# Involved in Motor accident_Making a claim



## stevie (28 Jun 2009)

Hi folks,

I was involved in a motor accident on Friday evening where a jeep ran into the back of my car at traffic lights. Although I felt a tiny bit of strain in my neck thankfully no serious injuries and he didn't drive me into the vehicle in front of me. Other party accepted liability and all formalities were went through. Exchanged details, guards called, statements and details taken by them etc. 

I rang both my Insurance co. (AXA) and other parties insurance co. (Allianz) and informed them. I was told by AXA to ring back Monday morning and a claims advisor will take details and deal with Allainz on the claim...I wouldn't have any dealing with Allainz as such. Alternatively I can deal directly with Allianz if I so wish...its up to me. Is this advice correct? If so which route am I best taking?

Probably should have mentioned before now that my car is a write off even though its driving, albeit with no tail lamps. Got a local crash repair centre to look at it Saturday morning. Was told it would be 3 to 3.5 to fix. Market value of my car - 2k at best. Was told by him also I would be lucky to get much more than a grand for the car which is kind of annoying me. I put considerable money into it of late in terms of repairs and maintenance and one thing and another for NCT also. 

I was told by him I should if I feel any discomfort at all put in a personal injury claim. Now if fair is fair I wouldn't be one to partake in insurance fraud but if I'm only going to get a grand for my car my view is altered. I do have a small bit of strain in my neck, hardly anything worth talking about but have being feeling stressed about the whole thing since. Getting car for work, depending on friend and family for lifts over past 2 days also.

Would all personal injury claims go to court and also what way should I iniatite a claim? Should I get a doctor cert and then go to solicitor or is this the correct process.

Any advice welcome and thanks in advance


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## peteb (28 Jun 2009)

You want advice as to how to put in a fraudulent Personal Injury?? Forget it!!  

The reason they ask you if you want to go direct with Allianz is that if you have comprehensive insurance, you could claim off your own policy and have AXA chase Allianz for the money for repairs.  But your no-claims bonus would be affect until all sorted.  Otherwise you could just go direct through Allianz with no outlay from AXA.

If you had paid attention, im sure AXA would have told you if you bring your car to one of their approved repairers you would get a courtesy car.  So no need to rely on other people.  

On your fraudulent claim front, no it all has to go through the Injuries Board to get processed.  So they can weed out the chancers of this world, i.e. you!

Just because your car was a heap doesnt mean everybody else should pay for it!! Maintenance and repair costs its just the joys of car ownership so get over it!


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## stevie (28 Jun 2009)

peteb said:


> You want advice as to how to put in a fraudulent Personal Injury?? Forget it!!



I don't want to go down the route of a fraudulent claim. I do feel some strain in my neck, although little, and I have being stressed out over the past few days. I would be willing to ignore this and being inconvenienced also If I knew I was going to get a fair and decent compensation cheque for my car, without wanting over the odds.

The reason they ask you if you want to go direct with Allianz is that if you have comprehensive insurance, you could claim off your own policy and have AXA chase Allianz for the money for repairs.  But your no-claims bonus would be affect until all sorted.  Otherwise you could just go direct through Allianz with no outlay from AXA.[/quote]



peteb said:


> If you had paid attention, im sure AXA would have told you if you bring your car to one of their approved repairers you would get a courtesy car.  So no need to rely on other people.



I can verify 100% that at no point in the telephone conversation was I told this. Also my car although driving has no tail lamps so to take it on the road and taken it to an approved repair centre would be a hazard.

On your fraudulent claim front, no it all has to go through the Injuries Board to get processed.  So they can weed out the chancers of this world, i.e. you!



peteb said:


> Just because your car was a heap doesnt mean everybody else should pay for it!!


 peteb I totally despise that statement. My car although of low value now was not a heap. It was always maintained to the nth degree by me and was running like absolute clockwork. Please refrain from such personal slanging as it does not help. I will be inconvenienced in replacing it also and will probably be hard pushed to get anything fairly decent for the compensation I was told I should be expecting to receive


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## peteb (28 Jun 2009)

Listen, its a recession there are bargains to be had. I bought my car for 12.5k two years, and if it was written off I would get 5k for it - thats life!!  

Re: despising my statement you had already said you "put considerable money into it in terms of repairs, maintenance one thing and another and the nct".  So?? That doesnt change the value of you car.  Thats just upkeep.  The joys of motoring.  You cant make a claim for stress because you havent had a car.


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## Smashbox (28 Jun 2009)

> Now if fair is fair I wouldn't be one to partake in insurance fraud but if I'm only going to get a grand for my car my view is altered. I do have a small bit of strain in my neck, hardly anything worth talking about


 
This statement shows that you would be willing to defraud because you are not getting enough, in your eyes, for your car. No one here will help you defraud.


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## onq (28 Jun 2009)

stevie said:


> Hi folks,
> <snip>
> I was told by him I should if I feel any discomfort at all put in a personal injury claim. Now if fair is fair I wouldn't be one to partake in insurance fraud but if I'm only going to get a grand for my car my view is altered. I do have a small bit of strain in my neck, hardly anything worth talking about but have being feeling stressed about the whole thing since. Getting car for work, depending on friend and family for lifts over past 2 days also.
> <snip>



I think this statement may have compromised your position.

HOWEVER...

Persons with soft tissue injuries may not develop pain or discomfort immediately.
Sometimes the tissues may be damaged and be needing rest and if they get it nothing worse may occur.
It may be a different story of they don't get the rest they need.
I once had a crash from a motorcycle and the kick-starter end swung out and caught my calf muscle.
Hobbled around for a while, but the bike was drivable and after an hour the soreness passed.

Went on my merry way and so forth until two days later my leg started getting very sore.
Eventually went to the doctor to be given an immediate prescription for an anti-inflammatory drug and something else, I cannot remember.
The doctor told me that the injury hadn't healed, that the muscle had become inflamed and that if I'd not gone to him it could have resulted in my developing a torn calf muscle within the next couple of days or so.

So, regardless of whether you think you've been injured or not, go to your doctor.
Regardless of your comments here, get a professional and if necessary a specialist to look at your neck.
You may still be in shock with a mild soft tissue injury, or you may have misaligned something, a disc or whatever.
The point is, just because you considered "talking up" your injury, doesn't invalidate a real claim if you have one.
Complications may not arise immediately, or for several months, but if you engage a professional, and a real injury develops, what you've said here will probably not be held against you.
It was a natural consequence of you feeling hard done by through circumstance.
The hard fact is that insurance pay outs for car damages favour newer, more expensive cars.

FWIW

ONQ.


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## stevie (29 Jun 2009)

peteb said:


> Re: despising my statement you had already said you "put considerable money into it in terms of repairs, maintenance one thing and another and the nct".  So?? That doesnt change the value of you car.  Thats just upkeep.  The joys of motoring.  You cant make a claim for stress because you havent had a car.



When you put it in that context that is fair enough peteb but I do feel quite justified in taking exception to your original comment as it was offensive to me, i.e. the following statement: -

_Just because your car was a heap doesnt mean everybody else should pay for it!!_


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## stevie (29 Jun 2009)

Thanks onq. I will get myself checked out at the doctors as soon as possible and your other advice tells me the way it is and the way it works which is what I want to know


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## annet (30 Jun 2009)

What would one normally do if you have an accident at home and suffer an injury - go to the doctor or A&E Department and get seen to!  The question should not even arise - just because you will get 1,000 for your car its now an issue for PIAB.  If you are GENUINELY injured go to your doctor for an assessment - if truly a soft tissue injury they decide if it warrants referral for further investigation.  If not, I'd advise dont be wasting health services time - their resources can be best placed on genuine cases.... not saying that your's isnt though!


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## RentDayBlues (30 Jun 2009)

No wonder insurance is so costly in Ireland with people like you around! So you're not going to get what you feel you deserve for your car so you're going to defraud some individual just to be "fair"!!!!


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## Caveat (30 Jun 2009)

stevie said:


> ...Now if fair is fair I wouldn't be one to partake in insurance fraud but if I'm only going to get a grand for my car my view is altered.


 
There are no buts - either you are happy to get involved in insurance fraud or you are not.

It's a bit like saying that you wouldn't normally tamper with your ESB meter but because your bill was high...

As _onq_ says though, see a doctor - your claim may end up being completely legitimate anyway.


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## stevie (30 Jun 2009)

annet said:


> What would one normally do if you have an accident at home and suffer an injury - go to the doctor or A&E Department and get seen to!  The question should not even arise - just because you will get 1,000 for your car its now an issue for PIAB.  If you are GENUINELY injured go to your doctor for an assessment - if truly a soft tissue injury they decide if it warrants referral for further investigation.  If not, I'd advise dont be wasting health services time - their resources can be best placed on genuine cases.... not saying that your's isnt though!



I will be going to the doctor tomorrow to get checked out. I do feel some level of discomfort in my neck intermittently. I would be willing to let this go and just put up but together with the anxiety and stress of the last few days I dont think I will. Plus if I am getting only a grand for my car I will be hard pushed to find a road worthy replacement with the money..more stress and hassle and taking time off work to get a car no doubt. I am just taking these factors into account in the same way an insurance assessor would take into account my car is almost 10 years old and only worth a grand.


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## stevie (30 Jun 2009)

RentDayBlues said:


> No wonder insurance is so costly in Ireland with people like you around! So you're not going to get what you feel you deserve for your car so you're going to defraud some individual just to be "fair"!!!!



What individual will I be defrauding or who will I be defrauding for that matter? Would you agree that there are gross inequities in motor insurance? Do insurance companies take advantage of younger drivers or do they not? Where is the fairness in that?


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## allthedoyles (1 Jul 2009)

In my opinion , there is no argument here.........you have been in a road traffic accident , ....your car is a write-off.........you have a strain in your neck.

Get your car checked out by professionals , and get yourself checked out by professionals .

These qualified people will decide ,the extent of the damage to your car and the extent of the damage to yourself.


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## annet (1 Jul 2009)

It comes down to the following - you either have an injury or you dont and the only way you will find out whether its a soft tissue injury or of another pathology is get yourself checked out by a doctor.  They are the ones who are actually qualified to make that decision.... and it will eventually come down to their opinion if a PI claim - it wont be your GPs - see a consultant orthopaedic surgeon or neurologist!  The price you will get for your car although you may not like it - its reality - its all your car is worth... you realistically dont expect an insurance company to pay you more than its replacement value.  You certainly wont be able to load stress and anxiety onto your PI claim because you have to take time out to get a new car.... while I understand its somewhat bothersome being put in this situation due to anothers fault - be glad it was not a serious RTA, get yourself seen to - that should be your immediate priority.


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## monascribe18 (1 Jul 2009)

2 years ago i had an accident whiplash/soft tissue injury i got £5000 compensation,if thats any help as a guide line,i live in Nr Ireland


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## RentDayBlues (1 Jul 2009)

> What individual will I be defrauding or who will I be defrauding for that matter? Would you agree that there are gross inequities in motor insurance? Do insurance companies take advantage of younger drivers or do they not? Where is the fairness in that?



You are defrauding the person who's policy you are going to be claiming off - they will suffer financially because of your fraudulent claim, someone has to pay! And more to the point, people claiming false PI's push up insurance prices for everyone. 

So you are justifying your making a claim for PI because you wont get what you want for your car, by comparing it to insurance compnaies charging younger drivers more for insurance?? We've all been there, paid our time and got past this! 

If you have a genuine injury then thats fine but it really doesnt sound like it - also just to make you aware if you do decide to make a claim and go through the PIAB it can take up to 12 months to process the claim, you pay for all the doctors visits required to verify your claim so think about this - you will be out of pocket for all of this and may not get it back, what will you do then?


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## stevie (1 Jul 2009)

RentDayBlues said:


> You are defrauding the person who's policy you are going to be claiming off - they will suffer financially because of your fraudulent claim, someone has to pay! And more to the point, people claiming false PI's push up insurance prices for everyone.
> 
> So you are justifying your making a claim for PI because you wont get what you want for your car, by comparing it to insurance compnaies charging younger drivers more for insurance?? We've all been there, paid our time and got past this!
> 
> If you have a genuine injury then thats fine but it really doesnt sound like it - also just to make you aware if you do decide to make a claim and go through the PIAB it can take up to 12 months to process the claim, you pay for all the doctors visits required to verify your claim so think about this - you will be out of pocket for all of this and may not get it back, what will you do then?



Rentdayblues I just don't follow your logic. Firstly I wont be defrauding the other party. A claim is bring made anyway and he will loose his no claims bonus (assuming he does not have bonus protection).

I am justifying my claim on the grounds that I am feeling some discomfort as a result of the accident. I hold insurance companies in very very low regard and they are certainly no better than people making fraudulent claims. Remember too that insurance companies are big organizations with considerable resources. 

Regarding young drivers paying more for motor insurance you mention we've all being there paid, our time got past it but have we all though, has it being done fairly and equitable and has it worked the way it was supposed to. Let me run the following scenario by you and ask you for a comment. I started driving in 2002 when I was 20. I got a full license before I got on the road. Got a 2 seater car van which was cheaper to insure than a 4/5 seater car and paid 2.5k tpf&t insurance for first year and the premium wasn't a whole lot less for the second and third year with no claims being made or no change in particulars. Now a friend a small bit younger than me also got on the road in and around the same time as me with a full license also but with a five seater car (the same veihcle would have cost me a lot more to insure). He got insured under his fathers name and paid 800 euro odd and around this figure for 2nd year also. In his second year of driving he was the cause of a serious accident in which an elderly lady was very nearly killed. She sustained a punctured lung, extensive bruising and trauma among other injuries. The claim was about 80k in total (and that included the cost of a new car for him as he had comprehensive cover) Now the same chap was back on the road again the following year for just over a grand while muggins here was paying close to 2 grand. Is that right? Is that the insurance working the way it should be working? Are insurance companies not disproportionately taking advantage? No disrespect to my friend but think that after such an accident due to downright negligance on his part it should be made moreless impossible for him to get back on the road. Charge a premium of 50k or whatever it takes. He should have certainly paid more than me in the third year.



RentDayBlues said:


> If you have a genuine injury then thats fine but it really doesnt sound like it - also just to make you aware if you do decide to make a claim and go through the PIAB it can take up to 12 months to process the claim, you pay for all the doctors visits required to verify your claim so think about this - you will be out of pocket for all of this and may not get it back, what will you do then?



I do feel some discomfort in my neck and was put about by the accident which I would be willing to ignore and Im sure I will improve quickly but for reasons such as afore mentioned by me I will be putting through a claim. I would be willing to ignore any strain or stress if insurance companies were any way straight and acted with integrity but under the circumstances I think what goes around comes around also


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## ailbhe (1 Jul 2009)

stevie said:


> Regarding young drivers paying more for motor insurance you mention we've all being there paid, our time got past it but have we all though, has it being done fairly and equitable and has it worked the way it was supposed to. Let me run the following scenario by you and ask you for a comment. I started driving in 2002 when I was 20. I got a full license before I got on the road. Got a 2 seater car van which was cheaper to insure than a 4/5 seater car and paid 2.5k tpf&t insurance for first year and the premium wasn't a whole lot less for the second and third year with no claims being made or no change in particulars. Now a friend a small bit younger than me also got on the road in and around the same time as me with a full license also but with a five seater car (the same veihcle would have cost me a lot more to insure). *He got insured under his fathers name *and paid 800 euro odd and around this figure for 2nd year also. In his second year of driving he was the cause of a serious accident in which an elderly lady was very nearly killed. She sustained a punctured lung, extensive bruising and trauma among other injuries. The claim was about 80k in total (and that included the cost of a new car for him as he had comprehensive cover) Now the same chap was back on the road again the following year for just over a grand while muggins here was paying close to 2 grand. Is that right? Is that the insurance working the way it should be working? Are insurance companies not disproportionately taking advantage? No disrespect to my friend but think that after such an accident due to downright negligance on his part it should be made moreless impossible for him to get back on the road. Charge a premium of 50k or whatever it takes. He should have certainly paid more than me in the third year.


 
He committed fraud by insuring the car under his fathers name as his father was not the main driver. He broke the law to save a few bob and then nearly killed a woman. 
His dad will have that claim hanging over him for a long time. 

Breaking the law to save money is still breaking the law and even if insurance co.s "have the resources", where do they get these resources? From premiums!!! And who pays the premiums? Everyone.

When your insurance premium goes up next year (not because of the claim but because of an increase in claims generally which is resulting in all companies increasing their rates), you might think about all that.


Also a PI claim will cost you a lot in the short term. Medical fees, time off work to see specialists etc. You would recoupe these costs if your PI claim was successful but it won't help you gather the money together to get a better car. PI claims can take years to process.


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## annet (1 Jul 2009)

I do feel some discomfort in my neck and was put about by the accident which I would be willing to ignore and Im sure I will improve quickly but for reasons such as afore mentioned by me I will be putting through a claim. I would be willing to ignore any strain or stress if insurance companies were any way straight and acted with integrity but under the circumstances I think what goes around comes around also[/quote]

Putting in a claim for what injury exactly?  Have your been to the doctor, have they diagnosed you with anything (other than the obvious) and whats the prognosis?  The only thing which at this moment in time you are entitled to put a claim in for is the damage done to your vehicle...full stop!  Acting with Integrity - this cuts both ways?  Genuine cases of personal injuries cover ie, physiological injury, psychological impact, loss of function, impact of incident and injury on your personal, working and social life, and loss of earnings... your accident happened last Friday didnt it... your claim wouldnt amount to much bud!  As you say what goes around comes around!    Wouldnt be too hard for the PI people to track this claim down.


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## stevie (2 Jul 2009)

ailbhe said:


> His dad will have that claim hanging over him for a long time.



Thing is though it wouldn't appear as such. As I said already the motor insurance never rose significantly the following year while muggins here was being fleeced for careful ************************* driving. Whether or not the set up was fraudulent on my friends part I strongly believe that particular insurance policy should have subsequently being loaded.



ailbhe said:


> Breaking the law to save money is still breaking the law and even if insurance co.s "have the resources", where do they get these resources? From premiums!!! And who pays the premiums? Everyone.
> 
> When your insurance premium goes up next year (not because of the claim but because of an increase in claims generally which is resulting in all companies increasing their rates), you might think about all that.



There is something I have a issue with here. Yes premiums are going up across the board these times, thats a well known fact at this stage. They are going up for the reason you outline but this is not the only reason. Are you aware that motor insurance premiums are also going up because insurance insurance companies are attempting to recoup losses from bad investments through motor insurance premiums. Would you consider this behaviour acceptable and should it be allowed? I certainly wouldn't think so. Should those who don't have such investments be made to suffer? Its one of the reasons among others that I for one would like to see stricter regulation in the insurance industry.


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## stevie (2 Jul 2009)

annet said:


> Putting in a claim for what injury exactly?



Discomfort which I have in my neck. 



annet said:


> Have your been to the doctor, have they diagnosed you with anything (other than the obvious) and whats the prognosis?



Will be doing so tomorrow. Will keep you posted annet



annet said:


> Acting with Integrity - this cuts both ways?



Agreed. If somebody is straight with me then I'll be straight with them but if not well....



annet said:


> your accident happened last Friday didnt it... your claim wouldnt amount to much bud!



Thats where you you might find that you are incorrect. Certain injuries such as injures to soft tissue injuries may not surface immediately and hence you are given up to 2 years to make a claim.


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## annet (2 Jul 2009)

Good thing you are going to get yourself seen to then - did you get the referral to a specialist?  Just to let you know the process of Injury claims - you be paying for all medical consultations, medico-legal reports, professional accountancy, actuarial fees for loss of earnings, engineering fees, vocational assessors.  That doesnt even take into account the money you will spend in going to doctors and undergoing diagnostics like MRI and CT (they are not cheap).  You will have to take time out to visit specialists, vocational assessors etc. from the opposing side.  Depending on the nature of your injury your claim can be in the system for years.  But if its what you want go ahead - see how you get along....


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## ailbhe (2 Jul 2009)

stevie said:


> Thing is though it wouldn't appear as such. As I said already the motor insurance never rose significantly the following year while muggins here was being fleeced for careful ************************* driving. Whether or not the set up was fraudulent on my friends part I strongly believe that particular insurance policy should have subsequently being loaded..


The claim occurred within the first year of the policy. There was no discount for no claims at the point where the incident ocurred therefore the policy wouldn't have risen much at renewal. It would have then gone down as the no claims discount was built up in subsequent years. A loading is usually only applied after a conviction or a series of claims. You hardly think it would be fair of a company to apply a "one strike and you're out" approach and load everyone who has ever had a claim? Was the driver who caused the accident convicted of dangerous driving or of careless driving?







stevie said:


> There is something I have a issue with here. Yes premiums are going up across the board these times, thats a well known fact at this stage. They are going up for the reason you outline but this is not the only reason. Are you aware that motor insurance premiums are also going up because insurance insurance companies are attempting to recoup losses from bad investments through motor insurance premiums. Would you consider this behaviour acceptable and should it be allowed? I certainly wouldn't think so. Should those who don't have such investments be made to suffer? Its one of the reasons among others that I for one would like to see stricter regulation in the insurance industry.


 

And were you or anyone else complaining when these "bad investments" were yielding profit and meaning insurance premiums were dropping dramatically in the last 10 years? Although premiums are rising they are absolutley down compared to a decade or so ago. Due to the investment of premiums in various different areas, meaning an increase in profit and therefore a decrease in premiums.
If insurance companies hadn't invested premiums and were relying on premiums from customers alone we would be back in an age where insurance was sky high and people couldn't afford to pay insurance.
No investment is risk free. Ask any investor.

Strict regulation in the insurance industry is already there. And it has also contributed to increased insurance costs. Not that I am against regulation as it is essential. There were far too many cowboys in insurance in the past. I don't think you realise how strict regulation is and the changes to the operating of insurance companies in the last few years. Things have changed dramatically and compliance is a huge part of that.

That regulation also applies to Joe Soap too. PIAB will investigate all claims in depth. It is no longer as easy to make a fraudulent claim. Insurance fraud is being taken very seriously. You can thank the regulations for that too.


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## a lawyer (2 Jul 2009)

just so everyone is clear - PIAB investigate nothing, let alone investigating claims "in depth".

PIAB in my view would in fact make it easier to make a fraudulent claim (not that it wouldn't still be a crime however).  It's only when a personal injuries summons in issued (after the PIAB process) that people have to swear affidavits of verification.


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## stevie (3 Jul 2009)

annet said:


> Good thing you are going to get yourself seen to then - did you get the referral to a specialist?  Just to let you know the process of Injury claims - you be paying for all medical consultations, medico-legal reports, professional accountancy, actuarial fees for loss of earnings, engineering fees, vocational assessors.  That doesnt even take into account the money you will spend in going to doctors and undergoing diagnostics like MRI and CT (they are not cheap).  You will have to take time out to visit specialists, vocational assessors etc. from the opposing side.  Depending on the nature of your injury your claim can be in the system for years.  But if its what you want go ahead - see how you get along....



annet I know for a fact that much of what you have outlined above is absolutely unfounded and incorrect.


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## stevie (3 Jul 2009)

ailbhe said:


> The claim occurred within the first year of the policy. There was no discount for no claims at the point where the incident ocurred therefore the policy wouldn't have risen much at renewal. It would have then gone down as the no claims discount was built up in subsequent years. A loading is usually only applied after a conviction or a series of claims. You hardly think it would be fair of a company to apply a "one strike and you're out" approach and load everyone who has ever had a claim? Was the driver who caused the accident convicted of dangerous driving or of careless driving?



The claim occurred in his second year of driving as I previously outlined. I strongly disagree with you there on your thinking. Firstly the case did go to court and he was done for dangerous driving. That insurance policy should have being loaded after that accident as his blatant negligence caused it. Yes indeed accidents can and do happen. No doubt that the vast majority of people will have a fender bender which is their fault after a prolonged period of driving. However, where you cause a serious accident due to carelessness, being wreckless such as that I which I outlined the insurance policy *should be* loaded if not even the "one strike and your out". Just to ask you again...You are of the opinion that it was right that I paid close to 2 grand in my second and third year of driving and the other chap continued to pay little over a grand under his fathers name after causing a serious accident due to negligence? Is that motor insurance working as it should?



ailbhe said:


> And were you or anyone else complaining when these "bad investments" were yielding profit and meaning insurance premiums were dropping dramatically in the last 10 years? Although premiums are rising they are absolutley down compared to a decade or so ago. Due to the investment of premiums in various different areas, meaning an increase in profit and therefore a decrease in premiums.
> If insurance companies hadn't invested premiums and were relying on premiums from customers alone we would be back in an age where insurance was sky high and people couldn't afford to pay insurance.
> No investment is risk free. Ask any investor.
> 
> ...


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## annet (3 Jul 2009)

stevie said:


> annet I know for a fact that much of what you have outlined above is absolutely unfounded and incorrect.


 
Stevie... small and big cases!


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## cath (4 Jul 2009)

Key observations

1.  In the normal course of events, the immediate priority should be to establish the nature and extent of the injury.  Deciding on whether to sue should be secondary at this stage.
2.  The poster seems 100% intent on putting in a claim.  
3.  Attempting to justify a claim, by comparing your accident with that of your friend where he seriously injured a person, highlighting what is your opinion are the shortcomings in the insurance sector and how young drivers are screwed, some of which are totally valid points, and the level integrity employed by insurance companies.  This is all immaterial to your case of personal injuries.
4. The replacement value of the car is the book value.
5.  The poster obviously has knowledge and makes valid points about the shortcomings in the insurance sector.... again they are immaterial to your particular claim.   There is vast potential for knowledge to be applied in more constructive and positive ways.
7.  A close acquaintance was involved in a personal injuries case.  The personal injuries caused personal injuries that also affected his personal, home and working life.  In taking his case, he had to pay for medical legal reports, accounting and actuarial fees and cos his job was no longer viable he was assessed by a vocational assessor and paid these fees up front.  These were reimbursed on settlement of the case.
8.  Consider the likelihood of being involved in a future road traffic incident in your lifetime and being unfortunate enough to be seriously injured?  If this accident causes you serious injuries the actual value of this claim can be reduced.  The reason is because the first claim for your neck injury is the actual pre-existing injury and if the second accident causes serious injury to your neck you can be sure that the insurance company will rightly dispute whether the second accident makes them 100% liable for your existing injuries.... something to think about.  If you are making a false claim it costs all of us who pay car insurance but it can also cost you in the future.


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