Safe Speed Forums

Wondering if anyone could offer some advice on this.

Basically about 3 weeks ago my younger brother had a minor bump, he was approaching a roundabout which was completely empty, there was a van in front of him which set off to go, he did the same but then the van slammed on and he hit the back, there was no traffic on the roundabout at all and no reason to stop.

Minor collision, no damage to van, brother had a cracked headlamp, no police involvement they just swapped details and shook hands.

Start of this week he gets a letter from some personal injury solicitors, both occupants of the van are claiming whiplash. The company my brother works for phoned their insurers who said do nothing, they believe its a fraudulent claim and they are coming out on tuesday to interview him.

He was happy with this but then tonight two different solicitors have phoned him demanding insurance details, he said he would not discuss over phone.

Ten minutes later he gets a call apparantly from a sgt at our local police station telling him he must visit the station immediately with his insurance.

This last one seems very odd to me, would the police get involved at this stage in what is a civil personal injury matter. It all seems a little fishy to me.

Any advice?

Thanks

You must give your insurance details to the police. I know of no laws saying you must show details to the other party or thier solicitor.

When my parked car (and 3 others) was hit by a drink driver, he produced to the police then refused to exchange insurance details with me
Then the police refused to share his insurance details with me because it was personal data owned by a third party (owner of the car) .

_________________
Speed limit sign radio interview. TV Snap Unhappy
“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code

Thanks.

What would cause the police to suddenly become involved now though? They didn't attend the scene and he wasn't given a producer. Is it feasable that this was really a police officer demanding him to the station this instant?

I t sounds like one of the injured party from the van have either been advised to report it to thepolice by their solictor, or they have just gone in off there own back.
Either way the injury should have been reported even if only for stats purposes. The onus is on your brother to report it as well if he doesn't then technically he could commit the offece of failing to report an injury road traffic collision.
Stephen

Just exchange insurance details, tell the police, and then get legal advice.

Q. What should I do if I am involved in a collision?
A: If the collision creates an emergency situation, you should dial 999. This includes:
a collision involving serious injury
a collision that creates a hazardous situation.

Examples of hazardous situations include:
a blocked road or carriageway
hazardous debris
damage to railway tracks/bridges etc
risk of fire
hazardous loads such as chemicals or gas.

If the incident is not an emergency situation

This advice only refers to collisions where no-one is hurt or suffered only minor injury. If you are involved in a collision where a vehicle or property is damaged, you must stop and give your details to anyone with reasonable grounds for requesting them.

If you are involved in a collision where no injuries have occurred, you need to exchange the following details with the other people involved:
registration numbers of your vehicles
details of the drivers involved
details of the registered keeper if they are different from the driver.

If no one has been injured, and all the drivers involved are willing to exchange details, you don't have to report the matter to the police.

If the collision involves injury, you need to exchange the above details with the other drivers involved – but also provide details of your insurance. If you don't have these details available, you must report the collision to a police constable or a police station as soon as possible, but in any case within 24 hours.

Finally, if you have been involved in a collision and did not think you were injured at the time but have subsequently developed some symptoms, you should again report the matter to your local police station as soon as possible.

Staffordshire Police has produced a collision care pack, for further advice if you are involved in an incident, you can also call the free collision helpline on 0800 107 2337. This service is free to anyone and is provided by the RAC. (Staffordshire Police cannot support or endorse any companies, products or services)

Q. The driver involved in the collision failed to stop, or left without giving their details. What should I do?
A. Failing to stop if you are in a collision involving injury or damage to property is an offence. If a driver fails to stop or leaves the scene of a collision without giving details, you should notify the police as soon as possible, or in any case within 24 hours, giving:

the time, place and nature of the incident
details of the car and if possible the driver
their direction of travel when leaving the scene.

The police will advise you on what to do next.

Q. Can you obtain details of other parties involved in a road collision?
A. Yes - if details have been recorded these can be obtained free of charge over the telephone from the appropriate Administration of Justice Department. However, details of witnesses will not be disclosed.

Once the case has been finalised, a full copy of the report can be obtained for a fee, but this is usually arranged by insurance companies or solicitors. You should allow a few days to elapse before contacting the Administration of Justice Department, as it may take some time for the report to reach them.

Q. Do I have to notify my insurance company?
A: Most, if not all, insurance policies state that the insured person must notify them of any collision in which they are involved, even if they’re not making a claim or they were not at fault. Read your policy for more information.

Q. I have witnessed a road collision. The driver at fault was driving badly beforehand. Should I report this to the police?
A: Yes. If you are a witness to any road traffic collision and do not give your details to the parties involved you should always contact the police as you may have important information.

Q. I think the driver of another vehicle has been drinking. What should I do?
A: If you believe they have been driving while over the legal alcohol limit, contact the police as soon as possible on 08453 30 20 10. Alternatively contact Crimestoppers in confidence on 0800 555 111.

Q. I’ve been in a collision involving an animal. What do I need to do?
A: If it is a wild animal, the Road Traffic Act does not require you to report the collision to police. However, if a wild animal is injured and needs veterinary treatment, the police hold a list of vets available to attend. The Road Traffic Act does however specify collisions with the following domestic type of animals as being reportable, they are, pig, cattle, goat, ass, sheep, horse, mule or dog. Contact should be made with the police in the area of the collision or to any police constable or at any police station within 24 hrs.

You will be asked for details, such as:
whether anyone is injured
whether the animal is dead or injured
whether you have traced the animal’s owner
whether the incident has created any further hazards.
If there is no need for officers to attend, but if you haven’t been able to trace the animal’s owner, you must report the incident in person to a police officer or at a police station as soon as possible, or within 24 hours of the collision. You should take the following documents:
driving licence
insurance certificate
MOT certificate if required
details of any witnesses to the collision.

Q. Can I look at the Highway Code online?
A: Yes. Many of your questions about vehicles, roads and driving are answered in the Highway Code at www.highwaycode.gov.uk

Q. My car was damaged in the collision. What will happen to it?
A: In the interests of road safety, damaged vehicles should be removed as quickly as possible. If necessary, the police may call a garage to recover your vehicle from the roadside. If this is done, any charges are payable by the vehicle owner. You can choose your own garage or the police will call the nearest garage.

Q. What if the other driver isn't insured?
A: If you suffer injury, loss or damage to your property as a result of a road collision, compensation will normally be payable through your policy.

Where the offender is untraced or uninsured, compensation may be available from:

Motor Insurers' Bureau
152 Silbury Boulevard
Central Milton Keynes
MK9 1NG
Tel: 01908 830001

The Motor Insurers' Bureau can consider claims for:
personal injury, loss or damage to your property caused by an identified driver who is uninsured. This can include injury, loss or damage caused by an identified driver of a stolen vehicle where the rightful owner is uninsured.
personal injury (but not loss or damage to property) caused by an untraced driver.

If you should succeed in getting compensation in two or more ways from a criminal court, and through the Criminal Injuries Compensation Scheme, or the Motor Insurers' Bureau, the award may be reduced to avoid a double payment.

You cannot receive compensation twice for the same thing from public funds. You need to be aware of this when claiming, whether you are claiming for yourself or for your insurance company. You cannot claim on insurance and also against an offender.

Where a stolen vehicle is insured by the rightful owner, claims for personal injury and property damage must be dealt with by the rightful owner's insurers. In these cases, details of a vehicle's ownership may be obtained from the police.

Q. What is the role of the police at a collision?
A: The officers will:
protect the scene from further collisions
ensure the injured are treated
ensure the free-flow of traffic
arrange recovery of vehicles where appropriate
investigate the cause of the collision and whether offences have been committed.

Q. What will happen at the police station when I report the incident?
A: A member of staff will help you fill in a collision report. While at the station you may be asked to write a statement giving your version of the incident. Bring your:
driving licence
insurance details
test certificate if required
registration document.

Q. Will I have to make a written statement?
A: You may be asked to make a written statement, but where cases are considered for prosecution you will usually be sent a statement to fill in yourself. This doesn’t automatically mean you will have to appear as a witness in criminal proceedings. Further written notification will be given to you should that be necessary.

As its an injury accident it needs reporting to the police.

Other than that direct all communication to the insurance company.

Okay thanks.

There was no mention of any injurys at the time, it was a 5mph collision and they all laughed it off.

No win no fee anyone.

Sounds awfully fishy. The norm is to allow the insurance companies to deal with one another directly. I would also be hugely suspicious of someone calling me claiming to be the police. I would take their name and tell them you'll call them back through the switchboard at the police station. The police would presumably have access to the insurance database?

This happens all the time.

The other guy will have got to work and someone will have told him he can make a few quid out of it if he just pops down to casualty and takes a couple of days off sick.

I know someone at work who got a few grand for whiplash after being gently bumped from behind, damage to the car he was driving was limited to a broken licence plate bulb (car was inspected by the dealership).

Nice to see the insurance company taking a stand on it for once.

I've heard apocryphal tales of a similar scam with one or two taxi drivers. They take out their reversing light bulbs, wait for a vulnerable-looking victim (e.g. aged couple) to stop behind them at the lights, reverse hard into them and then claim that they ran into the back of the car (with all the attendant "whiplash" claims that go with it). A variation is when they have an "accomplice" nearby who "just happened to see the whole thing" and is prepared to back up the claims as a "witness".

There really are some evil scumbags around!

I'm not saying this was a deliberate attempt to get some "compo" by slamming on the brakes - it could easily be that they had the whiplash as an "afterthought". My dad had a similar situation a few years ago. He was driving his old Reliant Kitten and rolled (literally) into the back of some woman in a traffic queue. His fault, no question, but the damage was restricted to a few hairline cracks in the Reliant and a broken tail light lens on her car.

Next thing, he gets claims for "whiplash", "flashbacks", insomnia, ...you name it, she milked it!

Well the insurance companies do encourage you to claim for it, especially the 3rd party claim management companies if you go through one of them rather than your own insurance after being hit (generally a good idea IMO as you don't lose your no claims bonus while the claim rumbles on)

According to the snot-o-gram from the insurance company of the guy who recently ran into the back of me, it is illegal to not give your insurance details when requested, they cite some part of the Road traffic Act, I don't know which part as I've sent the letter onto my claims people.

As for whiplash, you know it can sometimes be genuine, even in a low speed accident. Mine wasn't low speed but bloody hell does it hurt, and GPs are useless at dealing with it so for many people private physio at the expense of the other guy's insurance is the only way they can stand a chance of getting it fixed.

Yes, whiplash is (or can be) real and painful. The problem is that it varies enormously from one person to the next and one "shunt" to the next. If, however, we look at the number of cases of it, they have exploded in recent years and yet I don't expect the number of rear-ending accidents has changed all that much!

Interestingly, I went to a talk once where they pointed out an interesting little snippet that claims for whiplash were inversely proportional to the severity of the accident!

Unfortunately, it doesn't seem to leave (in most cases) physical evidence. You can't "x-ray" for it, as it were.

There's little doubt in my mind that many of the claims are bogus - or at the very least, exaggerated. For many of them, the only treatment that seems to cure it is to apply liberal doses of cash to the affected area.

Have you checked if the person who called is:

A) A police officer?

B) If he is a police officer, was authorised to act in the way he did?

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www.thatsnews.org.uk / www.thatsnews.blogspot.com / http://thatsmotoring.blogspot.com/

"Where there's blame, there's a claim"



I can beleive this, in a lower speed impact, your head is more likely to flop about, whereas in a more severe impact, perhaps your head is more likely to get thrown into a position and stay there. Of course, in the really bad accidents you have bigger problems than whiplash to deal with, like concussion or broken bones, so whiplash kinda drops off the radar.

Of course, the other reason for claiming is because you get screwed over in so many other areas of the claim that it's an easy way to get your money back (eg. lost value on the car, other problems with the car that it caused but the insurance deny responsibility for (ie. alignment/tracking, and the killing of a perfectly good set of tyres because the repair shop didn't fix this), credit card interest / bank charges on all the money you had to shell out dealing with all the crap while the insurance company takes 3 years to pay out (eg. replacing broken kit, taxi fares).

In my case the accident happened the day before I had it booked in to a garage to diagnose an oil leak and boost problem. The repair took 3 months, putting the car 4 days out of warranty when I got it back and went to have that problem diagnosed, as a result I had to shell out £2000 for a new turbo and £650 labour that would have been done under warranty had the stupid git not driven into the back of me. The insurance are refusing to pay up for that one.

Was this a manufacturers warrenty on a "New" car or a "Mechanical breakdown insurance" on a used one?

If the former, you should really have persued this! especially if you could have shown that it was booked in prior to the accident.

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"The road to a police state is paved with public safety legislation"

I had an accident recently, as I was 3rd party I contacted my "uninsred loss recovery company" ( I think thats what the policy was called ) and they asked several times about injuries (there wernt any).

The next day my case was taken up by the Accident Exchange, they took the car away and left me a rental car and got my car fixed. They too seemed to be keen to add injuries to the claim, it wasnt mentioned as such but the implications seemed clear.

I did not make the claim but you can see why a lot of people do.

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Nick

The place I bought the car off said they would cover any problems that occured within the first 3 months of purchase. I was hit 3 weeks after buying it.

I'm still waiting for the payout over this crash, it is now going to court to avoid the 3 year timeout, as the insurance company have been dragging their heels somewhat. When you add in interest and bank charges onto the initial cost of all this, I'll be lucky to break even, even with the personal injury claim.

Oh and the medical report says I'll be stuck with the back&neck pain for the rest of my life