Making an injury claim when you have minimal damage – Low Speed Impacts

Being injured in an accident doesn’t only happen when the impact is severe enough to scrape your vehicle or cause serious dents. For example, when you’ve been in a collision with a much smaller vehicle, you may only have some scratches to your own vehicle, even if you were jolted quite significantly in your vehicle. Cars today are built to withstand damage even when hit with significant force.

In such a scenario, you may be concerned that it will be difficult to make a personal injury claim as the damage on your vehicle may not support the extent of your injuries. This has now become a frequently contested point and Third Party Insurers will often argue that the collision was a low velocity impact (LVI), and could not have caused sufficient occupancy movement (caused you to jolt in your vehicle) to cause your injuries.

However, at Nayyars we can still pursue claims for injury where the damage to the car has been minimal as long as you can prove that you were injured.

Make sure you send photographs of your damage to your solicitors at the inception of your claim so they are aware of the damage to your vehicle. If you have got your vehicle repaired yourself, make sure you retain your repairs receipt for the purposes of your claim.

The most important factor in such cases is your medical evidence. It is important that you go to the doctor immediately if you have been in an accident. It is best to get your injury checked out. Even if you know they will only recommend you take over the counter painkillers, it is important you attend and that your GP has a record that you have reported the injury. Third Party Insurers will almost always request sight of your full medical records in LVI claims. If you have attended your GP, it will support your claim.  If your injuries persist, make sure you go to the GP again rather than continuing to suffer and self-medicating.

It is also important that your medical evidence is consistent. When you first report your claim to your solicitors, it is very important you tell them if you have attended your GP or hospital following the accident and on which date. You should also make sure that when you attend your medical examination that you inform them of this attendance as well, with the correct date you attended.

Taking time off work can also support the extent of your injuries if they were reasonably severe on the day. This is also important to report at the beginning of your claim and to your medical expert for the purposes of your medical report. We can get a record of this from your employer.

You must not exaggerate the extent or length of your injuries when you attend your medical examination, or the level of impact. If the impact was light, inform the expert of this. Also inform the expert of any previous accidents you have been involved in and if there is any overlap in your injuries from your previous accidents. If you do not recall the exact dates of your previous accidents, request this information from your solicitors.

We have often won cases for our client’s where LVI has been raised by the Third Party Insurers but the cases often hang in the balance of the consistency of their damage and their injuries being reported. Make sure you follow the above advice and steps to increase the likelihood of your claim being successful.

If you have been involved in a car accident, then call the Nayyars Team on 0161 491 8520.

Amna Iqbal

Paralegal

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