Insureance question - small claims court wtf ??

davido_labido said:
i actually had the same, i reversed into a parked car once, just clipped it, left a not on the windscreen telling them if they have any damage (i couldnt see any) take pictures and contact me and il reimburse the cost to repair etc. They rang their insurance, told them id hit the car and they wanted it repairing (again... there was no damage, just a black scuff mark that rubbed off) my insurance paid out a very small amount.

16 months later i had a letter saying i was having a claim put against me for whiplash.

best part of it, no one was in the bloody car at the time!!! id luckily taken photos myself of the letter that id put on the window, the scuff mark and the overall "accident". My insurance refused to pay them, they took it to court (i didnt have to attend or anything) and they didnt get a penny!

people are just scrounging gits, always trying to earn a fast buck!
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These people should be prosecuted for fraud.
 
Thing is you absolutely can suffer whiplash in a 5mph shunt. I got rear ended in stationary traffic whilst distracted by my daughter in the car who was 4 years old at the time. I was in discomfort for weeks afterwards. Didn't dream of claiming though.
 
DannyW said:
As long as the insurance pay out and not us, we are not bothered but 18 months later, what a fool
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They have up to 3 years of the date of accident, or 3 years from date of knowledge (other cases as the car accident is normally the date of knowledge) or 3 years from their 18th birthday if they were a minor.

So if the claimant is a minor at the time, the case can drag on for years and years before they need to file proceedings.
 
That is ridiculous! A neighbour wrote my car off after driving into it while it was parked. I also keep getting the phone calls asking if I want to claim. It is daft and could really use some pressure to sort the system.
I just feel sorry for the people that have a genuine reason to claim getting black listed as money grabbers.
 
Heres another view from the other side of the situation, my girfriend was involved in a crash earlier this year, she was a passenger, her "friend" my next door neighbor, was driving her mums car, and as far as my girlfriend was aware she was insured to do so, she ended up in a crash and it was her fault, Over the last 2-3 months my girlfriend has been unable to work due to neck and back pain and we are struggling financially as sick pay is less then 50% of her normal wage.

She has put in a claim against her, which is how she found out she was not insured as she was not going to tell us, we are having to claim off her mums insurance who owned the car, her friend, her mum and her boyfriend have all fallen out with us, and basically calling us scum for doing so, its a terrible situation to be in, a next door neighbor who hates you due to no fault of our own.

And still its been 3months or so and we are not sure if we will be able to even have a successful claim from her mum, as she is disputing the claim as obviously it was not her driving just her car, all the while my girlfriend is suffering and we are losing a lot of money.

So not all whiplash claims are false, and its not that easy these days to get a claim and be successful! even when completely genuine.
 
brightside229 said:
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That is horrible :( and also what I was trying to say when I feel sorry for people with a genuine claim being made to feel like that.

Good luck with that, also from the side of the people that do the silly claims. I didnt and won't personally but often the people whos cars are written off do not receive suitable funds to replace the car with one like for like (Even though thats how it should be) After my neighbour wrote mine off I lost out on around 1000 pounds in total having to use my own money to top up what was given to me, the hire car being taken away too soon, and the 400pounds I had spent on my car less than two weeks before the accident.

It certainly does not justify it but that really hurt my savings and kind of goes to show the whole industry could use a shake up to a degree IMO ofcourse. :)
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Discomfort? hardly worth £5000, I get discomfort when the farmers do muck spreading round here.

Now if you had a disability that arose from the crash or a legitimate problem, I can understand the value of thousands of pounds compensation.

For a sore shoulder or neck? Having a giraffe.
 
lucky13 said:
brightside229 said:
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That is horrible :( and also what I was trying to say when I feel sorry for people with a genuine claim being made to feel like that.

Good luck with that, also from the side of the people that do the silly claims. I didnt and won't personally but often the people whos cars are written off do not receive suitable funds to replace the car with one like for like (Even though thats how it should be) After my neighbour wrote mine off I lost out on around 1000 pounds in total having to use my own money to top up what was given to me, the hire car being taken away too soon, and the 400pounds I had spent on my car less than two weeks before the accident.

It certainly does not justify it but that really hurt my savings and kind of goes to show the whole industry could use a shake up to a degree IMO ofcourse. :)
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Just hoping it all gets resolved soon, and my girlfriend can get back to work, she has had 1 physio session, and has a second on 3rd of may, i was surprised when the lawyer said we could claim from her mums insurance no idea how that works, just hope its true!

I hate the fact that in most cases the money you get for a car that's been wrote off still leaves you out of pocket, the fact you tell them how much your car is worth when you take your insurance out, in my opinion that amount should be set in stone, and if you crash, what you insured your car for at the time is what you should be paid out for! otherwise whats the point in giving them a value! im sure if you insured it for £200, and it was actually worth 5k they would not give you more then 250, so why should they get away with giving you less!
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The Running Man said:
Discomfort? hardly worth £5000, I get discomfort when the farmers do muck spreading round here.

Now if you had a disability that arose from the crash or a legitimate problem, I can understand the value of thousands of pounds compensation.

For a sore shoulder or neck? Having a giraffe.
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Thats a little harsh, in my girlfriends case she cannot work, she has gone back 3 times, and lasted only a few hours before she was sent home in tears due to the pain, her job is very repetitive line work in a factory which is aggravating her neck, not only that she has now maxed her overdraft, cant afford to do anything, is in constant need of painkillers, i think in some cases a large payout should be given depending on the circumstances.

We are not even sure she will even be able to go back to the same job, as so far their is little to no improvement in her neck, and she is looking at a verbal warning for time off work, which is causing more stress and possible job loss.

I think everyone is quick to jump on the old "milking the system for money" train, and im sure i would too, but until your in the situation yourself with a genuine claim then you dont realise just how bad a case of whiplash can leave you feeling.
 
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Used by claims companys as bully boy tactics IMHO. Had some claims company do it to me, I just forwarded it to the insurance company who sorted it out.
 
it needs to be passed to the insurance company as soon as possible, if the summons is in her name, then if it goes to judgement by default, it would be in your partners name.

I would ring the insurance company and advise them as well, as if i remember the litigation process, they have a set time limit to address the summons

GL
 
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