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09/02/2010 14:49:56 Sam Posts: 9	My wife was driving the car to the shops the a few months ago, with our two children. She lost concentration, and drove into the back of a van in front. The other driver has made a claim against her, and our insurance company is dealing with the claim. However, our kids were off school with neck ache and headaches for a week or so, and I was wondering if anything can be done for them in terms of compensation? The nurse at the A and E used the term “whiplash”. What does this mean? Who would they claim compensation from? Can they claim?
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09/02/2010 15:05:34 www.clickaccidents.co.uk Moderator Posts: 3	Yes, a claim can be made on their behalf against your wife. They have until they are 21 to issue a claim – although the idea of waiting this long without any reason seems odd. The idea of “suing” a family member for negligence may seem unpalatable with some people, but the reality of the situation is that whilst a claim would be brought against her, it is the insurers who would be footing the bill. Of course, you will indirectly pay in terms of increased premiums and the loss of the no claims discount – but it would seem to be the case that this may well have happened anyway. You must also remember that the very purpose of having insurance is to cover third party risks and injury to passengers – otherwise why bother? Your wife could not act on their behalf and be a potential Defendant at the same time, and so a “Litigation Friend” would need to act on their behalf. This is because a person under 18 years cannot bring a claim in the Courts in their own name, and need someone to act on their behalf to do this. You could do this, or for example, a grandparent/relative. The Litigation Friend would be responsible for making decisions about the case, i.e. whether to settle, whether to carry on and pursue the case to a hearing and so on. “Whiplash” is not a medical term as such, although most people will recognise that it relates to an injury to the neck. It is often caused by the physical forces involved in causing a person’s head to be “thrown” forwards and backwards, usually as a result of the vehicle stopping (or moving) suddenly, and with the body being restrained by a seatbelt. It really involves the ligaments in the neck being sprained. “True” whiplash is very painful. Other complications can arise, for example injuries to the neck bones (vertebrae) and the nerves, hearing and optical and jaw problems. Some people have symptoms lasting a few days - others a few months. Some people never recover. Therefore when you see “examples” of awards for whiplash claims made by solicitors for their supposed “clients” and hear other people speak about what they received on their claim, (usually “pub talk”) treat it with a pinch of salt. Claiming compensation can take time, and needless to say click accidents would be happy to deal with the claim. In childrens’ claims it is pretty much an essential requirement as Court proceedings will always be needed – either to properly sue your wife, or to obtain Court approval to any settlement reached with the insurers as to damages. -- http://www.clickaccidents.co.uk
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