Haven't reported DC's car accident - what happens if passengers claim whiplash?

[amumthatcares]

Firstly I would like to stress that I am not posting this because we want to avoid any liability etc.

DH & I attended a wedding about 15 miles from our home town. When DC (18) had finished work, they came to the evening reception and agreed to bring 4 of the DC who's parents were also at the wedding. The parents were all staying over and DC left with the passengers at about 11.30pm. The temperature was -6 (unbeknown to us at the time) and about 5 miles down the road the car skidded on black ice and ended up in a ditch. Thankfully they all got out unhurt. Immediately one of the passengers stated that they could make a whiplash claim and make thousands . DC has not reported the accident to the insurance company because of the renewal premium going through the roof (they are 18, been driving for 13 months and has one years no claims) and so is paying the repairs themself. DH and I have spoken to the parents of 2 of the passengers and they are fine. The passenger who made the whiplash remark has been clubbing 2 consecutive nights after the accident and has tweeted everyday stating that they have been doing various activities that would not be consistent with whiplash injury, so we suspect that if they did claim it would be false. DC even had texts from other friends asking them to state they were in the car so they could make a claim and split the payout who the hell teaches these kids to be so ruthless for gods sake? What I really want to know is, if a claim was made, where would DC stand for not reporting the accident and also, paying for the repairs themself would all have been in vain! Any advice please

[Collaborate]

Firstly the driver has to be negligent. Are they if driving carefully on black ice? I don't know the answer to that.

Secondly get them to copy the tweets which will be proof they had no whiplash.

[amumthatcares]

Really Collaborate? I never knew about the negligent fact and no, they probably were not. They were driving at well below the speed limit (if they had been doing the speed limit there's no question it would have been a whole different outcome )

Yes, I've told them to snapshot the tweets and also the text they got from him last night asking them to go clubbing with them. Thank you for your comments

[RedHelenB]

As far as I'm aware you do need to let the insurance company about any road accident but given the facts & the passenger presumably not seeking medical assistance i doubt that they'd get very far with any claim.

[dippymother]

My son had a similar accident when he was 18 (four + years ago). We did report the accident to his insurance company (and it was his second claim in a year), because one of the passengers went to the hospital the following day complaining of whiplash. I believe (though I could be wrong) any person in such an accident does need to be checked out by a hospital and have proof of their visit as evidence. The case has been handled by the insurance company and I don't know what the outcome eventually was as my son no longer works with his former colleague and they have lost touch. Needless to say, the insurance company would not insure my son again but we shopped around and found alternative insurance, expensive but is now back to a more reasonable level.

Judging by the thousands of pounds that can be claimed and the length of time it takes for settlement as well as people suffering neck and other injuries months afterwards, I would not want to be worrying that a claim "could" be made months or even years later.

[prh47bridge]

Check what your DC's policy says about reporting accidents. As RedHelenB says he is almost certainly required to report any accidents to regardless of whether or not you make a claim. Failure to do so would mean he is in breach of the terms of the policy which could result in the insurers refusing to pay out if he has another accident.

[Hulababy]

A year or so ago I did receive a whiplash injury and claimed, mainly as it was to cover physio costs which I ended up having for a few months afterwards.

However, the passenger needs to be aware that it is not as simple as just claiming and getting some cash, nor will it be thousands either!

I had to fill in some detailed medical forms. I also had to be seen by a medical examiner to discuss the incident and the injury received and how it affected me. My doctors and hospital noted were requested and checks were made as to who I had contacted and seen about the inuries and for their reports - I had contacted the GP by telephone and had seen rheumatology the next day (as already had an appointment in place for a different matter) and started physio within a week.

[Hulababy]

Even if your son has not reported the accident he will will be expected to declare it on future insurance requests.

[Newyearoldmum]

You dc is obliged to report any incident they're involved in - even if just for notification purposes. You'll probably notice most insurers ask if you've had any claims OR accidents in last x years when giving quotes? so even if no claim it still needs to be declared or you risk invalidating your insurance. They should make their insurance co aware of the comment made by this other passenger and their subsequent behaviour ie clubbing etc. this gives the insurance co somewhere to start should a injury claim come in. And if the person reviewing the injury claim (should one arise) is aware of this then they are likely to be more skeptical of the claim than without the info ifyswim. HTH.

[ivykaty44]

What I really want to know is, if a claim was made, where would DC stand for not reporting the accident

you will most likely find the insurance is null and void and they will refuse to look at any whiplash claim due to the accident not being reported. You could also find that any future claims are also null and void.

why not just report the accident to the insurance company and then you will be driving with valid insurance etc

whiplash claims are pretty standard amount and you could be looking at £100 for an adult and £250 for a minor. The insureance companies have a graph to show them a standard payment