whiplash injury

[swanners]

Following a recent car accident, my Doctor has diagnosed a whiplash injury to my neck and shoulder. the accident was not my fault, I was hit from behind whilst stationary. The vehicle I was driving was a company vehicle, the Company is claiming for the damage to its vehicle, but how do I proceed with a claim for personnal injury and loss of wages.

[ummmm]

You'll have to see a solicitor.....

[society]

Were you working at the time you were using the companys' vehicle? If you were on the job at the time of the accident, I don't understand why you'd have to pay for the vehicle's repairs.

[sara3]

do you not have legal cover with your car insurance? if not, I'm sure they'll recommend someone.

[factor-fiction]

I think swanners means the employer is claiming the damage costs from the other driver's insurer - they won't be claiming from swanners

[boxtops]

You need to advise your insurance company, the claim for damages will be against the insurance company of the person who hit you from behind. I expect your works car insurance will have legal cover - this is what happened when I suffered whiplash, my insurance company appointed solicitors to handle the personal injury claim for me (and they paid for it). You will need to provide medical reports etc to substantiate the claim, but you need not worry about that at this stage - the most important part is to register the fact that you want your employers to include a claim for personal injury to yourself in the claim against the third party. If you don't get paid when you are off sick, loss of earnings can be included. Don't appoint your own solicitors - let the insurance company do that, they will know who they use for PI claims.

[factor-fiction]

You can always claim yourself rather than go through a personal injury lawyer- just write to the other party's insurance company. But this only a good idea if you have a good knowledge of settlement figures for similar cases

[boxtops]

I used to work in motor claims and unless the process has changed radically since then, I would still advise that you let your employers' insurance company set the process in motion for claiming for your injuries, don't go off and do it on your own. As factor says, you can be fobbed off with an offer if you don't have experience in how much is a reasonable settlement for your injuries and other outlays in connection with the accident.

[BertiWooster]

// ...Don't appoint your own solicitors - let the insurance company do that, they will know who they use for PI claims. //

I doubt that your employers insurance company will appoint a representative to deal with your personal injury claim - unless there is legal cover under the policy that covers you personally .

Go and speak to one of these '' no win no fee'' outfits that advertise their services .

However beware of ' no win no fee ' claims - it is not as straightforward as the phrase would suggest - there are situations where you can be liable to pay costs ( i wont go into that here )
Ask them to outline to you the scenarios under which it is likely that you could be liable for paying costs - then decide .

[boxtops]

Worth exploring though, berti, with the employer first. IMO - but I'm prepared to be wrong if this is a company vehicle and there isn't group legal cover.

[BertiWooster]

Another way forward is speaking to your union ( If there is one and you are a member ) - they should appoint a firm on your behalf