Fraudulent claim of whiplash

/\ndy

/\ndy

/\ndy

Associate
Joined
6 Jan 2006
Posts
803
Location
Ayy
A few months ago I was backing out of a parking spot, hit the passenger door of another car.

Very minor damage, barely visible - was travelling very slowly (as you do) when reversing out. No damage on my car.

Driver got out, no problems. Exchanges info. Confirmed at the time if everyone was ok etc. Driver proceeded to carry on as normal and go into the supermarket.

Days later my insurance calls me about the incident which I half expected, later on it turns out that it cost almost £2k to fix the damage (fraud in its own right, you could barely see a dent)

And now 2 months later, I am told that the driver has claimed for whiplash? What? I tried explaining the absurdity of this claim to my insurer, but it fell on deaf ears. They've asked the driver to go in for a medical review in order to validate this claim, but after 2 months?! The driver was perfectly fine after getting out, the impact barely registered! What do they expect to see after 2 months for a medical review?

I am told that this claim for whiplash won't impact me any further in terms of no claims etc, but I was still absolutely livid that this individual is blatantly filing a fraudulent claim.

What can I even do here? Why are these things allowed to go uncontested? I originally submitted a photo of the 'damage' which was laughable. I don't have further evidence that this was a minor prang at best.

I still have the driver's info, I am personally tempted to call and ask what on earth they are playing at, but this would probably complicate the situation no doubt.
 
So firstly, although he may have walked into the supermarket with no problems, whiplash can take a few days to show up and although it may seem like it is 2 months after the bump, it may be that the other drivers solicitors have only just submitted the claim but have been dealing for longer and gathering paperwork.

There is precident for disputing injury claims in low speed bumps, however they are VERY difficult to prove and depending on the amount being claimed for the injury it can often be cheaper to settle the claim rather than risk losing in court and having to pay both sides legal fees.

With regards to the £2000 repair bill it depends entirely on the amount of work that needed to be done, it may have seemed to be minor damage on the outside but there could be more more substantial damage behind the bumper, for example if there are any sensors behind the bumper, self opening boot sensors may need to be recalibrated or repaired, plus painting, blending etc can push the cost up. Believe me if you insurers felt the costs weren't justified they will have co tested it, especially if you sent in pictures of the damage.

DON'T call the other driver as that can be considered harrasment and it can get messy for you. What you have to remember is that every claim paid out by an insurer affects their profits so it is always in their best interest to contest any claim that does not seem kosher, providing it is financially viable to do so.

Hope this helps.

SOURCE: I work in claims for a large motor insurer.
 
I posted in here a couple months ago about a car bump incident I caused in October 2018.
My insurance company informed me they claimed £5k for personnel injury which is just crazy, given the walking pace speed of it.

Seems to me it’s just an easy cash grab.
Probably the same people who complain about high insurance cost :rolleyes:

In 2011, I got hit at speed by a car whilst cycling at 30mph. I was knocked unconscious, ambulance rushed to hospital, needed stitches in my leg for a very large open cut, bike & all gear trashed and the driver was charged by the police with dangerous driving. My holiday a week later was ruined because my leg was patched up so I couldn’t swim or walk for longer periods. I still have a 4 inch scar on my leg to remind me of it.

In terms of an injury payout - I got nothing, just replacement compensation for the damaged bike and kit.
Yet these muppets who get a tiny nudge from behind are awarded thousands :rolleyes:

My injury payment was nothing because there was no consequence - I lost no time or earnings from being off work because of the incident.
So not only are these people ‘faking’ an injury they are also having time off work to get the payout approved.
 
Last edited:
Nothing you can do.

Similar story - bump someone in a petrol station forecourt so you can imagine how slow the speed of the impact was in a forecourt. Out the car, exchanged details, nothing wrong, everyone on their way.

Roll on 6 weeks

£3k damage to her car (never in a million years was it that much to fix a panel and some paint) and £2.5k payout for whiplash.....Pathetic - I had a right go at my insurance company for rolling over and just taking it without bothering to fight it.

Just forget about it - nothing you can do.

Bizarrely despite the claim - my insurance went down this year!
 
I thought there was a minimum speed for whiplash to be possible.

Insurers blame fraud for hiking costs, but they don't seem to do much to fight it :/
 
I had similar experience I bumped someone at a Tesco petrol forecourt at 5mph or less. Guy goes to the kiosk to get a pencil for details and the guy there motions and asks him 'how's your neck'. I know this as the guy I just hit told me.

Further down the line directline write to me saying claimant filed for injuries.

As above whiplash manifests a few days later. I'm a medic and KNOW that guy would not have gotten whiplash from what happened.

Still absolutely no point contending it or getting upset about it it's the world we live in, can't change it anymore than we can change the colour of the dirt under our feet.
 
Less than 5mph you'd get whiplash from walking in to someone lol :p

Injury claims are supposed to be for loss of earnings. They should have to prove the amount and it should go to their employer to cover their wages etc. Not go straight in to their bank as a bonus.
 
Last edited:
I understand why people do it for non fault accidents. It's completely unfair that if someone is declared not at fault in an accident they have to pay more in insurance premiums for years after that incident. The insurance industry reap what they sow in that sense, more people will rip them off if they rip people off.
 
If the insurance companies took a harder line and there were custodial sentences or large fines for the fraudsters when caught then people may think twice.
At the moment, it seems you have nothing to lose by filing an injury claim with lots of phone solicitors too happy to help
 
Super-Spy said:
If the insurance companies took a harder line and there were custodial sentences or large fines for the fraudsters when caught then people may think twice.
At the moment, it seems you have nothing to lose by filing an injury claim with lots of phone solicitors too happy to help
Click to expand...

How do you prove someone is lying about whiplash? That is what it boils down to and it is very difficult to disprove. So insurance companies will be wasting time and money to only lose.

That's why some insurers give you discounts if you have a dashcam installed. They can potentially show the collision was minor, without having it be a he says / she says argument.

Also if a doctor diagnoses it as whiplash, insurers who aren't medical experts can hardly go round saying it can't be.

Even when insurers do win in court, they usually can't prove deliberate dishonesty. The case is effectively treated as a difference in opinion. So they can't even reclaim their legal costs.
 
Last edited:
We had this at work, I tried to argue it as it does actually impact our insurance premiems and we have a fleet of around 10 vehicles, the insurers gave up despite being a mutual insurer they basically said although it's an LVI they can't disprove claims.
 
Although a light bump may seem trivial, a sidewards hit can cause damange. I was in a smallish accident where a car merged into us and we were both doing about 30. Seemed trivial at the time and I never claimed for anything. After a day or two my left shoulder started to ache, which I did attribute to the accident but thoguht it would go away.

6 years later i still have to get courses of physio for the damage as my doctors won't send me for surgery and I live with discomfort almost daily.
 
muon said:
How do you prove someone is lying about whiplash? That is what it boils down to and it is very difficult to disprove. So insurance companies will be wasting time and money to only lose.

That's why some insurers give you discounts if you have a dashcam installed. They can potentially show the collision was minor, without having it be a he says / she says argument.

Also if a doctor diagnoses it as whiplash, insurers who aren't medical experts can hardly go round saying it can't be.

Even when insurers do win in court, they usually can't prove deliberate dishonesty. The case is effectively treated as a difference in opinion. So they can't even reclaim their legal costs.
Click to expand...

If they make an injury claim but are still going to work, or are moving around fine. Then they don't need compensation.

It's like benefit fraud and plenty of people get caught for that. But then it's the government chasing them and they don't tend to just let things slide.
 
Nasher said:
If they make an injury claim but are still going to work, or are moving around fine. Then they don't need compensation.

It's like benefit fraud and plenty of people get caught for that. But then it's the government chasing them and they don't tend to just let things slide.
Click to expand...

Well you don't decide the law.

Try have this debate with a personal injury lawyer.

Insurance companies can't come to you to rule on cases for them.
 
Nasher said:
If they make an injury claim but are still going to work, or are moving around fine. Then they don't need compensation.

It's like benefit fraud and plenty of people get caught for that. But then it's the government chasing them and they don't tend to just let things slide.
Click to expand...
You can go to work and move seemingly fine while still suffering long term pain and discomfort.
 
To show how big a market it is for claims etc.

I look after a pension scheme for an "injury lawyers" firm....8 years ago there was 8 people in the scheme, as at today - there are 109 people in the scheme....

They now occupy an entire floor of a large office block in central Glasgow....
 
Thanks for all th responses, as I thought the system is utterly corrupt and these insurance companies seemingly bend over and accept it. Disappointing.
 
/\ndy said:
Thanks for all th responses, as I thought the system is utterly corrupt and these insurance companies seemingly bend over and accept it. Disappointing.
Click to expand...

They don't accept it. They try and get the law changed as best they can. Until that happens they won't start winning in court.

Then you have the other side where they try to paint insurance companies as evil not wanting to payout for injuries etc. They also try to paint a picture where there is very little fraud when the reality is there is a lot of fraud it is just near impossible to prove. I guess people's necks have just got a lot weaker over the last 10 years.
 
Last edited:
You must log in or register to reply here.
Back
Top Bottom