mechanical whiplash/No case

I hope i can post here,Ill put little detail until i hear.

Last week i was in an accident in a while known shopping centre,I reversed into objects that should not have been where they were.The shopping centre took full blame and said they would get my car fix.Have heard nothing since from them.

So i rang our solicitor and told him the details and he told me what to do.
I went to my gp and have mechanical whiplash so i rang and got through to the receptionist and was about to tell her about the gp,When she said sorry no case as the cost would be to high,I didn't even get to tell her about gp visit.I squeezed it in at the end of the conversation and said i need physio once a week and am now on pain killers,She recommend to try another solicitor.
Unsure what to do now, I'm in pain and will have to get the car fixed,Ill ring shopping centre and see if they will fix it.

Should i even try another solicitor?

Were the objects stationary? How quickly were you reversing to cause yourself whiplash?

The fact that your solicitor is not willing to take the case on suggests you do not have a strong case.

Sorry to hear about the damage to your car and your injury.

It is never a good idea to drive into a parking space in a confined area. The rule of thumb for safety reasons and to avoid the type of incident you had is "reverse in, drive out", the same as for private drive-ways onto public roads.

If you are comprehensively insured you can undertake repairs to your own car - but phone your insurers first.

I'm fairly certain you can't claim for physical injury to yourself on your own policy, but check it carefully and check with your insurers as well.

I hope the outcomes are in your favour.

Sorry it sounds like you are not due anything as you caused the problem by reversing into the objects hence the solicitor not wanting to take the case.

It might be better if you explained what you reveresed into and why you would think its the supermarkets fault and not your own as you were in control of the car.

Is the solicitor the same one you got in this case?

http://www.askaboutmoney.com/showthread.php?p=1134657#post1134657

At this point I would think you know your way around the legal practices in your area!

Two parts to this issue I think.
1. You stated that the shopping centre "took full blame and said they would get [your]sic car fixed". Who admitted this liability and do you have it in writing or even a contact? If you do then the normal procedure would be for you to get several quotes and inform the centre or their insurer of the cost and they will tell you to go ahead with the repairs.
2. The mechanical whiplash you are now seeking to claim. I would say that the case you have may be shaky. Perhaps the items which you crashed into were not supposed to be there or should have been clearly marked, but you also have a duty of care; you cant just go reversing into things without having some personal responsibility....you are supposed to check before reversing.

So I would say if the centre is offering to repair the damage to your vehicle it is a good result and to expect anything more may be a bit optimistic unless something was dropped unexpectedly in your path as you were reversing.
Maybe your user name tells a story....?

Thanks all for the replies.
It will be quicker if i answer Woodies post ask it sums up most questions.

@slim.That was a very serious accident my husband had,I pm'd Marion to see if i could post the accident in full but it was against the rules,Another aam member helped me greatly and my husband is still very sick.

@Woodie my username is poorme because at the time i began posting my then 6 year old was just diagnosed with type1 diabetes just popped into my head as it was a difficult time.

Ok.
It was the manager that said they would sort the car and gave out abit about the trolley staff not sorting the trollies.
I was parked opposite the trolley bay and looking in my mirrors reversing out i could not go forward as there was a car in front off me,Also the cars on both sides were a bit tight and said above i was in front of the trolley bay,I drive a 7 seater people carrier.High at the back.

So it was trollies 3/4 across the entry and exit way.If i had of hit the first few trollies i prob would have just damaged them,But i hit the center so i had no bounce/spring it was like hitting a brick wall.I was doing between 5-10ish km.I was looking over my left shoulder so that's how my injury happened.

Sorry it sounds like you are not due anything as you caused the problem by reversing into the objects hence the solicitor not wanting to take the case.

It might be better if you explained what you reveresed into and why you would think its the supermarkets fault and not your own as you were in control of the car.

Click to expand...

You moved your car into an area without looking...........where you were going.

There could have been a child there.........and you want compensation!!

Does anyone else think this is wrong???

I don't see anyway of winning a case if you hit a stationary object.

Hi Poorme, sorry to hear about your accident and your injuries. I also hope your 6 year old is doing ok. I agree with monagt's post, the trolleys were not moving, they were stationary so...I personally do not understand how you could hold somebody else responsible for reversing into them. It does not matter how tight the space was, you were the one in control of the vehicle, which, is a 7 seater, therefore a big vehicle. If it had been a child......well, no need to go there. If you did not have the space to move: you should not have proceeded.

I am wondering if the manager said that on the spur of the moment to "make it go away", for lack of a better expression. If you had his statement in writting, it would be different as although he/the shop is under no legal obligation to fix your car and/or compensate you for your injuries, that written statement would more likely have obligated him to honour the commitment.

Hi poorme; looking at your answers I think you would be fortunate to have the manager admit liability and offer to have your car fixed, I would accept that offer IF it is still offered, I'd have my doubts. However as I said when reversing or otherwise in control of a vehicle you have a duty of care to ensure you have a safe passage. I really don't think you have a case.

Seeing now that you have a lot on your plate probably you were distressed or distracted but that situation does not give you a legal standing to negate your personal responsibility when reversing. If your vehicle is difficult to see out of then perhaps you could retro fit some sensors, Halfords do them at a reasonable price.

BTW when asking about your name, it was not a dig at you, just a query based on my reading of your post in this case....basically I don't think you can negate your personal responsibility it is up to you to check before you reverse. See

I am sorry Poorme but the posts are correct there is no way you will be able to claim for this. You have a duty of car when driving a car and like other posters pointed out you could have reversed into a person and it would be them claiming off you.

Because you reversed into the objects I cannot see how its anyone elses fault even if they were not tidied up correctly. I for one know if I am going back to a spot that I was tight either side in and opposite a trolley bay I would have a look at the back before reversing out.

I would jump at the managers offer to repair the car and be glad they did.

Thanks Mongola.
I did have a more detailed post written out but when i went to submit it my post was gone.

The reasoning being they were blocking an entry and exit,I was reversing in that direction to avoid one trolley bay but there was another very close with all the trollies coming out.I was taking my time it was just an accident,I have been driving 16 years with never an incident.
There was also more room for me to reverse out the way i did than choose the opposite direction i felt confident enough i had the space and was ok until the trolley episode.
The first thing i thought was god its a buggy or someone in a wheelchair all those thoughts came into my mind and im still shaky now when i think,It was also the 1st thing i said to the manager was thank god it was not a person.Im not a lunatic(not meant sarcastic) that flies around i have 4 kids myself and am very careful when driving.

@monagt i had checked my mirrors and over my left and right shoulder and there was no people movement in the carpark.

My son is 10 now and doing well thanks for the thought.

Thank you all for the replies,Think it safe to say we have the answer.Ill look into those Woodie.

@monagt i had checked my mirrors and over my left and right shoulder and there was no people movement in the carpark.

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Glad all are OK.

You hit a stationary object (s) because you did not see them it while moving a vehicle in reverse.........in some ways you are lucky that someone is not sueing you.

The Garda would say that the "maneuvering vehicle" is usually in the wrong.