What could be better than an entire bus load of mates out for a night on the tiles? A group of revellers in Crewe found it to be a potential windfall of thousands of pounds when a Ford Fiesta clipped their bus whilst on a roundabout, at a speed of less than 10 mph. The accident occurred back in September 2012 but the insurer has been unable to publicise the case before now as they needed to ensure the limitation period had expired for all 46 claimants.
Despite many on the bus being unaware of the collision at the time of the accident, the very small cost for repairing the vehicles (a £70 bill for the bus and the cost of a small tear in the Fiesta’s bumper evidencing the minor nature of the collision) and no-one requiring any medical treatment that evening, every single one of the 46 passengers on the bus claimed that they had sustained a whiplash injury.
As a result, the Fiesta’s insurer, Aviva, faced a £250,000 claim for compensation. Given the very minimal nature of the collision, Aviva denied liability; claiming the bus passengers’ injuries were inconsistent with the damage to the vehicles. Initially the party bus occupants were undeterred in their quest for compensation and 23 of them hired lawyers to pursue their claims. However, Aviva stood firm and eventually every claim was discontinued.
If you’re involved in a collision, you can help insurers defend your position by presenting information relating to:
- The respective weight of both vehicles involved – If a heavier vehicle collides with a lighter vehicle, a larger impact occurs than if both vehicles are of a similar weight
- Age and design of the vehicle – Some vehicles have better shock absorbing features, such as large bumpers
- Location of impact – A direct impact squarely behind the first vehicle will transmit more energy than if the vehicles collide at an angle
- Presence of a tow bar – A tow bar will transfer energy from the impact through the car and increase the risk of injury
- Hand brake applied -If a hand brake is applied, it will reduce the risk of injury
- Claimant’s age and sex – Females are at greater risk of whiplash injury and the older the claimant is, the greater the risk
- A pre-existing medical condition -Increases vulnerability to whiplash injury
- Whether claimant anticipated the impact and braced themselves – Bracing reduces the risk of injury to the neck.
- Whether the claimant was looking straight ahead at the time of impact – There is a greater risk of injury if the claimant was not looking straight ahead
- Headrests – If positioned correctly in the car, will reduce the risk of injury.
Here at ProAktive we have an in-house Claims Team who are on hand to help should there ever be a time that you need them.