Some advice about motor insurance (need help on the legal stuff!)

Found 24th Dec 2009

Hope someone can help.

Last week I was involved in a minor car accident. Someone crashed into the back of me at a junction. No car damage so didn't think anything of it.

A few days later, my back started hurting. A week on and i'm in ALOT of pain, so have contacted my insurance company who have refered me to a "no win no fee" soliciters.

Now, my back is pretty damn painful. I don't have motor "legal protection", however they refered me to a "no win no fee" so I don't have to fork out any fees (they claim back from the 3rd party).

Now to my question. I however I have a concience. What happens if the other person DOESN'T have motor legal protection? And then what if I make a claim? As he drove into me, i'm likely to win quite a bit of money as compensation (maybe a grand or two?). Will HE have to pay this to me, along with the legal fees? Or do his insurance company do it (even if he doesn't have legal protection?). Or does he loose no claims bonus and that's it?

I really don't want to persue this if it's going to put someone £2000 out of pocket... I'd just feel rotten.

Your advice, please!

Community Updates
Stop crying and get over it.

Its not the end of the world.
You mean 'a few days later' as in 'after all my friends and family have said 'you're stupid if you don't get a claim in, everyone else does''?
have you been to the doctors? i mean if its just gonna be sore for a few weeks then take some painkillers and forget about it, however if your gonna be needing someone to push your around in a wheelchair then maybe you should claim.
It's bloody painful and spoiling my christmas. I cannot drive, or easily get up the stairs.

I've been to the doctor and he's confirmed it's the back muscles, or course the soliciters will be refering me to a impartial GP for clarification.

I've just been told by a friend that the 3rd party won't be liable for the costs, even without legal protection. Apparently personal injury to the other party is standard on all motor insurance policys? Anyone with the know care to confirm?
If you're in that much pain, it won't matter where the money you win comes from.

I had an accident recently and I'm in the process of claiming. The person who hit me had 400 yards to brake before they plowed into the back of my car with such force they wrote my car off. I had to get some time off work and Uni as well as medical attention for my injuries. I don't know where any money I win will come from, and frankly I don't care.
Maybe I have a bigger concenience than you then. The guy didn't look like he had alot of money, and that makes me feel sad at christmas, that is all!
Never mind, just read that it's one of the main elements of car insurance... and even without legal cover the insurance company would still pay out on his behalf.

Cheers for the (mainly) helpful comments. Have a nice Christmas.

Maybe I have a bigger concenience than you then. The guy didn't look … Maybe I have a bigger concenience than you then. The guy didn't look like he had alot of money, and that makes me feel sad at christmas, that is all!

I don't think it's down to conscience; the inconvenience caused by the crash I was involved in:

- I had to miss work and Uni due to whiplash
- After I was prescribed pain killers etc, I had to deal with sorting out a courtesy car, during which time I had to miss work and Uni as I couldn't get there
- 7 days after the accident I learnt my car was written off
- It took me a week and hundreds of miles traveling to find a suitable replacement
- It's taken me over 3 months to claim back my excess of £400
- The third party didn't even report the accident for 10 days after it happened

All of this and more could have been avoided if she had simply braked. I wouldn't mind if I had stopped dead in the middle of the road, but I was sat at a T junction waiting to turn, she had a clear road ahead of her and she still managed to hit me. If she hadn't ploughed into my car she would have gone straight over a T junction with oncoming traffic in both directions.

Whilst I understand the circumstances of your accident are probably very different, I think it's important to distinguish between a genuine need for compensation, as opposed to greed. If you are in severe pain then you do deserve compensation, be it from an insurance company or the third party themselves.
Well I am in pain, so maybe I should get over it lol. Funnily, exact situation here too. I break at t junc and the guy goes straight into me!

Good luck with your case!

Cheers for the ([COLOR="Red"]mainly[/COLOR]) helpful comments. Have a … Cheers for the ([COLOR="Red"]mainly[/COLOR]) helpful comments. Have a nice Christmas.

That'll be me then.
I'll still accept you best wishes and return them.:-D
Hi RR,

Your personal injury claim will automatically be covered by the third party insurers,obviously subject to liability, however you may encounter some difficulties if as you say there was no damage to your vehicle. Was there damage to the third party vehicle? What speed was the collision at? Have you been doing anything else that could have led to your back being injured?

In any event, I hope your back gets better soon

I have worked in motor claims for the past 8 years, so here's what will happen.

The solicitors appointed under your legal cover will put in a claim for your injury against the at-fault third party's insurance company. If the claim is successful (no reason it shouldn't be as it's a simple hit in the rear accident) then the insurers will pay out the value of your claim plus the solicitors full costs.

You get the full value of the claim (to be decided between your solicitors and the third party insurers) and they get their costs paid separately so it's not deducted from your settlement.

It does not matter if he has legal cover or not as you are making a claim against his insurance company. He won't have to pay out a penny. He's paid for insurance and that's what it's there for.

Don't feel bad about it, I see people every day who have had relatively minor accidents but suffer months of pain because of soft-tissue injuries. A girl I work with was in a very small accident and felt so guilty about having time off because of terrible shoulder pain, it completely opened her eyes to how easily you can be injured it what seems like such a small bump.

EDIT: As the person above me says, they may dispute how bad your injuries are if there was no damage to your car but the solicitors will pay for you to see an independent doctor who will compile a full medical report
Nice one, thanks for the info! Have rep'd everyone that was sensible (all bar the first reply imo :))
So you have severe back pain but the car is not damaged?

What are you driving I want to buy one.
If you miss work, claim, if you don't then don't.

If you miss work, claim, if you don't then don't.

What would you claim for otherwise? You have to claim for a loss do you not?
You say " I really don't want to persue this if it's going to put someone £2000 out of pocket... I'd just feel rotten." it will not be as much as that but it will affect his no claims discount next year and it will even push your cost's up next year, when they ask have you been involved in an accident in the last 5 years, regardless of blame, what are you going to say? you will have to say yes, this will put your premium up even if you have retained your no claims bonus.
I think you will find you have 3 years to claim personal injury from an accident so you could wait and see how long you have the pain for, if it's only for a couple of days then don't bother but any longer then you must claim, if it was a very slow bump (ie no damage to cars) then you are unlikely to have recurring problems from this incident.
Well it was a big enough bump, and I assume I am in this horrid pain due to the fact my body was turned at the time looking for oncoming traffic! I don't know why there are so many of you doubting my pain- if I was planning on frauding insurance companies then I doubt I'd care enough to ask here anyway, prescription pain killers = win

What would you claim for otherwise? You have to claim for a loss do you … What would you claim for otherwise? You have to claim for a loss do you not?

A claim for personal injury takes into account the costs of physio therapy and/or other treatment as well as a generalised payout for the injury caused.

It all other aspects of an insurance claim you do have to provide proof of a specific loss but injury claims are handled somewhat differently.

And as someone has pointed out, the statute of limitations on an injury claim is 3 years however insurers like to settle the claims before them to mitigate their losses. If someone approaches them with two years + of medical bills, physio bills etc that can be a lot more expensive than settling the claim within the first three months.
wonders of the human body, can be badly injured by smallest of things...

still amazed ya got bad back pain but no damage to your car...

either way good luck
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