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How to claim for whiplash injury: real-life story of an honest individual who nearly made a whiplash claim - Part Two

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Published: 21 May 2013

How to claim for whiplash injury real life story of an honest individual who nearly made a whiplash claim


Many whiplash claimants are painted by insurance companies as being the ones behind the rise in car insurance premiums – costing drivers an additional £118 annually according to Aviva.

But now, as the Transport Select Committee investigates the crippling cost of car insurance premiums, one road accident ‘victim’ who was approached by a claims management firm reveals to MPs how he was encouraged to claim for ‘whiplash’ injuries – officially known as whiplash-associated disorder.

Stephen Klek, who was involved in a minor traffic accident in 2011, tells his whiplash story.

ANOTHER HONEST WHIPLASH CLAIMANT

“About two years ago I had a minor car accident, which was not my fault, resulting in an insurance claim for repairs to my car,” he said. “Following this I was shocked by the number of telephone calls from various agencies telling me money had been set aside for personal injures, £3,000 seemed to be a common amount quoted, and urging me to make a claim.

“These calls were a regular occurrence for a year after the accident and I still get the odd one even now. Without exaggerating the number of calls must be reaching fifty or more.

“I was tempted at first to go along with a claim with one of these companies and was offered an appointment for a medical assessment. Disturbingly, suggestions were made about what I should say about my injury, how long I had suffered, I was told it needs to be more than 4 weeks after the accident.

“Although I suffered some psychological anguish after the accident, I was not physically injured, and I decided not to go along with the claim. I''m sure others less financially well off than me would have continued. I know others who have had the same experience.

“I have read numerous articles about the hikes in insurance premiums, referrals by insurance companies, and the whiplash claims but I don''t think it is adequately understood how all this is obviously being driven by claims companies.

“I have tried to find out how these companies obtained my details and all the information about my accident, but to no avail. I think it my insurance company is to blame as they are the only ones possessing such information about me, but they deny it. Surely there''s also an issue with a contravention of the Data Protection Act if insurance companies are forwarding such personal details, isn''t this what the Act is meant to protect against.

“There is the suggestion that independent medical assessment would deter fabricated or exaggerated injury claims. The Association of Personal Injury Lawyers (APIL), have said this would put off people with a genuine claim.

“In view of my experience with the persistent personal injury claims companies and ease with which a whiplash injury can be faked, neither is likely to happen in practice. I would suggest preventing accident details being so readily available to agencies who encourage these false claims would be far more effective.”

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