Results 1 to 8 of 8

Thread: Claiming for whiplash

Hybrid View

  1. #1
    Join Date
    Apr 2014
    Posts
    18

    Default Claiming for whiplash

    My Partner had an accident recently, a young special needs boy who had been reported missing literally ran into the side of my partners car (MX5) damaged the front wing scraped the passenger paintwork and ripped the wing mirror off. Fortunately for the boy my partner was a special needs care assistant. The boy was OK and everything was sorted out re the car.

    But, my partner kept complaining about pain around her shoulder and neck and that she couldn't move her head very far to the right and it hurts her a lot. I told her to get it checked out and she has been to the doctors about it and the doctor has confirmed it is whiplash and recommended Physiotherapy which I think is being arranged.

    Because there was no insured third party she didn't think she could claim for the whiplash but I think she can. The accident happened approx 4-5 weeks ago

  2. #2
    Join Date
    Jul 2011
    Posts
    899

    Default

    Assuming she has a comprehensive policy, her own insurance should cover this.

  3. #3
    Join Date
    Apr 2014
    Posts
    18

    Default

    Quote Originally Posted by Beelzebub View Post
    Assuming she has a comprehensive policy, her own insurance should cover this.
    Thanks, I'll phone the insurance people up because we are on a two car policy so they should speak to me regarding this situation.

  4. #4
    Join Date
    Jul 2013
    Posts
    78

    Default

    Quote Originally Posted by Beelzebub View Post
    Assuming she has a comprehensive policy, her own insurance should cover this.
    Under which section of the policy?

  5. #5
    Join Date
    Apr 2012
    Posts
    2,788

    Default

    Yes - I just checked my policy (Saga) and apart from a minimal payment for "medical expenses" there is no personal injury cover included. Of course such cover can be taken out separately, but I assume that the OP does not have this.

    I am not a lawyer, but if she were to attempt a claim, I guess it would be against the boy's parents or guardians. The situation would be pretty much the same as if your partner had been walking down the street when the boy ran into her and knocked her down.

    The 'medical expenses' part of my policy would probably pay for a couple of sessions with a physio, but that would be it.

  6. #6
    Join Date
    Nov 2009
    Posts
    388

    Default

    If the boys parents or carers have house contents insurance, then you would be entitled to make a claim off that policy, or you could sue the parents or carers as individuals.

    However if they have no insurance or assetts andit went to trial and you won, the chances are that the defendants will make an offer to pay for example at the rate of 1 per week which means you will be waiting for evermore to get the money.

    I have seen this a few times, and it is very rare that the claimant (injured person) gets very far due to the ack of assetts or insurance cover, even thogh you are within your rights to claim for the injuries sustained.

  7. #7
    Join Date
    Apr 2012
    Posts
    2,788

    Default

    Yes TC - This is exactly what I found when a young lad (13yo) ran his bike into my car - I was stationary at the time. The legal advice was "Don't waste your money."

  8. #8
    Join Date
    Jul 2013
    Posts
    78

    Default

    Quote Originally Posted by Santa View Post
    Yes - I just checked my policy (Saga) and apart from a minimal payment for "medical expenses" there is no personal injury cover included. Of course such cover can be taken out separately, but I assume that the OP does not have this.

    I am not a lawyer, but if she were to attempt a claim, I guess it would be against the boy's parents or guardians. The situation would be pretty much the same as if your partner had been walking down the street when the boy ran into her and knocked her down.

    The 'medical expenses' part of my policy would probably pay for a couple of sessions with a physio, but that would be it.
    If there is an insurer that includes cover for whiplash from your own policy as a fault driver I've never heard of it, it's unlikely to be included as it would be open to horrendous abuse.

    You can buy cover for personal accident eg losing a limb or breaking a limb etc but that's entirely different

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •