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whiplash compensation claims

basically, i was in an accident on thursday evening whilst at work. i was catching a bus somewhere as a passenger when a car hit it. the bus was stationary and the driver of the vehicle was 100% at fault and to make matters worse for him, he was uninsured!!! the bus had cctv cameras on each side so there is proof he was 100% at fault too.

although i was fine after the accident, yesterday morning i woke up in agony. my boss sent me home early yesterday and asked me to visit my doctor. my doctor has confirmed i have whiplash and i have been put on light duties for two weeks. this means that i cannot do my job AT ALL. basically and i'm going to be stuck in the office doing admin shit which bores the hell out of me. my shifts have been changed to crappy ones (and because i'm doing shorter shifts, i'm actually losing some of my days off because i'm in more to make up the hours which is really fucking crap!) and well, its all a bit of a pain and i'm pissed off! i can't really drive and well, its just shit!

everyone keeps going on about the fact i should put a compensation claim in. its not something i thought about to be honest because i thought because the guy at fault was uninsured, i wouldn't be able to claim. however, my friend who works at a personal injury firm has stated that it would be claimed through the motor insurance bureau.

anyway, my question is...has anyone here ever made a whiplash claim? if so, how long does the whole process take and what is involved?

also, when do you make a claim? as soon as possible or when you have received all treatment/recovered? it only happened on thursday!

i'm not sure how long its going to be before i'm sorted. i'm in agony still, on these super strong pain killers and may have to see a physiotherapist depending on how things go over the next few weeks.

also, as i was a passenger on a bus, can i even claim???

cheers x
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Comments

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I certainly don't know for sure but i wouldn't be surprised if you can't claim. It was the other drivers fault, so you'd have to sue him. He has no insurance so you'd have to pursue a civil cas, at your own expense. That being said, i'm sure there's some kind of fund that makes payouts to people affected by an accident with an uninsured driver.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Get in touch with one of those Ambulance chasing scum companies, I'm sure they will happily help you out.

    You have good grounds but these things can take a while.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Generally when you're making a claim against someone in a driving case you're actually making a claim against their insurance company (hence why your policy will have a stupidly high damages portion). I don't see what you hope to gain monetary wise from someone who was too much of a dead beat to even insure the car.
    You may get a couple of hundred quid at £5 a month, nothing like the thousands you'd get if he were insured.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    i don't think it works like that whowhere.

    i have a friend who works for a personal injury firm and she has told me that if i was to make a claim, i would be making a claim against the motor insurance bureau.

    i think the best thing for me to do is to speak to someone about it to see if i have a case or not.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    You could just get on with life, and remember shit happens.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    thanks for that, very useful :yeees:

    like i said in my original post, i didn't even think about claiming until everyone told me i should.

    don't reckon i'll make a claim anyway. car insurance prices are high enough because of them :grump:
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru

    like i said in my original post, i didn't even think about claiming until everyone told me i should.

    Just because everyone tells you, doesn't mean you have to do it.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    well no, it doesn't but if i choose to claim, its because i have a reason to.

    anyway, i didn't ask for people to criticise me. i asked questions about possibly making a claim.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    oh, and just for your info...i'm actually going to be out of pocket because of this. i can't drive currently drive because of my injury so i'm going to have to spend a fortune on crappy train/taxi fares (i live 18 miles away from my place of work) for the next two weeks (or longer...depends how quickly i recover) plus add the costs of my prescription stuff.

    so yeah, if i DO decide to make a claim, its because i have a reason to. not because i'm trying to make a bit of cash out of it all.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    plus add the costs of my prescription stuff.

    It might be cheaper to buy stuff otc or buy a pre-payment certificate.

    5 years ago, I do believe my mum managed to claim against an uninsured driver. I think her insurance company paid for her to get the car replaced. (write-off)
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    you can't buy the stuff i've got over the counter unfortunately. its really strong stuff.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I would claim. I claimed for a whiplash injury that didn't affect me much. I don't see the problem with claiming for stuff, and if it gets you a few grand - why not? It will probably take a while though so don't go planing how you're going to spend the money.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    It is easy to take the line of least resistance, but you are clearly injured and out-of-pocket. I'm with Katralla. Why not claim? It will cost you nothing and may get you some compensation. Sounds like you even have a mate who can help.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    My friends were in a car accident a couple of years ago. one of them was driving on the motorway and the car ended up over the side of the carriageway on a field. They couldn't find a reason for the accident - possibly blow out on the tyres so when my friends claimed they didn't claim on the driver's insurance; they claimed against some motor thing (-don't know if it he government or what.)
    They have only just got the result of that now in the last couple of weeks so it's quite a lengthy procedure that they had to go through. They got good 4 or 5 grand for whiplash, "stress/nightmares" and one of them got bad scarring on their arm.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    i don't think it works like that whowhere.

    i have a friend who works for a personal injury firm and she has told me that if i was to make a claim, i would be making a claim against the motor insurance bureau.

    i think the best thing for me to do is to speak to someone about it to see if i have a case or not.



    Why would the MIB pay out for someone who wasn't insured......?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    well no, it doesn't but if i choose to claim, its because i have a reason to.

    anyway, i didn't ask for people to criticise me. i asked questions about possibly making a claim.

    I think it's worth looking into making a claim tbh.

    Everyone always says claiming compensation is shit, but to be quite fucking fair, because of someones actions you are in pain and out of work (or at least inconvenienced with the different hours!).

    Why people think it's noble to just go 'ok mate, lol I know you fucked me over for the next 2 weeks but hey, shit happens' rather than ask to be compensated for their cock up.

    I can only hope if I ever knock someone down and they have to go to hospital without insurance that they will also be kind enough to let it slide, even if I end up breaking their legs and they can't work to support their family for the next month. Hell, I wouldn't want to cut into my drinking money.

    Just to make the point clear, there should be no shame or guilt about applying for compensation. I think the proper way to do it is to get proper legal advice, because they are legally obliged to say whether a) you have a case and b) whether it's 'worth' pursuing. If it seems theres a wooly case or 'shit happens' as calvin puts it, fair enough. But why make that assessment yourself without legal advice? Where do you draw the line?

    All we can do is use common sense, you have been injured, you are suffering, your work is suffering. So ask a legal professional on their professional, informed opinion :).

    Good luck.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Whowhere wrote: »
    Why would the MIB pay out for someone who wasn't insured......?
    i've copied and pasted this for you off a personal injury website...
    Fortunately, there is an organisation called the Motor Insurers’ Bureau (MIB) which is funded by all of the motor insurance companies in the UK. Where a driver who has injured you is uninsured or untraceable, it is still likely that we can claim on your behalf from the MIB.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Where there's blame! Or so the telly tells me...
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    i've copied and pasted this for you off a personal injury website...
    Fortunately, there is an organisation called the Motor Insurers’ Bureau (MIB) which is funded by all of the motor insurance companies in the UK. Where a driver who has injured you is uninsured or untraceable, it is still likely that we can claim on your behalf from the MIB.

    Ah, fair enough, my bad.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I think when mum had her accident and the man wasn't insured, she sued him. She didn't get a huge amount from him - cost of replacing a car seat and a few nights' wages.
    Everyone always says claiming compensation is shit, but to be quite fucking fair, because of someones actions you are in pain and out of work (or at least inconvenienced with the different hours!).

    I disagree, tbh. Unless of course, she was in a situation like a friend of mine - who is never able to work again and will need surgery to repair the damage he has.
    i have been put on light duties for two weeks. this means that i cannot do my job AT ALL. basically and i'm going to be stuck in the office doing admin shit

    At least you are still able to do some form of work.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Melian wrote: »
    I think when mum had her accident and the man wasn't insured, she sued him. She didn't get a huge amount from him - cost of replacing a car seat and a few nights' wages.



    I disagree, tbh. Unless of course, she was in a situation like a friend of mine - who is never able to work again and will need surgery to repair the damage he has.



    At least you are still able to do some form of work.

    It's not a competition about who has it worse. Why should it be the case that you shouldn't feel bad about claiming compensation if and only if you are permanently unable to work for the rest of your life? I mean, it could be worse for your friend, he could be dead afterall. He should be grateful surely? That doesn't quite cut it does it?

    The basic principle of compensation is if you are suffering or out of pocket because of someone else's negligent or malicious actions (causing a traffic accident by not paying attention, for example) then that person should pay you back an amount in monetary terms that 'makes good' the injury. Courts are pretty strict about that, so in all likelihood the claimant gets less than they should. You have to /prove/ you have lost out and by how much. You can't just say 'ow, I'm in pain' and get massive handouts, because the courts don't want to start trying to quantify the financial cost of 'pain' (slippery slope).

    Of course there are silly cases in America, but most of them get thrown out by the judge but the media never reports that.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I got compensation for a whiplash injury. I had to sign to say I was fully recovered before the amount could be agreed.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    oh dear.

    i've opened up a right can of worms here!
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    littlemissylittlemissy Posts: 9,972 Supreme Poster
    I do feel that compensation is entitled when you have clear loss of earnings etc due to somebody else's stupidity. Now, don't get me wrong, if you slip on a floor that is obviously wet and try and claim then I'd tell you to sling your hook, but if you are hit by a car when you were at no fault and were injured enough that it stops your day to day life, including your work then I say you are entitled to a claim. Whiplash is a different ball game to a scraped knee.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    were you stood up or sat down when the accident happened? This (along with other factors) will be taken into consideration. (something about how standing up would contribute to your injuries)
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I put my back out while attempting to give myself a reacharound. Can I claim compo from Porn? I'm pretty sure Porn is to blame.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I put my back out while attempting to give myself a reacharound. Can I claim compo from Porn? I'm pretty sure Porn is to blame.

    How is that helpful to the OP?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I do feel that compensation is entitled when you have clear loss of earnings etc due to somebody else's stupidity. Now, don't get me wrong, if you slip on a floor that is obviously wet and try and claim then I'd tell you to sling your hook, but if you are hit by a car when you were at no fault and were injured enough that it stops your day to day life, including your work then I say you are entitled to a claim. Whiplash is a different ball game to a scraped knee.

    this.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    If it happened while you were at work it's also worth talking to someone about what insurance your employer has. I realise you work for the police but employment laws still apply to them.
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