Where do I stand legally ?
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Where do I stand legally ?
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Two months ago I had a little car accident where a women stalled her car at the lights and I went into the back of it. There was hardly any damage to her car but we exchanged details and we both agreed not to go through our Insurance. I have stuck to my end of the bargain and bought her a new bumper and painted it. She just needed to get it fitted ( her decision for stalling the car ) but now 2 months on, I have received a letter from her insurance company, saying she hasnt had the parts ( when she has ) and she is claiming for Whiplash, but the car was stationery. I have contacted my insurance company who said they would deal with it but I just wondered where I stood cos it was over two months ago and its already cost me £150.
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Charlene
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Never trust people in an accident. If you kept receipts give them to the insurance company. Even maybe give them to her insurance company cos I'm sure they would be interested to see she makes fake claims. Just remember that the claims people do live in the real world so know the tricks people pull. |
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Sal*UK
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Stationary or not, she could have whiplash! Highly unlikely, but always worth a try by the unscrupulous! Let your insurers deal with her - tell them precisely what you have done so far, providing receipts if possible and leave it with them! |
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mrsclaura
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i too had an accident where it wasn't my fault the other driver wasn't indicating and i hit them causing minor damage and i had a witness who later changed his story!! she also claimed for whiplash yet i was the one who went to hospital i was pregnant with a blood condition that could have killed my baby had i any bumps!! (baby is fine) yet she sued me!! brilliant justice system!! unfortunately it was found my fault and will prob be found your fault as you hit her. not fair i know but thats how is goes.
also she had no car tax!! yet the police did nothing!!! wonderful legal system we have isn't it i thought you got a fine for out of date tax??!! |
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organbuilder272
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DO you have the documentation showing that you bought the part, she received and installed the part and she gave you some document of release from further claim. Whiplash is medical, not mechanical. It has nothing to do with whether her car was micing or not. It is a reasult of a real impact and the head snapping back.
You Insurance Co. will contact hers and they will thrach it out. You mistake was not getting absolutel proof of your interaction and a realease. I hope you have the receipts fo the bumber and painting, if nothing else. |
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kj
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provide your insurance with all the receipts for parts you bought and let them get on with it
unfortunately there are some people out there who will go after money even after a tiny prang |
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Sparkles
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You ran into the back of her car, it doesn't matter if she was stationary, she still could (note the word could, not does!) have whiplash. Due to technical stuff about the transfer of forces through vehicles it is possible to have whiplash injuries at less than 5 mph.
You should have gone through your insurer. They could (that word again) chose not to cover the claim if you failed to notify them about the accident within the set period of time (check your policy).
Provide them with receipts for the parts you bought. They will ask you for info and they will investigate who is to blame (unfortunately in a rear end shunt invariably it will be the shunter and not the shunted). They will however also get medical evidence etc on the other driver's alleged whiplash injury and don't just cough up because she's asked! |
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ANF
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Write down the whole saga with receipt copies for what you purchased and inform your insurance company and let them deal with it. You should have done this initially as your no claims bonus would have been a lot less that what you have paid out. Whiplash even when stationary is likely so pass it over to the insurance as the payout could be a few thousand. |
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aires69uk OFFICIAL
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Unfortunately unless you have some sort of written verification or an independant 3rd party witness that you gave her a bumper, you don't have a leg to stand on. And if if you have got some sort of written verification or an independant 3rd party witness, it'd probably cost you more than £150 to prove it in a court of law. You did the wrong thing trying to sort it out privately and should've gone straight to the insurance company from the word go as they will be paying for this if they honour the claim anyway. And I'd have thought it's pretty common knowledge that if you go into the back of someone (even if it is by accident) there's a greater chance than not that a claim will be made for whiplash. Just put it down to experience - you took the chance to sort it out privately and it didn't pay off. |
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UCANTCME
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THIS IS WHY A POLICE REPORT IS NEEDED FOR ANY TYPE OF ACCIDENT NO MATTER HOW SMALL.
THE POLICE REPORT NOT ONLY GETS ALL THE INFORMATION BUT AT THE SAME TIME IT PROTECTS BOTH PARTIES.
CONTACT YOUR INSURANCE COMPANY AND GIVE THEM A STATEMENT AND I WOULD ALSO TRY AND FILE A POLICE REPORT IF AT ALL POSSIBLE.
GOOD LUCK. |
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Lucky Man 2
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Does sal stand for serial answerer lass?? |
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