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whiplash injury - gingerwinger
i was on the m40 s/b on friday morning just past banbury. sorry to any one reading this who was in the 9 mile tailback. anyway it was a two car rtc and the other party admited to the police that i was to blame. i sufferd minor whiplash injury and i went to a&e after a few hrs as my neck was stiff and sore. i was in a company car and my work mates are saying that i should claim for my injury but this is the first accident i have had and im not sure if i can claim for whiplash as this is all new to me. are my work mates right or are they winding me up. can anyone throw some light on this matter.
whiplash injury - Stuartli
>>the other party admited to the police that i was to blame.>>

Have you phrased this correctly?

Otherwise it would be the other party alleged that you were to blame.

Whether you can claim compensation for a whiplash injury is likely to depend on whether it was a non fault accident in your case.
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whiplash injury - gingerwinger
sorry... should say the other party admited to the ploice that he was to blame for the accident. as he was in lane2 and i was in lane3. he came from lane 2 to lane 3 and hit me on the n/s/f then he was infront of me but going sideways then he hit the crash barrier then we hit again which sent me spining over to lane 1 and he ended up in lane 3 faceing the wrongway. he said that i must have been in his blind spot as he didn't see me in his mirror and pulled out. the police have reported him for careless driving.
whiplash injury - Stuartli
Then you should either contact a solicitor specialising in such claims for compensation or try one of the many organisations who advertise such services such as:

www.wheelsatonce.com/default.htm

However, a local solicitor should be best and, IIRC, you can have a free half-hour session with a solicitor who will advise you as to your next steps.
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whiplash injury - Stuartli
Some RAC advice:

www.rac.co.uk/web/personalinjuryclaims/common_inju...s

Your firm's insurance company should also be able to provide advice.
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whiplash injury - buzbee
Just a word of caution. There has been a warning recently about the pitfalls of using a 'no win no fee' organisation to do work. Hidden legal costs, you are not normally aware of, out of what you win,can soak up an appreciable amount of it, so it is said.
whiplash injury - gingerwinger
my work mate has just told me that the gmb union will take on this matter as im in the union. is this a good thing or should i contact another company/no win no fee.
whiplash injury - paulb {P}
my work mate has just told me that the gmb union
will take on this matter as im in the union. is
this a good thing or should i contact another company/no win
no fee.


You pay your subs, it's a membership benefit, I'd at least look into what they can do. One advantage of doing it this way is that you can get the union to lean on the solicitor if they aren't giving good service - something you wouldn't have with one of these fly-by-night claims-handling outfits.
whiplash injury - Vin {P}
The most urgent thing is to get your neck sorted. Compensation is entirely secondary.

If you haven't already done so, go and see a physiotherapist immediately. Don't wait to see your GP then get referred, find one who can see you on **Monday morning**.

Phone several until you find one who can see you Monday if necessary. If you get it treated promptly you will significantly reduce the chance of any long term injury. A session may cost you £25 or £30, but even if you subsequently can't claim (and by the sound of it you should be able to) it'll be worth it, I promise. Once it's been left a while, it's a great deal harder to treat - a physio friend of mine told me this years ago. I followed her advice when I was hit and it certainly seemed to be sorted out quickly.

Good luck, hope it gets fixed.

V
whiplash injury - kennybase
Use your union. They are free, (as you pay for it with your subs) and you will get a good solicitor who will give you everything that you win.
I was involved in an incident whilst driving for Tesco Home Deliveries (non-motoring though - overloaded box fell from top shelf twisting my back in process) My union were a great help, but seeing as the injury hasn't caused any long term damage (that I can see now) I've decided not to claim.

You pay your subs - time to use it :-)

Hope you don't suffer too much.
whiplash injury - Stuartli
>>or should i contact another company/no win no fee.>>

I did say that it was better to contact a local solicitor who specialises in such matters although a union's legal assistance, as suggested, will probably prove even more beneficial.

Not all claim compensation companies are perhaps to be avoided - I do know of people who have gained compensation through this means and their settlement has not been affected by costs.
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whiplash injury - defender
hit by another car and spun across the motorway,no serious injury ,no mention of how lucky you actualy were not to be seriously injured and within 48 hours the question is where can I make most money out of this.it shows what a dog eat dog world we live in .this is not an attack on ginger as every posting is about the money.ginger glad you are alive to p[ost this
whiplash injury - defender
sorry this should read nearly every posting is about the money
wish I could edit my own mistakes
whiplash injury - Stuartli
>>sorry this should read nearly every posting is about the money>>

Not so. The query is near the end of ginerwinger's original thead and all that has happened is that a variety of possible answers have been provided.
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whiplash injury - RichardP
Got to agree with Defender - It's a strange thing whiplash. I have been in 2 non-fault accidents and on both occasions had whiplash. Had a checkup after both and I was fine several days later and have had no problems since, but I imagine it affects other people differently. I get worse whiplash after going on the dodgems at the fair ground, but of course that is self-inflicted!
whiplash injury - gingerwinger
within 48 hours the question is where can I make most money out of this

it aint about the money.... accidents happen and no one was badley hurt. i did not know that i could claim for this as this is the first accident i have had in 18 yrs. like it says i thought my mates was winding me up about the comp....
whiplash injury - DavidHM
Okay, this post is going to be mainly about the money, because I know more about law than I do medicine, and there's not much point discussing driving techniques considering gingerwinger wasn't at fault. Glad you're okay and all that, obviously.

Firstly, yes you can claim although a no win, no fee will only be effective if you have injuries that would attract an award in excess of £1,000. Otherwise funding wouldn't be available.

Secondly, four friends of mine were in a similar accident just under two years ago; three of them claimed and one didn't because he was worried about paying the other side's costs. Of the four, three are now fine and were within a month but one, who claimed and did get slightly more compensation than the other two, still has stiffness in his neck from time to time and on occasions has difficulty turning his head. Ironically it seems to be because his head was turned at the moment of impact. I think that the awards were £1,500 for two and £2,500 for one. My take is that you wouldn't let someone off £2k of damage to your car, so why should you let them off £2k of damage to you?

With regard to choosing a Solicitor, I would agree that not all claims companies are to be avoided. However they don't have the same regulation through the Law Society that Solicitors' firms do, and it's hard to see what benefit good ones can bring compared to a Solicitors' firm. Poor ones meanwhile, using inadequately qualified staff, charging high fees for insurance, disbursements, etc., and with a lack of personal involvement in your case are to be avoided and the problem is identifying them.

Conditional Fee Agreements work by selling you an insurance policy (often for free - consideration is entering into a client relationship with the Solicitor, who pays for the policy) that covers the other side's costs should you lose. Naturally they make money by only taking on claims that you are very unlikely to lose. The Solicitor should be responsible for any excess that the insurance will not pay. Assuming that the firm in question offers a free insurance policy, meaning that you will keep 100% of your compensation, with no advance fees, I would suggest a firm recommended by www.legal500.com although obviously factors such as convenience of location and any pre-existing relationship should be taken into consideration.

Or, in your case, there's no harm at all in using your Union because they do have your interests at heart, albeit they will probably subcontract to a law firm themselves.
whiplash injury - Altea Ego
At this point - Sod the money. You do what VIN says. You get your neck looked at Sooner than soon. If you had pain, you had swelling and its certain somethig has been strained or moved. Get it fixed* NOW by a *specialist* because getting it fixed later may not be an option.

* diagnosed first , they wont do anything while there is swelling.

THEN having kept all your receipts to date you contact a solicitor.
whiplash injury - jlo
Hi,

You mention you were in a company car. Was the car supplied through a lease company.

Its just most companies like Hitachi Capital, Lease Plan etc will often offer an accident managment service for the company car drivers as well. Will be worth contacting them on them as I am sure they will cover for third party losses, claims, injuries etc.

Kind Regards

Jlo
whiplash injury - gingerwinger
You mention you were in a company car. Was the car
supplied through a lease company.


i work for jaguar cars and it was in one of there cars. the other bloke was in a old j reg cavalier and had fully comp insurance. the insurance must have cost more than the car. after the police had recoverd both vehicles he was on the phone again to the insurance and admited he was at fault. that makes life easyier.
whiplash injury - henry k
Do take your whiplash injury seriously.
It can have effects for a long time so I suggest you get some more medical appraisal.
We were involved in a very low speed, say 15mph, rear ending in AUS a few months ago. Car damage looked like centre rear impacted 2 inches and not even a light unit damaged.
We all went to the local A & E just in case of any other effects.
At the time I appeared I have no real effects but I am still having some treatment for it. Both my wife and daughter also need additional treatment.
We are submitting claims for the treatment.
whiplash injury - henry k
We are submitting claims for the treatment.

>>
IMO register your possible claim for treatment immediately irrespective of any long term effects.

IIRC The other driver should have obeyed the standard advice. Do not admit liability as it screws the insurance co defending the case. So you already have some advantage in this situation.
whiplash injury - Falkirk Bairn
Report the accident to the insurance company and there will be a box asking for any injuries - tick the box and fill in the symptoms.


For the pain in the neck my GP said Ibuprofen (takes down the swelling) as well as pain killer + you can have up to 8 paracetamol / day as well. In my case the pain went away in 3/4 days.

The doctor said 1 day after the accident - keep it till it gets better. My neck stiffened and I needed Physiotherapy to get it moving - 3 visits. Matters got better with each visit - the only remaining complaint was soreness every few weeks that would last for a few days - couple of paracetamols usually fixed it.

4 years later there seems to be little affect although I got bother for 2+ years.

If you have Legal assistance cover (house or car) they will pay for a lawyer to claim for any loss / compensation - it took 2 years and a threat of court action before the 3rd party / insurance co agreed they were at fault (stationary & rear ended at red traffic lights it could not have been me!!) I got my excess £100, £50 or so expenses, my £105 back for 3 x physio appointments (NHS was 3 mths wait) and some compensation for my neck.

If the 3rd party had admitted liability (paid up for the damage, expenses, the physio etc right away) I would not have asked for pain etc. The threat of court action made them settle - 24 hours b4 the court appearance - the blame worthy driver was driving a garage loan car with a £1000 excess - hence their reluctnace to admit liability.
whiplash injury - doctorchris
You cannot refer to this injury as a whiplash injury on the basis of a sore neck 48 hours after your RTA. During those first 48 hours after a soft tissue injury you should have carried out RICE, ie
Rest
Ice
Compression (not really practical on the neck)
Elevation
In addition take an NSAID painkiller such as Ibuprofen.
As you have been assessed in A&E don't annoy your GP by turning up on Monday morning expecting a further assessment.
There is no point in having physio very early on. If you have significant pain around 10 days after the injury then urgent physio from that point would make sense to prevent long-term problems.
At the moment just carry on as normal and take pain relief. I suspect that you eill not have prolonged problems, most people don't, and there will be no basis for a claim.
whiplash injury - smokie
A few years back I was rear-ended under haevy braking on a m'way. I was just a little sore so went to the doctor the next day who pronounced me OK.

However the insurance form asked about injuries so I mentioned I'd been to the doctor to check but there was no lasting danage. My insurance pursued a claim for this (inconvenience more than anything I suppose)and I got something over £200. At no time did I make a fraudulent statement, my insurance carried out the entire claim more or less without reference to me (after initial paperwork).
whiplash injury - Blue {P}
I wasn't aware that damage had to be lasting to justify compensation DoctorChris?

Personally if I were injured and in pain for a few days and it then cleared up, I would still be claiming compensation. I do not swing the lead however, I have been hit from behind four or five times now, twice causing enough damage to my car to require a trip to the bodyshop, I've never yet claimed as I wasn never injured in any way. That's mainly thanks to luck, good headrest adjustment, and having the brakes on hard which stopped the car moving too violently...


Blue
whiplash injury - AlastairW
Compensation for what? The idea of compo is to put you back in the position you would have been in before the accident. Even if the injury causes a few days off work, most people get sickpay so there is no monetary loss, so nothing to compensate for.
I do understand that the self employed obviously have to make up for lost earnings, and that long lasting injuries are different, but I really do think the culture of 'where there is blame there is a claim' needs to end, as are we all not paying for this compensation through our increased insurance premiums?
whiplash injury - Blue {P}
Well if I were to spend a few days in pain but suffer no lasting effects, I would still want compensating for that paon.

The insurance companies would repair my car, so that's fine, but why should I spend several (hypothetical) days in pain because of someone else's negligence with no form of compensation for that pain?

I think you're confusing injury compensation with insurance pay outs to replace or repair damaged property. Replacing material goods is easy, but it isn't possible to undo the effects of several days in pain, so all that can be done is to offer fair and reasonable compensation for it.

To illustrate that further, if someone were killed in an accident, it is impossible to replace them, or put their loved ones back into pre-accident condition, but compensation is still paid.

And before people accuse me of jumping on the blame-claim bandwagon, I will remind them again that I have had a good few opportunities to dishonestly claim compensation if I wanted to, but I haven't. I only support compensation where there has been a genuine injury caused to someone through no fault of their own. I'm sure I'm the only person to have been hit so many times without actually claiming!

Blue
whiplash injury - The Lawman
Every personal injury claim has two elements, one for general damages and one for special damages.

Special damages are for things like loss of earnings, costs of medecines, cost of trips to hospital etc.

The general damages is for the more intangible things, and includes things like pain and suffering.

In theory a couple of days pain does give right to a claim for damages, but it is certainly not something that will have very much value.

The claims culture worries me too, but it is important to distinguish between genuine but small calims, and claims that have either been trumped up completely or wildly exaggerated.

In my view the biggest problem is the judges' habit of finding a party liable when there is only the most tenuous link between that parties act (or ommission) and the damage caused. Think of the cases of people being scalded with coffee in mcdonalds etc. I have no problem with people suing people who carelessly crash into them.