is there any loopholes with getting out of a personal injury claim from a car accident?

First,if you ran into the rear of her vehicle you are legless.If she was jumping about and shouting at you at the accident it would be evidence against her whiplash damages claim,this is an overused scam and another reason why insurance is so costly.You must admit liability as it was your fault,you did not stop in time,it does not matter what she was doing,you hit her vehicle.Leave the insurance to fight it out,these scam injury claims can take years to settle,unless she accepts a once only final payment.

No loop holes.

She may have been ok at the scene but may have decided later that she was not feeling so well.

Think of it this way - you go to the gym...have a great work out and leave feeling good. The next morning you wake up very sore. An accident can be the same way. She may have been ok at the scene but had to get checked later.

It could also be she's full of cr@p. You see people posting on YA all the time asking about how to "maximize and injury claim"....i.e. milk it for all it's worth.

Notify your insurance company and let them handle the claim. If you have already reported the claim, call the adjuster for your company that is handling the claim. Tell them about the attny letter.

The adjuster will handle it.

There is a high probability that she has been influenced by the plethora of 'No win, no Fee' adverts and thought why not?

You have told your insurers that you don't accept liability yet say you don't mind paying for the damage to her car! If you do that, you ARE accepting liability! And leaving yourself wide open for the personal injury claim.

As the other guys have correctly told you, YOU should not be getting involved with anyone other than your insurers otherwise you could jeopardise any chance of them trying to apportion blame. Your insurers would also be within their rights to say as you have been involved with the other party and or her solicitor you are on your own.

All insurance companies specifically tell you NOT to admit blame.

Hi,

First of all you should look in the yellow pages for your area, and see if you can find claim solicitors who well experienced in personal injury claim cases. This will give you the specialization from the solicitor who knows all the laws specifically for personal injury. Your personal injury attorney will have already ideas to use certain loop holes to get out of paying you money.

This is NOT the place to seek legal advice, and this is NOT legal advice, as I am NOT an attorney nor do I play one on TV.

With that said, forward any correspondence from the other party to your insurance company. You should have your adjuster's number, and call him for his fax or whatever.

Do NOT accept any phone calls from the other party's attorney. If you get one, just say "I can't talk to you on the advice of my insurance adjuster. Please contact him at ___________. Thank you." and hang up. You may say something that inadvertently to damage to your own case.

Don't worry about the name and postcode. Those are MINOR details. You can't get a lawsuit tossed for minor details like that. Just let your insurance handle it.

Now that you have denied responsibility, your insurance will fight the best it can for you. It will probably go to arbitration first.

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Kasey C, PC guru since Apple II days

Make it idiot proof and someone will make a better idiot.

I got hit head on by a tractor while while stopped got knocked out came around did'nt seem to bad knocked about a bit did'nt feel much till the next day could'nt hold my head up still having phyiso 11 months later not every one is pulling a scam. You hit the car from behind thats fault on it's own accept what you have done. I have since had my car & hgv licence revoked due to this.

My advice would be to do one of two things. Either contact your insurance, and tell them you do accept liability so they can investigate and pay any claims on your behalf, or open your wallet very wide and pay out of pocket.

If you ran into the rear of her car, you are definitely at fault. And it's very common to not realize the extent of injuries at the scene of the accident, the state of excitement can mask symptoms that you don't notice until the next day.

But by you refusing to accept liability, your insurance company is now out of the loop.

I was involved in a minor accident just the other week, and was hit from behind, and have been suffering ever since and it really was only a small collision, so don't assume that because someone is putting in a personal injury claim that its' a scam.

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Just one thing, if she had hit you, would you not be claiming for these things, she may well have had loss of earnings and had to have time off from work, whiplash although considered minor does blummin hurt and can cause restricted movment.... you're lucky she's not claiming for more, I have been advised I can claim the cost of a cleaner, someone to do my shopping, laundry... believe me there's a whole list more, and most importatnly YOU drove into her, you are the one at fault, a lesson learned do you think?

If she is claiming against your insurance then you shouldn't be dealing with the matter anyway - you are required under the terms and conditions of your insurance policy to hand the letter over to your Insurers and they will deal direct with the 3rd party solicitors.

Don't look for legal advice from a place like this, go to your Citizen's Advice Bureau who will give you advice from qualified people. Not many of us in here are legal experts, even though there are many who pretend to be :-)