NEED SOME ADVICE - Potential fraudulent claim

[Dyl1cious]

Need some help on an insurance claim against me.

The situation:
A car (Toyota Prius) has pulled out on me (driving a Yamaha r125) at a 40mph road from a junction. With solid white lines and busy traffic in the oncoming lane I simply pulled my brakes and dropped back. The car proceeded to travel at 20mph until I flashed her to speed up. Now going downhill and at the appropriate speed I could not see in front of her and thus I dropped back.
In front of her was a stationary car turning right into a junction waiting for traffic to pass. With her eldest son (10 years old) in the front passenger seat she was not paying attention and slammed on her brakes last second to avoid collision with the other car. Due to the ground surface being wet I began skidding and aqua planing into her rear.
I managed to skid into the oncoming lane but ended up tapping her right tailight. As the distance was so great between me and the 3rd party involved i was able to slow enough for me to stay on the bike even after the accident and the only damage occured was my mirror and indicator braking off in the incident.
The end damage was her taillight being damaged and her rear bumper having a crack. I found out later on that the bumper damage only happened due to a botch job repair done less than a month before and the subtle impact caused a crack.
She proceeded to get out of the car, begin shouting at me saying it was my fault etc etc the standard. We exchanged insurance details and she assured me she was not going to claim any injury and after she had calmed down said she was sorry and we left in a positive manner.
After explaining the incident to my insurers I was given the advice to simply accept fault as there is no way that we would win if I were not to admit as i "hit her from behind" even though they agreed it was a bum ride.

1 year and 7 months later I had never received a call or update even after calling up multiple times after the incident and I sold my bike shortly. I have called up today to find that she had claimed £5000 in whiplash (which apparently lasted 9 months) after incident minus the £800 car repair.

I am simply asking my fellow bikers for advice on this incident. I do not believe I was travelling any faster than 10mph at the time of the collision which should be proved by the little damage along with the fact I remained on my bike the entire time. Can whiplash even occur to a car driver on a bike weighing only 140kg compared to a car weighing in over 1400kg at 10mph? And if not how can I pursuit justice?

This happened just outside a military base lined to the absolute brim with CCTV cameras. My insurers told me they felt no need to dispute this further as she had all the relevant medical documents and garage quotes hence why they did not call me.

Although it does not affect me greatly I can't let something like this go and have this on my track record. It is completely unjust if she has put forward a fraudulent claim. What can I do about this incident?

[ADSrox0r]

Shit happens.
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Current bikes: '08 VFR 800 VTEC(yo) , '07 ZZR1400 Winter hack: '95 Aprilia 650 Pegaso Currently lusting after: RC30

[Dyl1cious]

[quote="ADSrox0r"]Shit happens.[/quote]

Thanks for the advice

[Suntan Sid]

Find her on facebook and see what she's been up to, whilst she's been laid low with her, crippling, injuries!
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"Everybody needs money, that's why they call it money!"

[Tracer1234]

[TbirdX]

Something similar happened to my sister.

The short of it is, it would cost your insurance company more money to get them to court and prove the fraud (and they probably couldn't be sure of the win) than it would to just pay out the claim.
Hence they just roll over and pay.

And the dodgy claims continue and the rest of us pay.

Welcome to the world I'm afraid.
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VFR800X - TTR250

[Rogerborg]

An at-fault claim is an at-fault claim. The number isn't going to matter that much. She's picked - or rather, been told to pick - the magic number which costs them as much to investigate as to pay.

What you could do is to instruct them clearly to not indemnify you, and that you'll cheerfully see her in court at your risk.

Whether they'd follow that instruction would be interesting to find out, but since I doubt you'll gamble £5K of your own money on it, we're not going to know.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[M.C]

[P.]

Only a cunt hits the car in front.

[TbirdX]

[-]

I've got some twat trying to claim whiplash from me by claiming I nudged his car during parallel parking, creeping in on parking sensors. No damage to either car and my parking sensors never got to a solid beep, so close but no contact. Not only that but it was a hot day and no sign of any windows down. You wouldn't leave a dog in there, but you would two grown adults apparently. Only saw the passengers a few minutes later, after scam man came to take me back to the scene.

Trying it on seems to be standard practice for immigrant drivers.
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TZR250 2MA road, TZR250 1KT road, TZR250 2MA race, TDR250, YZF-750R Boost colours.
Jaguar S Type 3.0 V6 Sport R, VW Transporter T5 GP LWB Shuttle 140ps DSG.

[stinkwheel]

I'd sugest at most you tell your insurance company you believe it to be a fradulent whiplash claim and leave it at that. If they chose to pay out on it, it's their lookout.
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[Dyl1cious]

[quote="M.C"][quote="TbirdX"]Something similar happened to my sister.

The short of it is, it would cost your insurance company more money to get them to court and prove the fraud (and they probably couldn't be sure of the win) than it would to just pay out the claim.
Hence they just roll over and pay.

And the dodgy claims continue and the rest of us pay.

Welcome to the world I'm afraid.[/quote]
I'd settle for some common sense; motorcycle clipping a car isn't going to leave you with whiplash...[/quote]

You know what I thought the exact same. At no point did anyone filing the claim think "wow someone getting whiplash from a motorbike, sounds plausible especially in a slow collision accident"

[Dyl1cious]

[quote="TbirdX"][quote="Rogerborg"]An at-fault claim is an at-fault claim. The number isn't going to matter that much. She's picked - or rather, been told to pick - the magic number which costs them as much to investigate as to pay.

What you could do is to instruct them clearly to not indemnify you, and that you'll cheerfully see her in court at your risk.

Whether they'd follow that instruction would be interesting to find out, but since I doubt you'll gamble £5K of your own money on it, we're not going to know.[/quote]

In my sisters case, she absolutely refuted any claim or that the impact was enough to cause whiplash. In fact, the other woman had hit my sister, and despite everyone being very amicable at the time and no one else involved, some time after the fact, two witnesses suddenly appeared to corroborate the other ladies version of events.

Despite my sisters insistence that she wanted to go to court and have them all perjure themselves the insurance company wouldn't have it and just paid the claim.[/quote]

I'm sorry to hear, that woman sounds horrendous. Anyone clearly in for an easy way to make money. I was horrified to find out that no serious checks have been done, anyone with a doctor friend can write up a fairly convincing certificate to "prove" whiplash.

[Dyl1cious]

[quote="stinkwheel"]I'd sugest at most you tell your insurance company you believe it to be a fradulent whiplash claim and leave it at that. If they chose to pay out on it, it's their lookout.[/quote]

Sounds like the best bet. Turns out the person dealing with my case decided to leave the company as the claim was being filed and another person then picked it up after. I wonder if this had anything to do with it.
Regardless I will speak to the insurance company tomorrow and see if we can come to some kind of solution.
Thank you for the advice though.

[Rogerborg]

Just for a laugh, see if you can cajole a recording of an insurance monkey acknowleding that of course it's a fraudulent claim but it's easier for them to just pay it.

Then after they do what they're going to do, complaint to them and followup to ombudsman to have the claim removed from your record.
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[MarJay]

Next time leave a bigger gap.
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British beauty: Triumph Street Triple R; Loony stroker: KR1S; Track fun: GSXR750 L1; Commuter Missile: GSX-S1000F
Remember kids, bikes aren't like lego. You can't easily take a part from one bike and then fit it to another.

[AshWebster]

i had a similar thing in my car about 5 years ago - slip road onto a 60 road, woman in front decided to slam on instead of merging (no traffic whatso ever)

minor scratch on her bumper. asked if she was ok - yes im fine absolutely.

i offered to pay there and then to paint her bumper - no thanks ill get my husband to do it .

two weeks later insurance claim for whiplash and £1000 damages.

word of wisdom : take pictures and take statements with signatures...

edit: come to think of it i have 4 pot disc brakes on the front and two pots on the rear she must have had to fucking anchor on in her ford galaxy
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Honda cg125 J reg peice of shit ---> CB650F ---> 2016 CBR600RR
Ford KA ---> 93' MR2 ---> 94'MR2 ---> 98' Subaru WRX STI Ver 3 (track car)

[natefz6]

I had a twat in a Merc try to do that to me on the A4 this morning. Middle lane nothing in front of him slammed on his breaks hard enough to activate his ABS. I managed to get round him without hitting him but I am 90% sure he was only doing it to try to get rear ended for a claim.
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"no I didn't steal it that's just the way I ride"

[grr666]

^^^ Get a look at the driver?
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Currently enjoying products from Ford, Mazda and Yamaha
Ste wrote: Avatars are fine, it's signatures that need turning off.

[Rogerborg]

[andyscooter]

BMW driver that hit me was trying to sue for whiplash

Until my insurance claim solicitor told he he had cocked up as damage was on front of car and he was claiming he was thrown sideways with a seatbelt on
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gilera runner vxr200 (chavped)
if its spelt wrong its my fat fingers and daft auto correct on my tablet

[Freddyfruitba...]

I was listening to a piece on the Jeremy Vine show (yeah, I know) just now about a cyclist who got knocked off his bike by a very apologetic cager, but as he seemed OK at the time they never bothered to exchange details. A couple of weeks later he's at death's door with brain injury and looks like he's been left with life-changing injuries, and obviously no insurance payout.

Reason I'm mentioning this is to highlight how vital it is to collect all evidence possible at the scene of any accident, no matter how trivial it may appear at the time
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KC100->CB100N->CB250RS--------->DL650AL2->R1200RS->R1250RS

[Ste]

[Rogerborg]