In reply to Co1in H:
For information I work at a senior technical level in the Claims department of a large motor insurer I obviously am limited in what I can say.
What these companies are proposing is clearly fraud in your case and you could get jail time for it if prosecuted and found guilty. However the likelihood of this happening varies greatly depending on the insurance company involved as well as who you chose to represent you should you claim. If you do claim, most insurers have pretty robust fraud detection systems that may well be triggered due to lack of previous hospital visits, time elapsed since incident, where you live, age profile, whether the people in the car behind you have been injured (and whether or not they have claimed and if so through which legal rep, police/ambulance attendance etc. If you do chose to speak more to these companies and are honest with them, they SHOULD not not pursue this any further and will agree the most you could get it some small payout for inconvenience if you did not already receive it as part of your original settlement. If they do then you would do better to phone the action fraud line (without letting the company know) who may want you to pursue the claim in order to gather evidence to take action.
Unfortunately over the years there have been some very questionable court judgements made with regards to whiplash cases in particular in some cases disregarding physics. (Very slow impacts with no damage to vehicles, Bus passengers after a small car (~2ton) ran into a London bus(~12ton) @ 10mph etc). Whiplash as a condition clearly exists and some people suffer awfully from it sometimes for a day or 2, sometimes for 2-3 months, and some people longer still & get twinges etc years later that could be attributable to the original injury. It is also an injury that doesn't seem to have any definitive medical diagnosis that can be evidenced with scans like for instance a break and here lies the problem it cannot be proven either way so our courts often favour the complainant. As a result some insurers chose to settle low and early with every claimant, others investigate fully and reject weak claims and are prepared to defend them at the cost of paying out more, but less often.
The first approach has given rise to claim farming companies sending out proforma text messages to anyone involved in a crash they have info on, and many that have never even seen a crash, and not asking the questions they really should and coaching of statements, suggestion of symptoms etc
My company has fairly recently taken the second approach, and we are seeing the number of claims coming in from certain legal representatives falling off a cliff as they realise they can no longer farm our claims.
It really is noticeable how many more people claim for whiplash injuries in the UK compared to any other country in Europe. There are also clear hotspots in certain areas of the country, as well as a clear urban/rural split. Interestingly the least likely groups to claim for whiplash in the UK are more well off, the older you are and geographically Scottish
But whiplash is not the only problem. There is also an astonishing percentage of people in very minor car crashes claiming to be unable to sleep due to pts for months after the incident etc.
And it looks like noise induced hearing loss is the next big meal ticket
Then there is the aspect of your premium. by making this claim even though it is not your fault you would have to declare it and it will increase your premium by a small amount for the next 5 years if only slightly due to an increased propensity to claim score. Failing to declare it to your insurer isn't sensible... insurance co's are all linked up now and whilst they may not check now, the will if you make a claim and will at least seek to collect the missing premium.
It will also contribute to the premium increase of everyone else.
Post edited at 00:34