave it for them to worry about x

sara3

my first "low impact" accident resulted in permanent damage to my eye.

if you caused the accident it may well affect your future quotes (regardless of what's paid out) unless you've protected your no claims. you'll just have to sit back and let the insurers do their thing.

factor-fiction

You can't influence what happens regarding the other driver's personal injury claim so it's best just to leave it to your insurance company. The passengers can submit a claim at a later date but again it's not your problem now. I'm not sure whether things have changed but whiplash claims don't require much medical evidence for smallish claims (maybe £1000) and insurers don't usually find it worthwhile to defend small claims, but if he is claiming major injuries- lost wages etc- then medical evidence will be required. But your insurers deal with that

joko

he may have had an existing next/back problem, and your bump has just made it worse

that happened to me many years ago - many would probably have been fine - maybe a slight ache, that would have gone after a while - but because i have hyper mobility and was already having neck problems, the whiplash caused me much more pain and suffering - and actually, ten years later is still not right - it caused permanent damage.

EDDIE51

There is nothing you can do about any of this it is down to the insurance company. But even if you are found to be blameless your insurance will be increased, this is because you now have a 'claim history' and the insurance assume that you have an increased chance of making future claims. My daughter parked her car correctly in a car park and returned to find someone had driven into it and driven off without leaving contact details. Her car was damaged to the point where it had to be towed away for repair. Her insurance increased for the next 5 years, when she asked why she was told it was because of her 'claims history'