Advice please on personal injury claim?

by **langford59** » Thu Mar 31, 2011 8:28 pm

i was a passenger sat in the back of my husbands car with out newborn baby parked in a layby when another car bumped my car trying to park behind us, the car jerked and i hurt my neck doctor says i have whiplash. My car has a slight mark on back were bump was not big but can be seen. I have put a an injury claim in against the other driver and he says his car has no mark and now as my car only has slight mark im worried he will get away with it and make me out to be a liar, advice please?

by **weiford** » Thu Mar 31, 2011 8:29 pm

Whiplash is an injury that is self evident using x-rays. You have an additional witness of the accident, so it is not your word against his, and if you exchanged details in order to make the claim, he cannot exactly deny having been in the accident. Whiplash can be caused at low speeds. I do not think that there is any chance of him getting away with it, but do not expect any major payout. My partner was hit at speed enough to write off our car and got nothing.

by **norwyn** » Thu Mar 31, 2011 8:34 pm

Do you just want your medical bills paid? If so, you likely aren't going to have a problem. Minor whiplash can be caused by low damage accidents. As long as you have a police report showing he hit you you should be fine. I just hope you are not trying to say you were "permenantly injured" and ask for tens of thousands of dollars....

by **cumhea** » Thu Mar 31, 2011 8:48 pm

Whiplash is a soft tissue injury and rarely causes damage to bones that would be visible on X-rays. Personally I think you should step back from this. We live in an increasingly litigious culture and claiming compensation for a very minor injury only puts up insurance costs. I amnot being unsympathetic but look at this calmly. The other driver bumped your ar while parking. Hardly the sort of reckless behaviour that was intentional or negligent. If things were reversed you might feel a bit aggrieved. How about asking him to pay the cost of buffing out the mark on your car-probably a few pounds and relax about the rest. As you are not paying medical bills in the UK it will all be only a memory in a few weeks. Give the other driver a break. The minimal damage does not mean you did not strain your neck a little but this was not a serious injury.

by **kalvin71** » Thu Mar 31, 2011 9:00 pm

Ignore the Yanks as they are lost on the UK&Ireland site.

You will have to claim off YOUR husbands insurance as you were a passenger in his car, they will recoup the costs from the other driver.

You will not get much if your hoping for a massive payout as whiplash is not a permanent injury, expect loss of earnings from time off and nothing more.

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