Car accident - what next?

[Hayles]

Hi

Was involved in an accident earlier today (hit from behind). The car I was in is a write-off.

I've been to hospital and just have whip lash. Feeling ok, just a thumping head ache and stiff neck.

Just wonder what I should do next if I am 'properly' injured? Hopefully I'll wake up tomorrow and feel fine, but what if I don't? Do I speak to my usual solicitor or get in touch with a personal injury specialist? Do I wait and see how I am in a week or so? I've never been in an accident before so it's all new.

My friend is only insured third party so her insurers won't be sorting anything on our behalf.

Just have to say the guy who hit us must be the most arrogant senior citizen in the world. He told us to stop being pathetic and get on with what we were doing it was just a little bump!!! The car's a bloody write off! Grrr. AND he gave us the wrong insurance details....

Hayles

 

[Agri-Hire]

Stick a neck support on straight away and wear it constantly.

Moan like hell at any time you are in a public place.

Tell everyone that the pain is unbearable.

Practice that painful expression in the mirror at least 4 times each day.

Go see a solicitor when you are ready!

Sue the pension out of him!

 

[Coding Monkey]

Go see a doctor and cry uncontrollably. Anytime he asks "does this hurt?" cry some more. Then phone up one of those legal companies (whilst still crying), you know the one's. Those with the awful adverts, with their presumption that anyone at home between the hours of 1-5pm must require a personal injury lawyer.

 

[mumper]

Kick his walking stick away when he's not looking :lol:

 

[DotNetWebs]

Hayles I sympathise with you. I have been hit from behind 3 times on the M25 in the last 8 years. Two were relatively minor but one involved a BMW doing 70mph (They had to cut him out of the car). Fortunately I was OK. They took me to Cherstey Hospital for observation but was released later. I was shocked when I saw the state of my car. Anyone in the back would have suffered serious injuries at best. This is on of the reasons I drive a Rover 75 now. It has a nice big crumple zone!

Anyway to your dilemma. Do you or your friend who was driving have a “Driver’s Legal Protection” Policy. The only cost a few pounds and are usually available on top of any other policy. If you do they will take care of this for you. You will have to visit one of their doctors. It is not just a physical examination they will also ask you about how they accident affected you. This report will be used to assess any compensation that may be due to you. For my big accident I got a few thousand pounds. My wife had a minor shunt from behind last year (M25 again) and got a couple of hundred.

If you pursue this route you will not have to give any of your compensation to a “no win no fee lawyer”

 

[Hayles]

He was driving a brand new volvo (I think) estate car and shouted that he's been driving since 1947 and we shouldn't have stopped (thought you did at roundabouts? no? our mistake.....)

He was just sooo awful. Never once asked how we were or apologised. :evil:

Should kidnap his guide dog :twisted:

 

[Hayles]

Anyway to your dilemma. Do you or your friend who was driving have a “Driver’s Legal Protection” Policy. The only cost a few pounds and are usually available on top of any other policy. If you do they will take care of this for you.

I think I took this out on my car insurance. Would this cover me although I was a passenger in someone elses car?

I dread to think what would've happened if we didn't have head rests. People must have suffered terrible injuries in the past before they were standard.

 

[Juvanescence]

He was driving a brand new volvo (I think) estate car and shouted that he's been driving since 1947 and we shouldn't have stopped (thought you did at roundabouts? no? our mistake.....)

That is almost the same thing that happened to me a few years back...

Except the pensioner in question sent his sons around to sort me out.

 

[Astaroth]

One thing to make very sure of is to check all your insurance policies to see if you have "legal expenses" cover (or if the driver of the vehicle you were in does).

If you have this then the claim must be done under this policy and not under the conditional funding agreement (no win, no fee) - I used to defend against personal injury claims for an insurance company and know too many people who got into a conditional funding agreement and then ended up having to pay towards the solictor themselves because we found out they did have legal expenses policy.

Not just because there is a good chance that the at fault party is insured by us - also consider if you really do want to claim. It will take a significant amount of time for you to make it, requires releasing your GP records to the third party insurance company (and having done this job for several companies there is no privicy) and potentially having to go to see a number of doctors of both your solicitors and the third party insurance companies choosing.

It can be worth waiting to see how it goes but do make sure that if you need to go to your doctors that you do otherwise you have limited proof of the extent of your injuries if they only last a few weeks but you then decide to claim.

 

[DotNetWebs]

[I dread to think what would've happened if we didn't have head rests. People must have suffered terrible injuries in the past before they were standard.

The doctor at the Hospital told me I could have been killed if I had not had a WELL ADJUSTED headrest.

 

[DotNetWebs]

I think I took this out on my car insurance. Would this cover me although I was a passenger in someone elses car?

I am not sure but it looks like Astaroth might know

 

[Hayles]

Many thanks for the advice Astaroth. Will keep it in mind and checkout my personal car insurance if nec tomorrow.

Hayles

 

[Astaroth]

Also check your home insurance etc.... the main one will be the insurance policy of the driver of the vehicle you were in at the time. Insurance companies get "membership fees" from their panels of solicitors so rarely rule out the opportunity to send a high earning personal injury claim to one of their sols.

Other than that... be warned that if you over exagerate the injury and you are caught out that the case can be dismissed and you not only get no compensation but have to reimburse the third party's legal costs.

You have a legal obligation to minimise the cost of the claim (within reason) so if there is anything you can do to help with your recovery/ minimise any other losses you suffer then make sure you do it.

Ensure there is documentary evidence - if you have to pay for pain killers (perscription or over the counter) make sure you keep receipts if you want to claim back the cost.

If you are unable to work and are self employed then the third party insurers will want to see both your last tax return and a copy of your recent books - they are not liable for any accountancy fees though so just do some photocopying (seen too many cases where people were claiming £200 loss of earnings and sent their evidence with an accountants bill for £500)

Also... needless to say... speak to a qualified legal advisor/ solicitor - I have several years experience but I left claims a few years ago and do not hold any legal qualifications.

 

[Jayne]

Glad you aren't badly hurt Hayles.

I've had whip lash before and It was bad for weeks, I had to wear one of those silly looking collars, it was so embarrassing. My insurance company sent me to a specialist for my neck, to check it was a real injury and they sorted everything else out.

You should get it checked at your docs if it still hurts tomorrow, whether you are claiming or not. Whip lash is crap when you get it for real and can take a while to get better if you don't get it sorted!


Take Care

Jayne

 

[WomenXtra]

i had the same problem.. but i decided not to ask the insurance company for any compensation. if you really need compensation..make sure a doctor see it..and keep seeing the doctor a few times a week or once every week.. asking for pain killers...

usually, the effects of wiplash, is that you might end up getting numbness in ur hand..as the neck nerves gets pressed and causing the pain. it does take time to show these symptems though Good luck Compensating.

 

[SillyJokes]

I thought if you wre hit from behind it was always the other persons fault, even in the event of you being stopped somewhere daft, but at a roundabout - perhaps after all this time the poor old chap is finally facing the decrepitude of old age.

 

[Cornish Steve]

Hayles,

I do hope you're OK. Take some time to relax and unwind. The insurance companies will still be around tomorrow.

 

[Hayles]

Thank you everyone!

Am back at work for a few hours today. Feel like a herd of elephants has walked over my head and neck

Hayles

 

[Jayne]

Have you been to the docs Hayles. You may need a collar on, they really do make it feel better?

Jayne

 

[multilingual]

shouted that he's been driving since 1947 and we shouldn't have stopped

Ah, that explains it!

He has been on a sponsored driving marathon since 1947 to raise funds for charity. That's 59 years of on-the-move fuel refills, sleeping on the back seat whilst his co-driver does a 12 hour stint and only seeing his family as they pull up along side in their camper van!

Then, with only three days to go before he breaks the world record and becomes a household name, he hits Hayles on a roundabout!

No wonder he was annoyed!

Got to start all over again now poor man

JB

 

[VeryMark]

I can recommend if needed an accredited specialist personal injury lawyer who charges nothing for his services as he collects payment from the other side.

 

[Ravenfire]

Hayles you dont need to have any other type of protection. Basically what you need to do is to get yourself a Solicitor, supply them with the information regarding the person that drive into the car (i.e. Insurance Company) and then they will take it from there.

I have worked for a Loss Adjusters so I am quite familiar with what happens, also I had an accident myself where someone drove into the back of me, then pushed me into another car.

You need to make sure that you have been to your doctors. Keep an account of any additional expenses you incur as a result of this, taxis, prescriptions, phone calls, stamps etc as you can also make a claim for these.

A lot of Solicitors will also do a no win no fee although I went through a form of Solicitors that didnt have this and they also claimed their fee back from the other sides Insurers.

HTH but if you need any more info just email me

Toni

 

[Hayles]

Thank you for all this help.

I checked my personal insurance and have all the legal cover so I'm letting them sort it out (I wouldn't have checked if it hadn't been mentioned on here)

I'm surprised at how many damn phone calls we've got already from people wanting to 'help' us. How did they get our details??

Still feeling sore. Great excuse not to do any housework

 

[Astaroth]

There is currently a lot of money to be made in these sorts of claims - generally a sols will make £300-£600 pure profit per case. They offer a lot of kick backs to people refering cases to them (the profit figure above is net of a £600 referal fee which is what we currently get) Each time people like repair garages ask about what happened, was anyone hurt etc they are really looking for leads to refer on.

 

[DotNetWebs]

Hayles you dont need to have any other type of protection.

My point about "Drivers Legal Protection/Cover etc." is that this legal cover is normally an option (if not already included) on most policies. It only costs a few pounds extra and from my own unfortunate experience is well worth the minimal extra cost.

IMHO it far better to let your own insurance companies' legal people pursue your claim rather than some ambulance chasing "No Win No Fee" solicitor. Also, as Astaroth has pointed out, if you have this cover already you may well be obliged to use it for any legal claim that you make.

 

[angelab]

Hi, just wondered if you've had legal advice yet about your accident? I'm work for a law firm who specialise in personal injury especially road traffic accidents. I'd be more than willing to provide you with my contact details for my firm who specialise in this area. Just let me know.

 

[Matt1959]

sorry to hear this Hayles, someone I know was rammed from behind, he walked away feeling a bit battered then a few days later had terrifc stomach pains and was diagnosed with torn stomach muscles. I don't think you can ever really tell whats going to develope - lots of forces involved...

 

This is a very old thread - just in case some of you didn't realise!

Hayles, hope there was no long term damage.

 

[Matt1959]

oops, theres me looking stoopid.

Angelab --- thanks for that looking at your 6 posts, all of them are touting for business, why don't you join in the community intead of being a pain in the arse?