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just hit a car from behind, how much whip last compensation could they get when i was going 5mph?
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just hit a car from behind, how much whip last compensation could they get when i was going 5mph?

i was involved in an accident today with a learner driver, basically we were on a busy main road where traffic is constantly pretty much at a stand still, lights were on green and learner driver infront passed white line but then lights flicked to amber and she slammed breaks on and stopped just past the white line, i also had to slam my breaks on from about a 7-8mph speed but my car skidded on the wet ground for a split second so i was unable to stop before hitting the rear of their car tho i must have only been doing a very maximum of 5mph at point of impact (i suspect it was more like 1 or 2 miles per hour) there was no damage at all to either car except a slight crack in the learner drivers number plate about 2 cm long. the driving instructor (who was in the passenger side) said she was fine but said the learner driver wanted to claim for whiplash. she then mentioned that the learner driver had only been hit from behind in an unmarked police car just 2 months before and was already in the middle of a whiplash claim. i totally understand i am to blame as i should have left a sufficiant enough gap to stop but i just wondered what type of compensation they can get? thanks!
Additional Details
thanks for your comments everyone, i have been back in touch with the driving instructor who said she definately would not be claiming against me as she was not injured at all (not suprising given the speed!) but said the learner did complain about her kneck hurting so thinks she may try to claim, she then went on to tell me that the other incident that the learner had been involved in with the unmarked police car was also with her on a driving lesson!!!


    




not in my yard
Who knows, it could be £200 it could much more.


Timbo is here
Going rate is up to £2000 but they will have to prove it and at 5 mph it is very unlikely. In any case it will be your third pary insurance that would be paying for it.


REV B
They will most likely sue your insurance company.


kimie
Rating
you should give learner drivers plenty of space im a learner and sometimes i stall or brake suddenly because im still getting a feel for the brakes


elfie
why is the driving instructor speaking for the learner? why can they not speak for themselves?


spudit2003
Rating
you are not to blame for this accident, usually if someone hits someone from behind the person behind is to blame, but, if the person starts accelerating and then slams on the brakes, which is not normal, then they are to blame, as they have misled you.


Jason Hess
Rating
I went through almost the same situation about a year ago. My monthly rate went up 30 bux and the girl walked away with $5,000. she complained of every sort of pain she could. Good luck to you.


jason
It could be any ones guess on the amount. It could be a couple thousand to several. Most will milk it for whatever they can get. But at least you know that she has one other claim pending for the same thing. I think since a injury already existed this little fender bender is another excuse
for this person to ask for a payday. Just my 02. ..


nosdda
Rating
That is a load of rubbish! You cannot suffer with whip lash at that speed. I was hit from behind at 45mph and i suffered no whip lash. To suffer whiplash, any Insurance company will tell you there has to be an impact at at least 50mph. A friend of minr tried to claim for whiplash when the vehicle that hit him was doing 5 mph and on the Passenger side. His claim was thrown out. Do not accept what this driving Instructor has told you.


Scouse
Rating
Talk to your insurance company and let them know your suspicions. Believe me they will want to know if your bump made the injury worse or did not affect her at all. One point to remember is that if you have worsened an already existing injury you take your victim as you find him. i do not think there is anything more frustrating then a someone involved in an accident making a claim for personal injuries when there are none.
I'm glad you admit liability it will save everyone wasting time, effort and money. So many make silly excuses which wastes time


BSMGUY
Rating
As an ADI myself, I spend a few minutes of the lesson making sure that the drivers head restraint is set properly for that driver, informing them that if it is set properly it should prevent whiplash injury....SO, someone is either screwing you for money, or failing in their instructors duty of care to their pupil.....
I think a word in the insurance company's ear might help your case.


D
Rating
its best to let the insurance company deal with it

from what you suggesting it seems this learner is learning to scam

the insurance companies are best people to deal with it


KennyW
Rating
Any compensation they try for would come from your car insurance company not you and they'll fight them all the way for every penny.
Amount claimed depends which moneygrabbing compensation claim firm they go through although seems as if the learner driver is a serial claimant!


LeAnne
Do not get involved.... let the authorities and insurance companies hash it out. This driver sounds like he/she is cruising around looking for a nest egg from other people's insurance companies.


Haggi
Rating
First thing is never admit liability insurance companies don't like it. The driving instructor shouldn't have said the driver wanted to claim for whiplash before medical aid had been sought - the driver may well not have whiplash. Your insurance company will deal with any claim and the previous incident will be taken into account - if she hadn't recovered from the previous injury should she have been driving? Make sure you report this incident to your insurance company even though there was little damage.


mamma no1
Rating
im guessing that driver saw pound signs! deal with insurance company and make them aware of previous claim, that is what you pay for.


Hamback
Rating
At that speed there should be no whiplash injury as the damage to the other car would have been much greater. The other whiplash case is still in motion and so they would only be allowed to claim once by law and if she still had the effects then she shouldn't have ben driving let alone taking lessons with a neck injury


timothy p
let your insurance company deal with it. How did she claim whiplash on the spot? Did she see a doctor? She will not get much if any especially if she already has a claim out.


kja63
Rating
I'm fairly certain no one gets "whiplash" from 1-5 mph accidents. Stay out of this. Let your insurance company handle everything -- that's what you pay them for.


jamand
Rating
As she is already involved in a claim for whiplash - it would be difficult for her to prove anything against you - she would have to categorically prove that your impact caused more damage and that is going to be virtually impossible for her to do.

Just make sure you inform your insurance company that she is already involved in a claim against the police for the same thing - it is also virtually impossible to suffer a whiplash injury at that low speed becaue that is little over walking speed and you don't get whiplash from bumping into people walking down the road.

The other thing to consider is - if she is already suffering from whiplash injury - she should not be driving as she would not have the ability to look round - part of being a driver is to be able to be fit and healthy and be able to have good all round vision and road sense and hence - you could argue that she should net even be on the road.....then, that could leave it open for you to sue the driving instructor for taking her out in the car knowing that she was injured and not able to be in full control of the vehicle.





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