In a car accident should I claim insurance?

SeanFxx

I was driving home yesterday and I forgot to take my drink out of the cup holder (everything just falls out), the cup fell and burned my leg a little. I hit the brakes. The car behind hit into the back of me.

I said I was fine, my car was badly damaged. The garda came and he admitted liability. They asked me if I was okay and I said yes I'm fine, just a bit of a stiff neck but Ill be fine.

Now today I have been getting pains in my middle and upper back, stiff and sore neck and a little bit in the shoulder. Its not really bad pain more annoying than anything, I couldn't do pull ups today because it was sore but it was still bearable.

My problem is that I'm not sure if I should make a claim from his insurance. I would firstly feel bad doing that to his insurance, it will end up costing him a lot. And then also I don't want everyone thinking that I'm just another as$hole making a fake claim and I also dont think that its possible to prove whiplash. And the accident was kind of my fault for jamming on.

Should I make a claim or just forget about it?

CiniO

In my opinion it wasn't your fault.
A hot drink got spilled on you and you got burnt. It's quite normal reaction that whenever something happens to you while driving, the most important is to stop the vehicle.

Whoever was driving behind you didn't keep enough distance and hit you, so it's his fault.
I wouldn't have any doubts about claiming from his insurance.

shane.

i dont think you have a serious injury which warrants making a claim, of course your going to be stiff after what happened but that should go away within a week or so, if not go to your doctor, the same accident happened to me and i was fine after about 10 days

Guy:Incognito

Is he at the very least paying for your car repairs?

Ardent

Sounds to me like there's f**k all wrong with you so, no, you shouldn't claim. This "should I claim anyway" mentality really pisses me off.

L-M

shane. wrote: »

i dont think you have a serious injury which warrants making a claim, of course your going to be stiff after what happened but that should go away within a week or so, if not go to your doctor, the same accident happened to me and i was fine after about 10 days

Ardent wrote: »

Sounds to me like there's f**k all wrong with you so, no, you shouldn't claim. This "should I claim anyway" mentality really pisses me off.

My Nan was the only passenger on a bus when it was crashed. Like the OP she had little pains the next day and on and everyone told her there was nothing wrong with her.

20 years later and she still had wicked pains in her back and neck.

i haven't been in an accident and touch wood i don't be, but to say someone has "**** all wrong with them" after being rear ended is a bit rich imo.

Voodoomelon

Agreed. I'd leave it a day or two, if you still have pains, go to your GP. Submit any receipts from your GP and any further specialists receipts in your claim.

Beyond your actual medical/car costs, I personally wouldn't be claiming for anything else.

bazz26

The first thing OP I would is go see a doctor to see if you suffered any serious injuries and take it from there. I'd imagine the insurance company will request you to see their speciallist as part of any such claim.

Ardent

Limerick man wrote: »

i haven't been in an accident and touch wood i don't be, but to say someone has "**** all wrong with them" after being rear ended is a bit rich imo.

If he was that bad he wouldn't be doing pull ups, that's for sure.

johnos1984

Your fully entitled to claim for any injury etc however I'd wait a day or two as you can suffer sore muscles from the shock of the crash

SeanFxx wrote: »

I was driving home yesterday and I forgot to take my drink out of the cup holder (everything just falls out), the cup fell and burned my leg a little. I hit the brakes. The car behind hit into the back of me.

This isn't an attack on you OP but I really feel in the event of a crash where one drivers carelessness behind the wheel creates a situation where a crash can occur should car a 50/50 blame apportionment.

johnos1984

Your fully entitled to claim for any injury etc however I'd wait a day or two as you can suffer sore muscles from the shock of the crash

SeanFxx wrote: »

I was driving home yesterday and I forgot to take my drink out of the cup holder (everything just falls out), the cup fell and burned my leg a little. I hit the brakes. The car behind hit into the back of me.

This isn't an attack on you OP but I really feel in the event of a crash where one drivers carelessness behind the wheel creates a situation where a crash can occur should car a 50/50 blame apportionment.

carbon nanotube

this 'keeping enough distance' is draconian to say the least

what if some mope slams the brakes on the motorway and causes a 20 mile carnage..

in the OPs case he most likely vastly contributed to the accident by

a/ being careless to the extreme

b/ slamming the brakes to give the driver(s) behind little chance to manouver.

just sayin...

ottostreet

Why would you hit the brakes? Even if he was a bit close to you, if you just suddenly slammed on the brakes, I'd be fecking annoyed.

If you were messing around with coffee while driving, can that not leave you open to driving without care and attention?

MickySticks

carbon nanotube wrote: »

this 'keeping enough distance' is draconian to say the least

what if some mope slams the brakes on the motorway and causes a 20 mile carnage..

in the OPs case he most likely vastly contributed to the accident by

a/ being careless to the extreme

b/ slamming the brakes to give the driver(s) behind little chance to manouver.

just sayin...

Bullshit, the driver behind should always expect the worse and therefore keep a safe distance away, what if a dog or God forbid a child had run out in front of the OP. Would you be blaming him/her then?

Claim from him/her OP, an accident like that can cause long term neck and back pain, maybe next time he/she will keep a safe distance.

Dave147

shane. wrote: »

i dont think you have a serious injury which warrants making a claim, of course your going to be stiff after what happened but that should go away within a week or so, if not go to your doctor, the same accident happened to me and i was fine after about 10 days

I had an accident in 2007 and thought I would be fine, luckily I took proper advice and claimed for my injuries. I had a further accident in 2008 which exacerbated my previous injury. I haven't played sports since, I cannot do a sit up and I've been in constant pain since, despite going to physio's, chiropractors, taking medication etc. I also spasm uncontrollably every night in bed.

Disregard any advice you get here, claims for vehicle are different to personal injury claims so just get your car sorted and see how you are in a few weeks. I didn't speak to anyone for months after my accident, after realising I wasn't going to get better, don't see why I should pay for treatment when it wasn't my fault in the first place.

Jimdagym

SeanFxx wrote: »

I was driving home yesterday and I forgot to take my drink out of the cup holder (everything just falls out), the cup fell and burned my leg a little. I hit the brakes. The car behind hit into the back of me.

I don't see anything here to say the OP was doing anything wrong.

meoklmrk91

I would claim for the cost of repair for my car, he admitted liability etc. should be a fairly easy process.

As for injury to you, go to a Dr. and get a check up. Its more than likely just a bit of severe whiplash, which is incredibly painful and stiffening. I crashed about a year and a half ago and was in agony for a week, the only relief I could get was by getting my friend to walk across my back, you would not believe the cracking noises you would have though my spine was in splinters. I was fine after that and have no issues and that was a fairly severe crash.

If you do have an injury, them claim for expenses. If not then don't, it's just bad form, and you won't have any luck for it.

david75

Sounds like you have whiplash, OP. I'd claim. That injury can cause problems later on.

Fiona

Limerick man wrote: »

My Nan was the only passenger on a bus when it was crashed. Like the OP she had little pains the next day and on and everyone told her there was nothing wrong with her.

20 years later and she still had wicked pains in her back and neck.

Dave147 wrote: »

I had an accident in 2007 and thought I would be fine, luckily I took proper advice and claimed for my injuries. I had a further accident in 2008 which exacerbated my previous injury. I haven't played sports since, I cannot do a sit up and I've been in constant pain since, despite going to physio's, chiropractors, taking medication etc. I also spasm uncontrollably every night in bed.

I never took any action when I was in the crashes but I wish I did, back has never been the same and I get bouts of pain that require physio / medication and some pilates to get me back to normal

I was only 15/ 16 & 18 when they happened and my Mam was like oh you will be fine :rolleyes:

keithclancy

SeanFxx wrote: »

Now today I have been getting pains in my middle and upper back, stiff and sore neck and a little bit in the shoulder. Its not really bad pain more annoying than anything, I couldn't do pull ups today because it was sore but it was still bearable.

I came off a Motorbike at 60mph around 10 years ago, funny enough a few days later I had some pain in some places. But who knows, that particular pain could have been from lifting a pizza out of the oven.

shane.

Dave147 wrote: »

I had an accident in 2007 and thought I would be fine, luckily I took proper advice and claimed for my injuries. I had a further accident in 2008 which exacerbated my previous injury. I haven't played sports since, I cannot do a sit up and I've been in constant pain since, despite going to physio's, chiropractors, taking medication etc. I also spasm uncontrollably every night in bed.

Disregard any advice you get here, claims for vehicle are different to personal injury claims so just get your car sorted and see how you are in a few weeks. I didn't speak to anyone for months after my accident, after realising I wasn't going to get better, don't see why I should pay for treatment when it wasn't my fault in the first place.

disregard any advice you get here????????? think your giving advice yourself!!!!!!

giant_midget

I came across a crash on the M1 last night just at the second Balbriggan exit, a BMW, a Golf and an Almera van. Was this it by any chance??

kirving

Keeping appropriate distance behind someone is important, and so is being alert, but you can't drive around the entire time anticipating the driver in front to slam on the brakes. Doing that kind of manoeuvre on a motorway will get you killed, and there's no excuse for it.

I believe that the OP's lack of concentration and subsequent needlessly erratic action were the overriding cause of this accident. brake testing people on normal roads is crazy, even if they should react in time. If I walk out in front of a car and get knocked down, how far do you think I'd get if I claimed that the driver should have been able to stop in the distance he could see to be clear. The car will keep rolling if you take your foot off the pedal, I don't see the need to brake so hard.

TestTransmission

SeanFxx wrote: »

I was driving home yesterday and I forgot to take my drink out of the cup holder (everything just falls out), the cup fell and burned my leg a little. I hit the brakes. The car behind hit into the back of me.

I said I was fine, my car was badly damaged. The garda came and he admitted liability. They asked me if I was okay and I said yes I'm fine, just a bit of a stiff neck but Ill be fine.

Now today I have been getting pains in my middle and upper back, stiff and sore neck and a little bit in the shoulder. Its not really bad pain more annoying than anything, I couldn't do pull ups today because it was sore but it was still bearable.

My problem is that I'm not sure if I should make a claim from his insurance. I would firstly feel bad doing that to his insurance, it will end up costing him a lot. And then also I don't want everyone thinking that I'm just another as$hole making a fake claim and I also dont think that its possible to prove whiplash. And the accident was kind of my fault for jamming on.

Should I make a claim or just forget about it?

You're a pretty unlucky fella considering your car just recently got burnt out

http://www.boards.ie/vbulletin/showthread.php?p=76578557

noddyone2

There's a place for having hot drinks - it's called a table! Get a bit of catch-on for yourself.

Jimmy Bottlehead

Have to say OP, I would feel at least a bit guilty claiming off the other guys insurance for anything.

If you hadn't been careless, you wouldn't have had to brake. I don't know why you braked to a stop either, but some people can't help their reactions.

Personally, I'd advise you to accept 50% blame - people have said "what if it was a dog or a child?" but frankly, it wasn't. It was the driver in front braking on an open and presumably clear road.

With regards your injuries, get to a doctor soon enough, back pain and the like is not a fun thing to have and the sooner you get checked, the quicker you'll know what you need to do going forward.

Oh, and leave the coffee 'til you get to work from now on

dharn

its a question of morality really, strictly speaking the other driver was wrong if you braked suddenly because someone stepped out in front of you, then no question the other driver would be 100% wrong and if your neck was sore you would go to your doctor and maybe make a claim, but the fact that you were pretty well the cause of the accident your self by spilling hot drink on your lap is where the dilemma arises ,so on your conscience be it

cjt156

If there's a responsibility on the driver behind to be prepared for unexpected braking, then surely there's a responsibility on the driver in front for an unsecured container of hot liquid.

If you want to drive, drive. If you want to drink coffee, drink coffee. Do you have to do the two together?

djimi

Kevin Irving wrote: »

Keeping appropriate distance behind someone is important, and so is being alert, but you can't drive around the entire time anticipating the driver in front to slam on the brakes. Doing that kind of manoeuvre on a motorway will get you killed, and there's no excuse for it.

Actually you can drive around the entire time anticipating the driver in front of you; its called being a responsible driver. I agree; **** happens sometimes and with the best intentions in the world we can all have an accident, but safe distances are there for a reason, and if you choose to ignore them then you run the risk of ploughing into the car in front of you. There are a whole variety of reasons for having to slam on the brakes, be it on a small road or a motorway; its not always because someone is being reckless or careless.

Big Nasty

Dave147 wrote: »

I also spasm uncontrollably every night in bed.

Hey, that happens to me too! :pac:

Anan1

I think you should all have a look through the OP's other posts before investing any more time in this thread.

username?!

This is the OP's fault completely, it's not the driver behinds fault you spilt your morning fix, what kinda of road did this happen on?

Did you actually tell the driver behind / gardai that you slammed on because you spilt your coffee?

If this was me behind you and you slammed on because of this i'd be pissed to say the least!

People can come on and say the driver behind should of been paying attention blah blah, but surely the OP wasn't paying attention to driving if felt the need to slam on the brakes when his coffee spilt?

Boom_Bap

You should get to a doctor to get checked out regardless of claiming or not. Ignore any comments from people here saying to wait 2 - 10 days for the pain to go away. This is your health that has obviously been affected by the accident, regarless of how little or large the damage to your body may be, it's more important you get that resolved before getting your car sorted.
As it was caused by someone else driving carelessly, then you should claim.

Also, regardless of what was going on in your car, you were forced to brake hard, the other car was not driving with due care and hit you.
It doesnt matter what you done in your car that led to braking, you could have been stopping because a child was running out in front of you or because of a mechanical failure in your car. The other driver should be driving in a manner that would allow them to stop safely without hitting you.

keithclancy

Boom_Bap wrote: »

You should get to a doctor to get checked out regardless of claiming or not. Ignore any comments from people here saying to wait 2 - 10 days for the pain to go away. This is your health that has obviously been affected by the accident, regarless of how little or large the damage to your body may be, it's more important you get that resolved before getting your car sorted.
As it was caused by someone else driving carelessly, then you should claim.

Also, regardless of what was going on in your car, you were forced to brake hard, the other car was not driving with due care and hit you.
It doesnt matter what you done in your car that led to braking, you could have been stopping because a child was running out in front of you or because of a mechanical failure in your car. The other driver should be driving in a manner that would allow them to stop safely without hitting you.

If this was in the US he'd be trying to sue either the Car company for having a shíte cup holder or the company that made the cup for not making it watertight.

Fortunately this is not the US.

Why did my Instructor tell me to look in the rear view before hitting the brakes ?

djimi

username?! wrote: »

This is the OP's fault completely, it's not the driver behinds fault you spilt your morning fix, what kinda of road did this happen on?

Did you actually tell the driver behind / gardai that you slammed on because you spilt your coffee?

If this was me behind you and you slammed on because of this i'd be pissed to say the least!

People can come on and say the driver behind should of been paying attention blah blah, but surely the OP wasn't paying attention to driving if felt the need to slam on the brakes when his coffee spilt?

Legally the driver behind is always 100% at fault in a situation like this. You run into the back of someone then you are at fault, end of story. In this case he may have spilled coffee on himself, but had he slammed on the brakes to avoid a child on the road then the end result would have been the same.

Whether or not the OP was guilty of driving without due care or attention is another matter, but it doesnt alter the blame on the driver behind.

CiniO

username?! wrote: »

This is the OP's fault completely, it's not the driver behinds fault you spilt your morning fix, what kinda of road did this happen on?

Did you actually tell the driver behind / gardai that you slammed on because you spilt your coffee?

If this was me behind you and you slammed on because of this i'd be pissed to say the least!

People can come on and say the driver behind should of been paying attention blah blah, but surely the OP wasn't paying attention to driving if felt the need to slam on the brakes when his coffee spilt?

Talking theoretically as Anan1 pointed out, OP's story is most likely just his imagination, but how can this be OP's fault completely?
Surely whoever was driving in behind, should be prepared that car in front of him might brake suddenly. I he didn't manage to stop and crashed into car in front who undertook emergency braking, then it's his very own fault.

keithclancy

djimi wrote: »

Legally the driver behind is always 100% at fault in a situation like this. You run into the back of someone then you are at fault, end of story. In this case he may have spilled coffee on himself, but had he slammed on the brakes to avoid a child on the road then the end result would have been the same.

Whether or not the OP was guilty of driving without due care or attention is another matter, but it doesnt alter the blame on the driver behind.

If it went to court and the Judge asked why the OP slammed on the brakes he or she would have to make something up as "I just felt like it" wouldn't cut it.

Similarly theres scams that go on in the UK in this way too.

In Germany if you do it for no external reason its 50/50.

Big Nasty

Anan1 wrote: »

I think you should all have a look through the OP's other posts before investing any more time in this thread.

Ha, ha! On 22/10/2010 his 21st was coming up in a few weeks

On 6/8/2011 he had just recently completed his leaving cert.

Top of the class!:D

CiniO

keithclancy wrote: »

If it went to court and the Judge asked why the OP slammed on the brakes he or she would have to make something up as "I just felt like it" wouldn't cut it.

Wouldn't explanation that he got burnt by spilled coffee be good enough?
If you get proper burn, you might not be able to control a vehicle anymore and have to stop.

Alanstrainor

MCMLXXV wrote: »

Ha, ha! On 22/10/2010 his 21st was coming up in a few weeks

On 6/8/2011 he had just recently completed his leaving cert.

Top of the class!:D

And I think we're done here:cool: