UKC

Hi all,

A very good friend of mine got hit from behind while sitting at lights. Being the incredibly kind person she is she consoled the other driver and was reluctant to go through insurance. Though in the end given the bill for the damage she did make a claim on the other drivers policy. The accident was on Friday the 7th of September and I believe the claim was settled within a few weeks.

Here's the problem. She has suffered with back pain since the accident. Being a keen surfer and climber she's not unused to aches and pains and hoped and it would pass. Sadly it hasn't. She's been to the doctor and is shelling out £50 here and £50 there for the chiropractor. It's starting to get pricey.

We were discussing it in the car yesterday when she mentioned she would like to speak to the insurance about helping her out. However, another friend also in the car was very clear in his thoughts that she's not got a snowballs chance in hell given the case is settled.

I don't have sufficient legal expertise to comment and wondered whether the hivemind of UKC may be able to confirm this viewpoint, or offer any words of wisdom! 

Thanks in advance!

Disclaimer - this is purely anecdotal! I met up with a friend today who had an accident in her car last week. She's in discussion with her insurance who are attempting to follow up with the other driver (who drove away afterwards). Anyway, she was told that she can make a personal injury claim up to three years after the accident. This solicitor's website seems to back this up https://www.bottonline.co.uk/personal-injury-claims/guides/how-long-after-a...

No comment on the legal side, but if she hasn’t been to a decent and medically qualified physiotherapist to have things looked at, that should take priority over giving money to a chiro when things flare up.  

There is a 7 year limit on claims, so if it was caused by the accident then she can claim - even if the claim has been already been settled.

I agree.  Maybe the GP too so it's on record.

As a general point always, always go through the insurance however minor.  If you don't, it removes your opportunity to pursue additional claims that come to light such as this.

As she did go through the insurance this is still an option (though as views vary on whether chiropractic is actually quackery she may find it difficult to claim that specifically).

The fact the case is settled has no bearing. Claims for personal injury in a motor accident can be brought anytime up to 3 years after the date of the incident (or after the age of maturity in the case or a minor which ever is later) Tell her to speak to her insurance company they will reopen the claim. Alternatively speak to a decent law firm for representation.

The fact that she has independently sought treatment will act in her favour, and the insurance company will likely arrange further treatment as she needs it as part of indemnification.

(I work in insurance)

Hi all, many thanks as always for your comments. Have noted each and every one. I did have a feeling that the other friend may not know what he was talking about.

Will pass on this thread.