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Old 8 Jun 18, 07:12 AM  
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#31
Colette-S
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Originally Posted by YorkshireT View Post
The insurers may try to capture your claim, referring into a law firm they've entered an ABS with.
It's a soft tissue injury, a doctor will give a prognosis of 3-12 months probably.
Looking at the damage to your car, you are very unlikely to have sustained a serious injury fortunately, albeit it may be sore for a few days/ weeks.
Very soon if you have an injury like this, you will be expected to fill in an online portal claim yourself, because solicitors' costs will not be recoverable. There will also be a fixed tariff, a lot of the injuries will only be worth a few hundred pounds. People who have suffered a genuine whiplash will have a shock, if they were expecting thousands.
Not coming in until next year though. Been put into place because a large proportion of whiplash claims are fraudulent.
Your final statement is factually incorrect. Even the insurance industries “best” fignures suggest than around 5% of claims are fraudulent and according to the ABI, this has dropped to 3%. Whilst I agree this is still unacceptable, the MOJ reforms appear to be a case of using a sledgehammer to crack a nut and millions of innocent genuine people will be denied justice. However, let’s not forget the original reforms were due to come on place in 2015 and the “definitely” October 2016 with regular pushbacks so whether they arrive next year remains to be seen.
I will be interested to see if the insurance companies pass on their savings from claims onto the customers and if premiums reduce significantly. I think we all know the answer to that!
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Old 8 Jun 18, 07:28 AM  
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Whilst the merits of the reforms and savings are questionable, the ABI figures are based on what's discovered fraudulent. In 2016 that was 125,000 claims.
In any event 5% or 3% or whatever of hundreds of thousands of claims is still a large proportion.
However, we all know that most (not all) whiplashes don't happen but are paid. Whiplash has become an automatic add on to a non fault car accident for many. Insurers are partly to blame of course, capturing the claims and referring them to their own ABSs themselves.
You only have to look at the proportion of accidents here that result in whiplash claims compared to virtually every country in the world. The British don't have the weakest necks in the world, but they have the most whiplash.
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Old 8 Jun 18, 07:32 AM  
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Colette-S
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It is interesting to note certain generous donors that a certain legal party. I suggest that neither these donors or that party have the publics best interest at heart and it’s about lining their own pockets. When 100,000’s lose their jobs at insurers and Legal firms across the country and are unable to pay mortgages and feed their families I doubt these people will care!
Similar tactics being used in the sly privatisation of our NHS which is most certainly not in the best interests of the public.
Thank god we got out years ago.

Edited at 09:37 AM.
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Old 8 Jun 18, 07:36 AM  
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Originally Posted by YorkshireT View Post
Whilst the merits of the reforms and savings are questionable, the ABI figures are based on what's discovered fraudulent. In 2016 that was 125,000 claims.
In any event 5% or 3% or whatever of hundreds of thousands of claims is still a large proportion.
However, we all know that most (not all) whiplashes don't happen but are paid. Whiplash has become an automatic add on to a non fault car accident for many. Insurers are partly to blame of course, capturing the claims and referring them to their own ABSs themselves.
You only have to look at the proportion of accidents here that result in whiplash claims compared to virtually every country in the world. The British don't have the weakest necks in the world, but they have the most whiplash.
We all know most whiplashes don’t happen? ! Try telling that to the OP who was in agony.
Insurers have been lining their pockets with referal fees long before ABS’s were even though of! They have been accepting payments for claims since the late ‘80’s (fact) as well as pocketing premiums for legal expense policies that were useless and unnecessary.
I’m not complaining as we worked hard and did very well but I don’t approve of the way the government have gone about it
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Old 8 Jun 18, 07:38 AM  
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I agree, I don't think the reforms are a great idea for various reasons, not least the organised fraud will be easier.
I didn't say whiplash doesn't happen, it does. But many don't.
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Old 8 Jun 18, 07:45 AM  
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Originally Posted by YorkshireT View Post
I agree, I don't think the reforms are a great idea for various reasons, not least the organised fraud will be easier.
I didn't say whiplash doesn't happen, it does. But many don't.
Yes but even after spending millions and millions of pounds and many years of investigation, lobbying and court hours even the insurers themselves accept that its only 5% and declining!
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Old 8 Jun 18, 08:04 AM  
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Originally Posted by YorkshireT View Post
You have 3 years.
I'm not sure if you mean the other party was barely moving but if yes, a 'barely moving' claim is unlikely to have started long term shoulder pain.
It's the laws of physics.
A claim 3 years on with barely any damage (?) is likely to result in the claim going straight into an insurers' farmed/ Low Velocity Impact process, and a defence going in saying it's effectively a fraudulent claim, prove how you were injured with hardly any damage to the car.
Then there is a chance the claim will be found to be fundamentally dishonest, which could saddle someone with thousands in costs, or worse.
Thanks I thought it would be too long. There was a lot of damage actually. The whole back bumper, boot and one of the side rear panels all needed replaced. Also some lights if j recall correctly. (No tow bar).

I wasn't in the car and I said to my husband o was shocked at the damage. All he kept saying was cars are designed to crumple? He had stopped at the top of a slip way off a roundabout. Queue of cars but a work can ran into him.

I have always said the van must have been going harder but he keeps playing it down. Never mind though, all in the past and I guess we will never know for sure about what caused the shoulder.
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Old 8 Jun 18, 08:07 AM  
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Originally Posted by MurrayBear View Post
Thanks I thought it would be too long. There was a lot of damage actually. The whole back bumper, boot and one of the side rear panels all needed replaced. Also some lights if j recall correctly. (No tow bar).

I wasn't in the car and I said to my husband o was shocked at the damage. All he kept saying was cars are designed to crumple? He had stopped at the top of a slip way off a roundabout. Queue of cars but a work can ran into him.

I have always said the van must have been going harder but he keeps playing it down. Never mind though, all in the past and I guess we will never know for sure about what caused the shoulder.
Cars are designed to crumple true, but this does suggest more than 'barely moving' albeit the van has a greater mass and will do more damage than had it been a smallish car- particularly if laden.
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Old 8 Jun 18, 08:10 AM  
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Originally Posted by YorkshireT View Post
Cars are designed to crumple true, but this does suggest more than 'barely moving' albeit the van has a greater mass and will do more damage than had it been a smallish car- particularly if laden.
Astra, only person in was my husband.
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Old 8 Jun 18, 08:13 AM  
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I'm not looking "For something for nothing"

My main upset is the fact it was my mum's car and as silly as it sounds I lost her 6 weeks ago and it's a big part of her to me - if that makes sense?!

My headache has gone so think that could have been stress but the lumbar region of my back is sore.

It does irritate me that because of her negligence, I'm paying £250 excess, I'm without a car and I have to fight her for liability. But again that's motoring I guess.
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