Outstanding claim of 3 years...fishy?

Jazzzman

Hi there,

My other half was involved in a motor accident approx. 3 years ago. She was in the wrong and admitted so.

The other driver involved decided she was seriously enough injured in her Merc from the 10kmph collision to claim for injury damages. Whiplash I'd wager..

It's been three years now and the insurance company tell my girlfriend that the claim is still outstanding, how a court date has not even been set yet (it can take years don't you know) and that they've no conclusion in sight.

Meanwhile, her policy is very expensive because of said claim, and she's unable to get insurance elsewhere because of said claim.

Can anyone tell me whether this is either run of the mill proceedings, or in fact this is going on far too long and it's the insurance company milking the claim by keeping her policy premium high for as long as possible?

Thanks.

Gophur

Jazzzman wrote: »

Hi there,

My other half was involved in a motor accident approx. 3 years ago. She was in the wrong and admitted so.

The other driver involved decided she was seriously enough injured in her Merc from the 10kmph collision to claim for injury damages. Whiplash I'd wager..

It's been three years now and the insurance company tell my girlfriend that the claim is still outstanding, how a court date has not even been set yet (it can take years don't you know) and that they've no conclusion in sight.

Meanwhile, her policy is very expensive because of said claim, and she's unable to get insurance elsewhere because of said claim.

Can anyone tell me whether this is either run of the mill proceedings, or in fact this is going on far too long and it's the insurance company milking the claim by keeping her policy premium high for as long as possible?

Thanks.

Why are you so cynical?

If the other person has been injured, through no fault of his/her own, then compensation is due. That's why you or your wife have insurance.

Soft tissue injuries can take years to heal. Anyone injured is well within his/her rights to wait until such time as the injury has healed or a proper prognosis as to the long-term effect will be.

By the way, the size of compensation is relevant to the effect it will have on your and your wife's insurance renewals.

rolion

claiming serious injury ,while crashed sitting in a Merc and at ...10KMH !??
is this a joke !? or insurance is taking a piss on the OP ?

Jazzzman

Gophur wrote: »

Why are you so cynical?

If the other person has been injured, through no fault of his/her own, then compensation is due. That's why you or your wife have insurance.

Soft tissue injuries can take years to heal. Anyone injured is well within his/her rights to wait until such time as the injury has healed or a proper prognosis as to the long-term effect will be.

By the way, the size of compensation is relevant to the effect it will have on your and your wife's insurance renewals.

Why are you so naive?

We have insurance because the law states we have to.

She wasn't injured.

Thanks for taking the time to answer none of my questions.

Gophur

Jazzzman wrote: »

Why are you so naive?

......

I'm not!

Jazzzman wrote: »

......
We have insurance because the law states we have to.

..............

Good for you!

Jazzzman wrote: »

...............

She wasn't injured.

................

You should offer your services to the Insurance Company. It would save a lot of time.

Jazzzman wrote: »

...........

Thanks for taking the time to answer none of my questions.

Tá failte romhat. (Apparently that's a bannable offence on boards now!)

Jazzzman

you're a con-mans dream Gophur

Anan1

Jazzzman wrote: »

She wasn't injured.

Are you a doctor?

Re the three years, no, that's not unusual.

Jazzzman

Anan1 wrote: »

Are you a doctor?

Re the three years, no, that's not unusual.

So many naive people....feel sorry for you.

Anan1

Jazzzman wrote: »

So many naive people....feel sorry for you.

I take it from this that you don't actually have any clue what if any injuries the other party has suffered?

Gophur

If you feel that strongly about things (you are insinuating fraud) then do something about it.

Your wife messed up. This is the consequence.

Jimdagym

I know this is inconveniant Jazzzman, but you can't come on here looking for advice then lose the head with everyone when you dont like the answers you get.

listermint

As far as i know the other person has something like 5 years to input a claim. or it might be 3 im not exactly sure on the figure.

But it would suggest that they have not agreed a settlement as of yet with the insurer. Potentially they are asking the insurer for too much and their also may be background investigations going on by the insurer to back up any case that they wish to take.

If the insurer is willing to take it to court chances are the are of the belief that they can limit this persons claim amount. Its unfortunate for your girlfriend but they are just going to through the due process.

On the up shot once the case is resolved she can pretty much go off and look for another insurer most will take 3 years as no claims background in terms of accidents some take 5.

scholar007

This is gas!

In the UK they openly advertise for compo claimants - no foal no fee even.

In Paddyland, they portray people who claim as criminals.

After the last few years, I've no time for banks and even less time for their alter ego - insurance companies!

whippet

the OP lost any chance he had of me sympathizing with him when he felt it was necessary to state that the other driver was in her 'Merc' ... what or where she was driving has feck all to do with it.

As for injuries at 10kph (i'd wager the OP's wife was probably going a bit quicker than that ) ... I know of a woman who was rear-ended in very slow moving traffic but has had 10 years of back surgery and inability to work or do any physical exercise .. the reason being she wasn't sitting straight in the drivers seat and even a slight impact had massive effects on her back.

The injured party is entitles to resourse through your wife's policy and it is up to the courts, insurance company etc .. to sort it out, not you.

dharn

if the insurance company have not paid out any money yet why are they punishing the op wife, also how does the size of the claim matter ,if you lose your no claims discount then your premium should be what it starts off at before ncd is applied.

Nonoperational

Gophur wrote: »

Why are you so cynical?

If the other person has been injured, through no fault of his/her own, then compensation is due. That's why you or your wife have insurance.

Soft tissue injuries can take years to heal. Anyone injured is well within his/her rights to wait until such time as the injury has healed or a proper prognosis as to the long-term effect will be.

By the way, the size of compensation is relevant to the effect it will have on your and your wife's insurance renewals.

Please please elaborate on what sort of soft tissue injury would take 3 years to heal after a 10Kph collision?

galwayjohn89

Jazzzman wrote: »

The other driver involved decided she was seriously enough injured in her Merc from the 10kmph collision to claim for injury damages. Whiplash I'd wager..

My sister was a passenger in a car that was rear ended doing around 10/15KMPH around 7 years ago. She didn't claim stupidly and is still paying for physio. She has trouble getting to sleep at night and her back was in agony during her pregnancy. If you think you cannot get injured in a low speed collision you are wrong. Nearly 80% of whiplash injuries occur between 6-12mph.

I was rear ended in Dec at a much faster speed then 10KMPH. After the accident I was fine with no pain, by the time I got home I was stiff and I woke up the next morning I couldn't move my neck and my back was very sore. It has gotten better but still keeps me awake at night and can hurt when I play golf and even sitting at matches hurts.

I haven't made a claim yet as I have been told it could get much worse. Hopefully it does get better and I won't need to claim but if I was to claim now, it could get much worse and the compensation wouldn't cover it.

Yes, people do commit insurance fraud and fake injuries but you cannot presume that is what is happening to you. You wife drove into the back of someone and has to take responsibilities. You're trying to make it out that she is the victim here.

barura

If you were moving your head to look at something, ie, the glove box and the car was hit at the same time as you were moving their neck the opposite way, I'm sure you could wrench your neck pretty bad. Just an example. People break their ankles by mis stepping a slight bit, but it just takes a tiny slip in the right place for it to happen.

Alas, I'd get a good solicitor if I were you OP, cause it looks like you need one. The internet isn't a good place to ask advice on matters such as this, even at the best of times.

Del2005

dharn wrote: »

if the insurance company have not paid out any money yet why are they punishing the op wife, also how does the size of the claim matter ,if you lose your no claims discount then your premium should be what it starts off at before ncd is applied.

There is an open claim on the policy, the OPs OH isn't being punished they are stuck in our legal process. For all we know the insurance company may investigating the other person to make sure the claim is valid, which can take a long time.

The amount of the claim affects future policies. If it's a low cost fender bender the result is less loading than a multi million Euro payout to several people. Insurance is based on risk and big payouts means that the person is a high risk driver.

The best bit about insurance is that even if you are the one making a no fault claim against other drivers your policy is loaded. Someone who's been in several crashes is likely to be involved in more!

For Forks Sake

scholar007 wrote: »

no foal no fee even.

Where's my money man?

650Ginge

Jazzzman wrote: »

Anan1 wrote: »

Are you a doctor?

Re the three years, no, that's not unusual.

So many naive people....feel sorry for you.

People are naive because u don't get the answer u are looking for.

My opinion is a rear ender is due to negligence. It is not an accident.

The injured party will have to convince a qualified person or persons of their injuries. I am not qualified so have no idea how long medical issues take.

-Chris-

Jazzzman wrote: »

So many naive people....feel sorry for you.

If all you're going to do is insult people who disagree with you, we may as well close the thread.

Otis Driftwood

dharn wrote: »

if the insurance company have not paid out any money yet why are they punishing the op wife, also how does the size of the claim matter ,if you lose your no claims discount then your premium should be what it starts off at before ncd is applied.

It really isnt that simple.

With the length of the case being heard I suspect that the OPs girlfriends insurer thinks that there is something dodgy afoot,especially if it was a low impact incident (according to the OP).

The claim settlement figure is hugely important because every insurer has cut off points for claims that they wont quote for.

FBD for example wont quote for new business if you have had a single claim totaling 20k or more in the previous 5 years of insurance.

Some insurers would quote but would apply loadings according to the claim figure or they may offer a policy with a higher excess.

Unfortunatly OP its one of those things you dont have any control of and in personal injury cases it can become somewhat of a Mexican standoff between the insurer and the claimants solicitors.Hopefully it will get closed off sooner rather than later but ye have no option but to wait it out Im afraid.