Questionable whiplash claim - Can you dispute this?

trixie

New Member
Jan 17, 2010
2
0
0
Hello, I've been reading some of the other posts about this and it seems to be a growing problem. I would like some advice before proceeding if possible - some of the members seem to know lots about this sort of thing...

The accident happened about 3 weeks ago. My 19 year old sister was driving and was caught in the snow. The traffic was moving very slowly and as she reached the top of a hill everyone started skidding down it. Lots of people hit each other. She managed to skid into a curb quite slowly and the curb absorbed most of the speed. she then slowly bounced off the curb and slid into a stationary car. At the time she and the man in the car and his passenger agreed that there had been no damage. There was no mark to be seen on his car and none on hers. He took her number because he claimed he wanted to look at the car in the day. We heard nothing over Christmas then yesterday had a letter a solicitor saying that he claims he has whiplash. We suspect that this must be one of those no win no fee type things and the man is just trying it on.
I've heard that these cases can be almost impossible to win and once someone cries whiplash they always get a pay out. How should we proceed from here? Should we talk to our own solicitor? Or to our insurance company. She obviously wants to avoid a claim being made and losing my mums no claim bonus.

Thanks in advance.
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi Trixie,

There is little you can do about it and you can't stop them making a claim. All you can do is give your side of the story, but they might record it as an accident anyway.

Tony
 

trixie

New Member
Jan 17, 2010
2
0
0
The letter states 'our client was sitting in a stationary car when you travelling in the opposite direction around a bend negligently lost control of your vehicle causing a collison with our client's stationary vehicle.

The reason why we are alleging fault is that you:

a) failed to keep a safe stopping distance
b) failed to heed road conditions
c) failed to brake in time
d) negligently collided with our client's stationary vehicle

...the letter then goes on to state....

'our client is suffering from whiplash type injuries.'

This letter was dated 2 weeks after the accident.
Should we just leave this to the insurance company to sort out?