What should I do to defend myself against a fraudulent personal injury claim?
A couple of months back I was involved in a driving incident where I started moving with traffic after the lights turned green at a junction. For no reason, the car in front (a Ford C-Max) hit his brakes and I bumped him. We agreed there was no damage, although he said his neck was sore, but said "I can’t see a problem mate and don't want to make a fuss so its OK", so I felt no need to report it.
A month later I got a call (from NFU my insurer) saying he had put a claim in, his car in a garage to have its frame checked and it now appears he is going for a whiplash claim. My vehicle was a brand new Discovery HSE and there was no damage, not even to the number plate, which is what came into contact with his vehicle. My vehicle never exceed 5mph, I was literally just pulling off and didn’t brake quickly enough (it was a bit like I was fighting momentum after accelerating).
What I am miffed about is I have 0 points, and 0 accidents, an advanced driving certificate but, more to the point, I think this chap is acting fraudulently. I believe this because I had whiplash about 10 years ago when a car hit me at about 30 mph and you don't get sore right away, it takes about 24 hours for the pain to kick in. Given the low amount of energy involved with this collision and not even a scratch to either vehicle I am miffed that the insurance companies just take his word and an accident will now go on my record. Yes I hit him from behind, but how do I fight the consequences he claims which are blatantly untrue?
A month later I got a call (from NFU my insurer) saying he had put a claim in, his car in a garage to have its frame checked and it now appears he is going for a whiplash claim. My vehicle was a brand new Discovery HSE and there was no damage, not even to the number plate, which is what came into contact with his vehicle. My vehicle never exceed 5mph, I was literally just pulling off and didn’t brake quickly enough (it was a bit like I was fighting momentum after accelerating).
What I am miffed about is I have 0 points, and 0 accidents, an advanced driving certificate but, more to the point, I think this chap is acting fraudulently. I believe this because I had whiplash about 10 years ago when a car hit me at about 30 mph and you don't get sore right away, it takes about 24 hours for the pain to kick in. Given the low amount of energy involved with this collision and not even a scratch to either vehicle I am miffed that the insurance companies just take his word and an accident will now go on my record. Yes I hit him from behind, but how do I fight the consequences he claims which are blatantly untrue?
Asked on 10 February 2011 by BP, via email
Answered by
Honest John
Tell your insurer you deny all the charges and to let the matter go to court where you will vigorously refute the allegations. The other driver has been pushed into this by a no win no fee accident management firm, but as soon he finds out he runs the risk of a prison sentence for perjury he is unlikely to lie. However, because you have been involved in a claim, your insurance premium is likely to go up anyway.
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