Fraudulent Injury Claim

[EvianBaby]

After the minor car accident I mentioned on here a while back, I learned this week that the driver of the taxi I hit is claiming compensation for injury. Backache, neck ache and head ache so I understand, which I guess amounts to whiplash.

Someone came out and inspected my car yesterday. The sum total of damage equates to a slightly cracked number plate (not even damaged enough that I need to bother replacing it). On the car I hit the rear bumper only suffered some slight cosmetic damage.

The guy who inspected the car told me that it's designed to take an impact of up to 5mph and as the number plate wasn't even properly cracked, he didn't feel it was consistent with any injury being claimed. My insurance company seem certain it's fraudulent but then they're my insurance company so they would defend it wouldn't they.

One thing that concerns me is that the front of my car has some historic damage. After someone skidded into me 4ish years ago which resulted in some damage to the front grill. I mentioned this to the inspector yesterday and he didn't seem certain if this would cause me an issue (if they think the damage is as a result of the recent bump and I'm lying). He also had a look under the bonnet and confirmed there was no movement in the chassis but he did notice I had the fan replaced (although I should be able to prove that was done before the accident).

So I'm just wondering what's likely to happen next? I've got to write out a statement and return to my insurance comp. but while I'm certain there's no way the guy was injured from this very small accident I'm concerned the unrelated damage to my car could cause me problems.

If they decide his claim is fraudulent (it might be with noting that he had 3 passengers/customers at the time and I don't think they have claimed any Injury) will they just tell him to take a running jump and that be the end or would it really end up in court?

Seems such a waste of time and money to me for all the people to be involved in something so stupid.

[ummmm]

They should be able to tell if the damage was from the same accident.

Hopefully they'll him to take a running jump...

[pixie373]

I think a big part of his case would be if he was taken to hospital or went to a doctor and had ongoing treatment for the "injury" which is something you might not know about. I think that will be more relevant to his case than damage to cars?

[EvianBaby]

Pixie, I think the damage to the car establishes whether he could have actually gained any such injury. From what I understand about whiplash there's no way to tell if someone genuinely has it, so anyone could just play the game by showing up at hospital saying ouch.

Hope so ummm, it's a joke. Such a waste of so many people's time.

[ummmm]

The damage to the cars give an indication of what speed they were going at.

[VHG]

Unfortunately in this era of "claim culture" people are almost encouraged to claim for whiplash type injuries.

About 4 years ago my daughter was hit by a car that came out of a side road and sent her car spinning across the road.

Luckily she was not badly injured but she did have genuine neck and back pain that caused her problems sleeping and walking and she had to have a number of weeks off work.

She reported the accident to the insurance company, and the very next day got one of these "had an accident that was not your fault" type phone calls.

Seems the insurance companies are paid to pass on details of accidents to these claim companies.

In the end my daughter did get a few thousand pounds, though her pain did go on for a number of months.

Sadly there are people who deliberately CAUSE accidents at roundabouts by starting to pull out, then stopping, and hoping a person goes into the back of them.

They then get out the car holding their neck and claiming they have all sorts of neck and back injuries.

This type of fraud seems very common amongst members of a certain ethnic minority group.

http://duncangibbins.co.uk/personal-injury-compensation/whiplash-injury-compensation-claims-3/

http://www.bodyshopmag.com/news-prison-sentence-for-birmingham-whiplash-fraudsters.aspx

http://www.telegraph.co.uk/motoring/news/9113220/Crash-for-cash-mother-jailed-leaving-behind-baby.html

[Barmaid]

How fast were you going? How fast was he going? This is a serious question (although you probably think I am a bit nuts).

[EvianBaby]

Afraid there is a culture isn't there VHG. There was a programme on c4 about the other day. Was interesting viewing.

Lol, I don't think it's a stupid question BM. Should have explained more on op.

We were both queuing to join a round about, him first, me second. He pulled away at which point I looked to make sure I was clear to the right and pulled away by which point he had stopped. So as I'd moved away from a complete standstill I was doing around 5 or 6 mph.

[DJHawkes]

to have any hope of a successful claim surely the taxi driver would have to have been signed off work by a doctor, as a self employed taxi driver, which go on let's assume he is, he would not have any income if signed off, unless he has a policy in place that he can claim off, in WG
which case he can't claim for loss of earnings can he? of he claims for injury does he or the cab owner also have to claim for damage to his vehicle?

[pixie373]

Yes, i do understand why they look for the damage on the cars. I was asking because i hit a cyclist coming out of a drive into the side of my car, a few years ago. There was some damage to my car. He tried to claim for neck injury, but failed because he hadn't mentioned it to the hospital at the time.

[EvianBaby]

Sorry Pixie, I see what you mean. I've no idea at present if he has attended any medical appointments.

Dot, I can't quite work out your post but as yet there's been no mention of them claiming for any damage to their car.

[Sqad]

Well this will depend upon the opinion of the doctor who is asked to make a report and give his opinion whether it is likelier than not that the injuries were due to the incident.

I would say, from past experience that his claim for "injuries sustained" will be accepted.

Speed has little to do with it in my opinion.

[sara3]

I heard on the tv in the last week that the majority of genuine whiplash injuries were from slow moving accidents. I've had 2 myself.

these things are usually settled out of court.

[EvianBaby]

Sqad, the speed is one thing that's been consistently raised in all the enquiries. The speed at the point I hit him would surely have an effect on the impact and therefore subsequent injuries. If I'd hit him at 100mph he'd probably be dead, if I hit him at 1mph he wouldn't have even known about it.

[Sqad]

\\\The speed at the point I hit him would surely have an effect on the impact and therefore subsequent injuries.\\\

The injuries that you have described from which he is complaining is compatible with the speed of compact that you have indicated.

[DJHawkes]

sorry that's the predictive txt on my kobo arc! ignore the WG and the line space,

[EvianBaby]

I honestly fail to see how some could sustain such injuries from such a minor impact. But then what do I know.

Isn't it highly likely that myself and his three passengers would have also suffered?

[Sqad]

\\\Isn't it highly likely that myself and his three passengers would have also suffered?\\

It might be........it might not be.

[DJHawkes]

the passengers would claim off the cab company insurance, which they may well be doing. I know that I have hurt my back just walking into a door someone else was walking through.

[bednobs]

i don't really understand why you are worry - leave it to your insurance company to sort out

[Barmaid]

In my experience, those sort of injuries, *could* have been caused by such an impact at that speed. However, it might be worth mentioning the Low Velocity Impact guidance and the case of Casey v Cartright to your insurers.