View Full Version : I received a letter from a solicitor this morning..
As you may or may not know, I was in a minor bump on Monday evening. (http://www.sxoc.com/vbb/showthread.php?s=&threadid=50775)
No more than 5mph or so. Bear that in mind as I now transcribe the letter I received this morning.
"Dear Sir.
We are instructed by the above named to claim damages in connection with a road traffic accident that occured on 28th July 2003 at 7:30pm.
*insert part about passing the letter onto insurers, etc.*
The circumstances of the accident are that as our Client was positioned stationary at the junction of Fir Lane and Fir Bank Road, you suddenly and without warning collided with the rear of our Client's vehicle.
The reason why are alleging fault is that you drove negligently. Mr X was driving a Nissan Primera, registration number P*** EVM. His wife, Mrs Y, was sat in the rear of the vehicle behind the driver's seat.
The Claimant's two children were also in the vehicle but fortunately were uninjured. Boith the Claimants were wearing their seatbelts at the time of the accident.
The injuries sustained were as follows:
Mr X: An injury to the left side of the neck; left shoulder and number in the left arm; pain to the chest.
Mrs Y: Neck and back injury.
Mr X also had his lap top on the back seat which at the point of impact flew off the seat and landed on the centre console. The TFT screen of the laptop is damaged and the Claimant seeks to recover the cost of the repairs to the lap top.
At the time of the accident both Claimants were employed and a fully detailed schedule of special damage will be disclosed to you in due course..
.."
Blahblahblah.
Someone's been watching too many Claims Direct adverts, it seems. :furious:
Now, will you all believe me when I say that I have some curse?. I'd really like to know what it was that I did in a previous life that was so ****ing terrible to deserve this current life.
The end.
-D.
:indiff:
I feel for you mate! I got done over by a pedestrian for "whiplash" a year after the accident in which she was so badly injured she wanted to go to work to get the day off and after going to court and being found not guilty my insurance company just paid straight up!:mad:
Can totally beleive that your being screwed - I expect they'll just pay them off too! :censored: insurance companys & :censored: :censored: :censored: :censored: :censored: personal injury lawyers!!!
Martin T
02-08-2003, 13:32
Dont worry D - that won't affect your insurnace. Plus I assume you've had to pay your excess, so you will not lose out as a result of this. Dont worry:)
shadowninja
02-08-2003, 13:34
:-/ Was wondering... does it matter how much they claim for. It's not coming out of your pocket and it the amount claimed shouldn't affect your next premium amount, you'd be paying more whatever the case, or am I wrong? (Speaking from previous personal experience here of collision in car park, premium didn't go up in fact.)
All the best.
-Darren
:mad::furious::mad: FIVE****INGMILESPERHOUR :mad::furious::mad:
I know this'll all go under insurance (and yeah, the £350 is all I'll pay.) and my car is being fixed next week probably.
But I'm just.. I've always tried to do what's right, and I've always tried to live as best a life I can (the fact I paid £2300 in insurance when I had the S13, and yet STILL told the insurance company about all mods and so forth, should be testament to this.) and I've always wanted to believe in the greater common good despite all the worlds failings..
.. and I've got **** all in return for it.
I know that I personally won't have to pay for this, but it just doesn't sit right in my stomach and heart that they can just claim these untruths and be rewarded for them.
I give up.
-D.
Duff Man
02-08-2003, 13:37
In your original statement you mention that car were parked on immediately upon the corner of the road, this is illegal acording to the highway code and if such an obstruction was not present it is highly unlikey that the accident would have occurred.
I feel this is a major contribution toward the events surrounding the incident and should be looked into further.
IMHO! :furious:
Also how old were the children? it states that his wfe was behind the drivers seat and if they were young children wouldnt this tend to indicate that one was sitting in the front - possibility of under age child in front passenger seat.
In addition how can you sit in both back seats AND have a laptop - unsecured there as well! That is his negligence and not yours, you dont put an expensive item on the back seat to slide around. It would have fallen off anyway when he broke sharply prior to the collision.
I'd try to blast a few holes in thats guys claim if i were you! :furious: :furious: :furious: :smash: :smash: :smash: :annoyed: :annoyed: :annoyed:
if you collide with the rear of the vehicle, how exactly did the laptop shoot off forward, open itself up and hit the TFT on the centre console? it should have been forced backwards, more into the seat and therefore be perfectly fine.
or there was no laptop in the car in the first place and he just wants a new screen.
:rolleyes:
I'll go and take a few pictures of the corner in question for you guys later. There were no cars parked there when I drove past earlier (to the dojo, where incidently TWO of the overhead lights had exploded and shattered copious amounts of glass over BOTH of the mats, and we have a 7th Dan visiting tommorrow. CURSECURSECURSECURSE.).. so I'll wait 'til later when there are cars there, to illustrate.
In trying to think, his wife WAS sat in the rear seats, but I remember her being sat behind the passengers seat, but I honestly couldn't say 100% so no point trying. The only kid I saw was perhaps 7/8years old. I couldn't tell you if he was in the front or not.
The guy seemed a nice guy, too. And was very pleasant and non-confrontational whilst we exchanged details, etc. We even shook hands as we parted. He was probably rubbing his hands together from the moment he got out of the car.
-D.
D did you shunt his car forward, if it didn't move how the hell can anybody get whiplash :confused: :furious: How new was the Primera, did it have airbags, surely they would have gone off if you had hit it hard enough to cause whiplash. Does yours have airbags?
AshT_200
02-08-2003, 13:45
He's trying it on.
Tell them to feck off and prove that they were injured... Doctors reports, hospital reports. If they have none of these, it won't hold up.
And he's trying it on with his laptop - I'd put money on it.
Duff Man
02-08-2003, 13:48
My friend recently reversed his zed into the tow bar of a 4x4 pickup in a car park at 5-10mph, cracked numberplate and wounded pride that was all.
However the bump we received as passengers was next to nothing and very mild indeed.
Ask the guy if he has ever been on a fairground ride? you get a bloody bigger jolt from some of those (bumpercars anyone?) than you do in a 1ton+ car! Wonder if he would sue them?
Ladies and Gentlemen, I give you the damage inflicted to a car that has just PLUNGED VIOLENTLY AND WRECKLESSLY!!!1 into the back of some shabby green Primera..
http://hometown.aol.co.uk/ItWouldOnlyRain/carbump3.jpg
http://hometown.aol.co.uk/ItWouldOnlyRain/carbump4.jpg
I'm surprised I didn't write his car off.. :rolleyes:
:indiff:
It's :censored: people like this that push up insurance premiums :mad:
Who are are the solicitors? Shyster, Shyster, and Screwuova :rolleyes:
Tell me, is that a car that was in an impact any greater than circa 5mph?
Bear in the the front bumper is quite flimsy plastic (God bless Renault.).
:confused: :indiff: :(
Duff Man
02-08-2003, 14:03
As we well know modern cars are designed to absorb impacts by deforming - crumple zones etc, your car has very little damage and this backs up your statement that this was a very low speed (walking speed?) incident, and certainly one which could not account for any bodily injury to either party.
You would generally feel a greater bump since your car has a lower mass than the primera.
Heres a link to EuroNcap rating for a 97 primera (dunno what age the one in question was).
Parkers even give the oldest primera 3/5 for safety.
http://www.euroncap.com/details.php3?id=nissan_primera_1997
Hope this works out for you mate, you shouldn't have to deal with this shit! Fraudulant claims should be challenged and if found guilty face a stiff penalty.:furious:
That is fcuking terrible!!! Can you dispute it at all. Doctors reports etc as previously mentioned. Talk about a cheekfy fcuker trying to get a new laptop out of it as well!!! :mad: :censored:
Dave
PazzaAE86
02-08-2003, 14:51
Seriously D, tell them to **** right off and prove they are injured.
Shit like this REALLY pisses me off. I suppose another reason its pissing me off is cus that old ****er who crashed into me over a year and a half ago STILL hasnt paid **** all for the damages he did to my old car and it was way over 5mph.
But the point of my post would be, did i get any whiplash injuries and back complaints when this guy ruined my EP, at way over 5mph? Did i ****.
Tell them to **** off and prove it, D.
Paz
Sounds sh!t!
Only thing i can think of for the lap top is....... possibly it was open already to entertain his kids? But from the rear of the car I highly doubt it would be able to fit through the front seats to hit the centre console..... there for it may have been in the front open.....a strike to the rear of a TFT would damage it. But it is illegal to have thinks like this in the front as it would distract the driver!!
I would counter claim for the damages to your car. If you say that he was parked on a bad corner, get some pictures taken, and a copy of the police report - which should identify exactly where the accident took place, therefor backing up the pictures.
As for the speed of the impact.... speak to a Nissan garage... they should be able to tell you from the look of the car how fast you were going.
Hope this helps a bit....
Good luck
Colin
He wasn't parked. He was in front of me, and also turning onto the road.
The parked cars obstruct the view up the road, so you have to peek out and then go.
The laptop thing is bullshit, I'm sure of it.
There is no police report because it was THAT minor a shunt. We just pulled up on the side of the road, got out, asked if the other (and in my case, asked if his wife and kids were okay.), we both said all was fine, exchanged details, shook hands and went on our way.
I'm not denying I hit him, and yeah, I'll accept fault for the accident. I drove into the back of him.
What I do have a problem with is my insurance paying out for fraudulent claims and non-existant damages.
:indiff:
Ahh... sorry got the wrong end of the stick!
I agree its pointless....... Is he claiming personal injuries to or just the cost of the laptop?
Sounds like a load of shit if you ask me.... you could also find out if he went straight back to work after it. Im sure if its bad enough to claim on he wouldn't have been in work the next day (the letter did say they were both employed).
I suppose there is nothing you can really do about it, as your insurance will probably pay out anyway. i'm sure there something you can do about it though, even if its just letting your insurance company know that you think its a fraudulent claim and that it might need investigating. There again the cost of legal advise V's paying out might be more.
Colin
Its quite dissappointing to hear that the guy sounded ok, and quite genuine, only to actually be a wan*er.
He's the owner of a local coach firm. I should ring from work and ask to speak to him, haha. But how would that hold up? ptsch.
"Yeah, I tele-stalked him to find out if he was lying.."
AshT_200
02-08-2003, 18:28
Counter claim.... he was driving without due care and attention if his laptop was in the front.
MeLLoN Stu
02-08-2003, 18:49
but surely saying oh he wasnt driving with due care and attentoin wont hold up unless a polifce officer said it.
i had a bump in 2000 which was the council van's fault cos he was speeding in a 30mph road and i was pulling out of a notoriously hard to see left or right junction in the snow and he pulled my front end offf. police said it was his fault, his insurance picked up the bills and stuff and i never said anymore about it. didnt think to claim for compen cos im a pretty straight up guy, but i did have minor whiplash and muscle inflammation in my neck as a result, only missed a day of work tho. he has tried to claim compensation 5 times now and its just been throw out, after the third time i thought right fu**er im gonna sue you just to piss you off and did, got 3 grand for it. sweet sweet revenge.
but i do disagree with this compensation culture, i think its part and parcel of having even the slightest of bumps nowadays.
im sure if you find a good road accident specialist solicitor they will get you off on technicality, as laptop screens are generally held down with 2 spring loaded clasps and i have knocked and dropped em loads ovcer the years and never even killed a pixel. (i work with computers)
:furious: :censored: :annoyed: shame this earth's got so many :censored:ers in it really, would be great place to live for the rest of us if it wasnt.
He's trying it on. Lets face it people in similar situations have been encouraged to try it on on this very board so it's hardly surprising.
Really really pisses me off when people false claim as we all suffer the consequences through raised premiums :mad: :mad: :mad: :mad: :mad:
right after reading that i am really.....really angry
the bloke is blatently trying it on :mad: :annoyed:
if it go's though give it a year and seek revenge.....serve it cold :mad:
This :censored: really wants to bring it on! I hate this cr@p, tell em to fcuk off if they cannot prove their shite.
beavertron
03-08-2003, 06:08
Its standard solicitor bullshit m8 dont worry about it. Your insurance companys legal team will tear it to shreds, hell prob only get the money to get his car repaired.
and cheer up m8 we got some new smilies :smash:
is it just me thinking this, or, you should not even be getting this type of mail, it should be going direct to your ins company mate.
Daniel san
03-08-2003, 10:49
Your insurance co usually tell you to forward any communication unanswered, direct to them so that they can respond.
You'll need to see medical reports from examinations, x rays etc, as they will be done if he's claiming to have injuries of that nature, otherwise the hospital or medical person he reports the injuries to wold be liable for prosecution for neglegance. Make sure you see them. They'll show up anything like bruising, fractures or the like If there's nothing there, phone a solicitor yourself, go see them, tell them the story and that you want to take out a private prosecution against him for fraud, that'll scare the shit outta him for starters.
Where were you in relation to A, your vehicle, and b, his vehicle when you exchanged details?
What exactly did he say when you were doing this?
Did he mention the laptop then? He would surely have known you'd just damaged it at that time, rather than later.
Did you see the said laptop that was now spread all down the middle of his car?
may think of something else later........
shadowninja
03-08-2003, 13:03
was having a think about this...
whoever said the laptop couldnt have gone forwards is probably right. this can only occur under heavy breaking, not heavy acceleration (ie a shunt from behind).
as for whiplash... are they Mr and Mrs Floppy? I was hit from behind when i was in a nissan cherry, woman driving an old ford escort (ie bigger than your micra). really screwed up the front end, hardly any damage to rear of mine. heard the screeeeeech of tyres so she must have been doing slightly more than 5mph. injuries? none whatsoever.
nowadays it is possible to prove that an injury exists beyond a doctor's report... if the insurance company give a shit... cos real injuries result in movement at the extremes following an arc that's not possible to precisely follow unless you *really* had the injuries if asked to repeat it say 10 times. (need a video camera to superimpose the images.) iirc this was to combat people claiming injuries post-car accident (remember there was a spate of incidents of people who'd suddenly break to cause an accident?)
as for doing the right thing, its about self-respect and gaining the respect from others (well, those who count and you respect and care about).
Martin T
03-08-2003, 17:31
Right about the laptop. First things forst its probably bollox but try this. Put something in your car seat and then get it shunted from behind. It flies forward. Second, the screen can easily break on the laptop, even if its not open. Just like dropping one can break the screen. I know this because I know someone that made that expensive mistake.
Secondly, the guys probably an arse. Its probably a fake claim, but it will have NO EFFECT on D's premiums at all. This sort of thing happens all of the time. He most likely thought it was a way of making a quick buck, but he's in for a surprise. He is incredibly unlikely to see any money for at least 1 year, and its a lot of hassle. There's no point in getting so worked up about it.
Slight change of direction for me.......
Go to
http://www.sxoc.co.uk/vbb/showthread.php?s=&threadid=51462
Join 'the club' and we'll add him to the list!!
:D :D :D :D :D :D :D
Colin
D,
My advice would be to forget about it.
Its obvious that this guy is taking the .... , but like others here have mentioned you have already lost your no claims anyway.
I like yourself found it outragous when something similar happend to me. After a long and drawn out battle I won the legal moral high ground but actually achieved nothing except a high blood pressure.
Its sickning I know, but don't let this guy get away with stressing you out. Lifes to short mate.
Rob200SX
04-08-2003, 00:04
try and get a witness if possible as well ;)
on a serious note D - pass the letters straight to your insurers and DO NOT ANSWER ANY CORRESPONDENCE, except that from your insurers - you cant afford to fcuk about with personal injury claims, regardless of how fraudulent they are :mad:
And - hate to be the bearer of bad news, but PI claims can be hooooooge, and the cost of the claim does have an adverse effect on your premium :( sorry bud.
Just make sure you dont prejudice the claim by answering correspondence - your insurers may "null and void" on ya and then you truly are up the swannie!!!:wack:
Originally posted by D
http://hometown.aol.co.uk/ItWouldOnlyRain/carbump3.jpg
OMG! That was a scary accident, you were lucky to walk away from that one alive. I surprised you weren't injured worse.
:rolleyes: :rolleyes: :rolleyes: FFS
Originally posted by D
Mr X also had his lap top on the back seat which at the point of impact flew off the seat and landed on the centre console. The TFT screen of the laptop is damaged and the Claimant seeks to recover the cost of the repairs to the lap top.
:indiff:
Right, so YOU hit HIM from behind, and yet his laptop saw total disregard for the laws of physics and flew FORWARDS into the console, whilst his wife and himself flew BACKWARDS...........
Thoughts that come to mind "money grabbing, antisocial, scrounging. low lifes."
I agree, pass the letter to your insurance company. Add your own letter instructing them catagorically not to pay a penny on personal injury as you believe the claim is fraudulent. Ask for the matter to be investigated properly.
Re the laptop. Doesn't matter if it was there or not. For it to break, it would have been exposed. Laptops are very delicate items which should be kept in padded carry bags when being transported, especially by car, as they have a habit of flying off seats and getting broken! :rolleyes: If it wasn't in a bag, he not only couldn't have cared about it, but also didn't care about the lives of his wife and children, not to mention his own. Viewing one of those crash test films shows exactly what happens to an unsecured laptop. If it was in a bag, it wouldn't have been damaged.
Looking at the damage to your car, it is obvious that you were only travelling at the speed you state. My last car was hit from behind whilst stationary by a LWB Transit doing 15-20mph last year. It was written off. Also, my two passengers suffered no whiplash.
A complete to$$er trying it on. It is your duty to ensure it backfires on him! :furious:
http://hometown.aol.co.uk/ItWouldOnlyRain/carbump3.jpg
LOL :D :D :D
Oh yeah, I can imagine what a horrendeous collision caused such car destroying damage!! You could have done that amount of damage by leaning on the wing!!
Nothing litk trying it on is there :rolleyes: I would be suporised if you did any damange whatsoever to their car. What happened, did you scratch their bumper.
If this went to court I could just imagine their solicitor getting up pleading about the way
you suddenly and without warning collided with the rear of our Client's vehicle.
And about how youve cause neck and back damage to both parents.
At which point you pull out a photo of the damage your car and the whole court disintegrates as the magistrates, clerks, your solictor etc fall about in fits of laughter and the magistrate tells the conning :censored: and his :censored: wife to :censored: off out of his court!!! :D
And here are some pictures of the corner. Mr. Primera didn't actually get anywhere past the parked Terrano.. so from the end of the road, to what can't be more than 6ft or so ahead.. I managed to build up enough speed to be driving negligently, and cause all those damages and injuries ;)
http://hometown.aol.co.uk/ItWouldOnlyRain/bumpcorner1.jpg
http://hometown.aol.co.uk/ItWouldOnlyRain/bumpcorner2.jpg
http://hometown.aol.co.uk/ItWouldOnlyRain/bumpcorner3.jpg
Personal injury claim = :wave:
:D
I am sure that there is something in the highway code about putting heavy objects in the boot of the car e.g. laptops. If he had needed to brake heavily then surely the same thing would have happended? Who would he have sued then?
Supraman1
12-08-2003, 11:41
I haven't read every page of this thread, but if you do some research you will find that low speed impacts often cause whiplash-type injuries which are as severe, or more severe, than 20-30mph impacts. Even if you did only hit him at 3 or 4mph, there is still a good chance that his injuries are for real.
Originally posted by Supraman
I haven't read every page of this thread, but if you do some research you will find that low speed impacts often cause whiplash-type injuries which are as severe, or more severe, than 20-30mph impacts. Even if you did only hit him at 3 or 4mph, there is still a good chance that his injuries are for real. Read this rest. I don't think so...
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