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Addy123 | 19:48 Fri 10th May 2013 | Civil
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Last June I was in a traffic jam on the M25 during the rush hour. It was stop/start never getting over 20mph. I braked to a halt when there was an almightly bang.
Although I had stopeed, a white van behind me hadn't and had hit me.
We got to the hard shoulder and exchanged details. I couldn't see any damage on my company car, although it later transpired that there was £700 worth of damage done.
The day after the accident, my back, neck and shoulder was painful and I could tell I had had an impact. It wasn't anything serious I thought, but on my companies advice I did visit the Dr who gave me some excercises to do and told me to keep taking Ibuprofen.
I had an uncomfortable week but didn't take time off as I could re-schedule things so I worked at home. I also ended up having 3 sessions of physiotherapy which really helped.
I have never made any bones about the fact that I considered it minor whiplash and didn't "pad out" my claim, but the other sides insurance are now (after almost a year), saying that they want to go to court and are disputing the "causation"?
Anybody got any advice?
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just let the case take it's course and go to any appts they send you to
Your company car insurers will deal with defending any claim from the other driver. Refer any papers to them.
You can still claim for whiplash- ask a solicitor- although the liability issue will need to be resolved before the claim can proceed
When you're hit from behind, it's not yout fault - just tell the truth.
Other side are trying it on. Meet their bluff and go to court. Get proof of time off work, even if you worked at home, and the doctors notes to support your extra claim for whiplash.

When you get to court, their solicitor might offer you an out of court settlement, dont accept it as it will be less than the court award.

Other side has no case when they ram the rear of another vehicle. Lack of attention is dangerous driving and they will be penalised and have their insurance costs increased. Your on a winner, dont back down !
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Thanks everyone, I have been completely honest and have been to all the Dr's appointments both sides have told me too, so they have all the reports.
The physiotherapist said there was damage to my shoulder muscles, but as I said a couple of sessions sorted that.
They are saying that they don't believe the accident caused any injuries as the vehicle was going so slow.
I'm tempted to suggest the Insurance company get someone to sit in a statiionary car whilst i drive into it from behind at the same speed and see if they still believe that.
I'm not expecting a big payout or anything, but it has dragged on for almost a year and I don't like the way they are inferring I am a liar.
I go out of my way to not cause anyone any hassle for anyone (working from home, rather than time off etc), I even had my physio whilst I was on holiday, so that was three days wasted.
Okay, sorry, I misunderstood slightly- I though they were now claiming against you saying you were liable for the accident.
I assume you are handling this Personal Injury claim yourself rather than through a solicitor or claims management company. It is not unusual for the other side to try to frighten off someone in your position as they haven't got much to lose by doing so. Even if you say 'fine, go to court' it'll probably never get that far as if they feel you have a good case they won't want to incur court costs and know a higher settlement may be reached. Have you got a figure in mind for compensation- it may be that they will be prepared to settle if you say I want £X , provided you have researched what a reasonable figure is.
Have any figures been mentioned?
Question Author
No figures have been mentioned at all.
My companies solicitor is dealing with it (because it was a company car), and she is getting really angry that they have proscratinated this long and suddenly thron this into the pot.
It's 30 years since I last had an accident where I made a claim for injuries so I have no idea.People have told me figures ranging from £1,000 to £6,000 so I am thinking that as this was only minor that the lower end will apply?
This happened to me when i was a bsm driving instructor,and I let the situation run its course and finally after 8 mths they settled out of court.
Good luck
Question Author
Just wanted to close off this thread. Last week I sent my solicitor an e-mail saying I wanted her to contact the other parties insurance company and instruct them to either isue a court date or settle or I was going to the insurance ombudsman and hey presto-they settled! Happy days :)

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