Someone drives into the back of me...now claiming i rolled back into them?

And even though you didn't, who cares if you did roll back slightly easy enough to happen if it is on a hill or any kind of half decent incline.

Unless you rolled back excessively, say more than a couple of feet you really shouldn't be so close to the car in front (especially on an incline) that a very minor rollback as you go from brake to gear / acceleration should be an issue.

If it is then surely the person behind was too close in the first place and it's still their fault.
 
Report all RTAs to the police instantly and make it clear to the other party. Suggest the other does the same.

Don't have to waste much police time, just walk into a station and fill out a form.

Would take a lot of nerve to start lying with knowledge that it the accident is on police record now (even though it makes no difference).
 
I don't understand why there aren't harsher penalties for fraudulent claims and/or why they aren't investigated more thoroughly.

I'd like to see people banned from driving or put on a register which massively increases their insurance premiums such that they technically cover the extra costs they have imposed on the market by committing fraud.

I mean if an entire car happens to been claiming for whiplash why not conduct a thorough investigation in the same way the Government do with people claiming disability benefits. I personally think whiplash claims should be limited to severe cases only and people should just be forced to accept there are inherent risks with driving a car regardless of who is to blame.

Something similar happened to me and I refused to back down and was happy to goto court - not really a problem as I was a student bum at the time. It went my way because although insurance companies are ******* useless the evidence that I did have (scenario, photos, texts from the driver of the other car apologising!!!!!) highly suggested the driver and passengers were drunk at the time of the accident.
 
It's a freaking joke. On the other hand I Know a lot of motorcyclists who have cars doing crazy crap in front of them. Many of them have been injured and have struggled with there legit claim.
 
All of this time, effort and expense because some dozey cow couldn't just own up and have the damn balls to say "ok, sorry, i hit your car - and no, i don't have whiplash".
 
Some complete scum out there! Hope this turns out OK for you. Coincidentally, last night as I was walking home I heard a crash and turned round to see a woman had reversed into a main road and hit the side of another car which was driving up that road. It was quite weird, there was no skidding sound before the crash, and when I turned round the car on the main road was just completely stationary, so I don't know how she was able to stop so quickly. Anyway, they both pulled over and the one woman started screaming at the other one, it was quite funny actually. It seemed like a very slow speed crash, so I actually wondered if they'd faked it for some reason, especially since some of the shouting sounded fake/jokey.

Anyway, luckily I have never had an accident, but if I do I plan to whip out my phone and do some filming immediately (assuming I am able) so I can avoid any lying ****s trying to pull one over.
 
russ9898 said:
A further update -

I today find out that the solicitors representing me are also representing the other parties passenger in her whiplash claim. The insurance companies suggestion (bearing in mind I have legal cover) is to "try and find a no win no fee solicitor as there is lots of them out there". Needless to say I got onto my insurance broker, who have thankfully called me back this afternoon with an alternate solicitor.

Call me cynical but the same firm of solicitors representing both sides of the case? lol Conflict of interest!
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If the insurance company are suggesting you get a no win no fee solicitor suggests they know something and are saying you are possible going to lose?
 
Would I be wrong in thinking that the reason your insurance company who you have legal cover with, who are representing both of you have told you to find a no win no fee solicitor are telling you this because they think they can make more money out of the other party right or wrong?

I mean it stinks either way but as your only wanting the cost of the repair and lost of valve on the car they might be thinking we are more likely to get more money or win the other case easier from the other party. You case will take a lot of time and man hours at guess so would cost them more against a quick not much hassle whiplash claim.

Happy to be corrected on this just my backwards way of thinking. Just food for thought maybe.

I really hope you win and get something for all your trouble,
 
It's pretty unbelievable how many dishonest people there are. I have heard of similar stories.
I really do hope you win the case.

Something really needs to be done about all these fraudulent claims. I am seriously considering putting a camera in my car now...
 
I was always under the impression a rear end collision meant the person behind was always liable (but not necessarily at fault as a "rollage" scenario can occur)?
 
So, to post something I have a few times in the past, what's the point in legal cover? Where's the value?
 
Ricochet J said:
I was always under the impression a rear end collision meant the person behind was always liable (but not necessarily at fault as a "rollage" scenario can occur)?
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Even if it was 'rollage' so long as it wasn't excessive it should still be the person behind's fault. There is a reason why you're not supposed to go right up the back of other cars especially on inclines or when driving along.
 
Duggan said:
Would I be wrong in thinking that the reason your insurance company who you have legal cover with, who are representing both of you have told you to find a no win no fee solicitor are telling you this because they think they can make more money out of the other party right or wrong?

I mean it stinks either way but as your only wanting the cost of the repair and lost of valve on the car they might be thinking we are more likely to get more money or win the other case easier from the other party. You case will take a lot of time and man hours at guess so would cost them more against a quick not much hassle whiplash claim.

Happy to be corrected on this just my backwards way of thinking. Just food for thought maybe.

I really hope you win and get something for all your trouble,
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I got a bit of clarification on the no win no fee suggestion yesterday. I took my policy out through a broker. This means the broker doesn't insure you but they are your point of contact as your contract is with them.

The insurance co clarified this yesterday and the broker has been excellent and got back to me with an alternate solicitor. I am going to be formally complaining to the other solicitors suggesting that they drop both cases as to continue with one puts the other party at a significant disadvantage. I feel them continuing with one case whether it is mine or the other parties would be unethical.

What people are suggesting over favouring the larger whiplash claim also rings true in my mind as well. I'm sure their fee's are a % of the overall claim so there preference is to choose the larger claim.

The general message im getting from everyone involved is the case going in my favour. The changes in story from the other party as well as a witness appearing 6 weeks later are all counting against her. The insurance co are now in favour of the solicitors issuing proceedings against the other party. Also neither my insurance co or broker have yet seen this "witness" statement nor had any further contact from her insurance co since mid July.
 
Whilst it is good news, what you've written above, it still really irks me how she can try her luck like this and even if it's found out that she's BSing and trying to pull insurance fraud, nothing will happen.

Remind me - what is the deterrent for pulling insurance fraud then...?
 
Similar thing but different circumstances has just happened to me.

I stupidly went into the back of somebody at the weekend, <5mph very little damage. Approaching a round about, looking right to see if any traffic was coming (there wasn't) and the person in front slams her breaks on, I manage to slam mine on but from me turning around to seeing her stop there wasn't enough time :(

Obviously my fault and had no problem admitting this to my insurance company. The woman I crashed into wanted to go through the insurance company, again I was fine with this.

The damage to both cars is minimum, so i'm getting it fixed myself because it'll be cheaper than my excess but she has made a claim.

The thing that has wound me up is she is claiming for damage to her car (no problem with this), and that she and her two children have whiplash! It was a <5mph bump that did very little damage (minor paintwork), her children weren't wearing seatbelts and jumping around the car. But again it's proving this, my insurance company have said it's hard to disprove and she'll probably get compensation from it.

When it happened, she was out of her car quickly, her kids were laughing and joking and she said "oh we're fine it's only a small bump, accidents happen".

OP I hope you win!
 
Black Dynamite said:
Similar thing but different circumstances has just happened to me....
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Really makes me want Google glass... real-time reporting to your insurance company would be pretty cool :D

Gaygle said:
Remind me - what is the deterrent for pulling insurance fraud then...?
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it should be that any insurance company in their right mind won't touch you with a barge pole, but weirdly it doesn't seem that way non?
 
Siliconslave said:
it should be that any insurance company in their right mind won't touch you with a barge pole, but weirdly it doesn't seem that way non?
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I agree, or they pay a massive insurance premium to highlight the extra risk associated with insuring a snivelling, dishonest little liar.

It's a bit like opportunistic theft. Everyone would be doing it if there wasn't some kind of deterrent. After all, what have you got to lose if you get caught - might as well give it a shot and potentially get £1000s out of it for no risk!
 
Black Dynamite said:
Similar thing but different circumstances has just happened to me.

I stupidly went into the back of somebody at the weekend, <5mph very little damage. Approaching a round about, looking right to see if any traffic was coming (there wasn't) and the person in front slams her breaks on, I manage to slam mine on but from me turning around to seeing her stop there wasn't enough time :(

Obviously my fault and had no problem admitting this to my insurance company. The woman I crashed into wanted to go through the insurance company, again I was fine with this.

The damage to both cars is minimum, so i'm getting it fixed myself because it'll be cheaper than my excess but she has made a claim.

The thing that has wound me up is she is claiming for damage to her car (no problem with this), and that she and her two children have whiplash! It was a <5mph bump that did very little damage (minor paintwork), her children weren't wearing seatbelts and jumping around the car. But again it's proving this, my insurance company have said it's hard to disprove and she'll probably get compensation from it.

When it happened, she was out of her car quickly, her kids were laughing and joking and she said "oh we're fine it's only a small bump, accidents happen".

OP I hope you win!
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Aren't child seats meant to be binned after an accident, especially one significant enough to cause the child whiplash?
Is she not claiming for new seats?
 
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