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I slipped on some diesel and crashed into the back of another car but my insurer says as the accident was my fault I cannot claim for my whiplash injuries...
I crashed my car into a van that was stopping, after skidding on what looked like diesel on the road. I hit it from behind. After the accident I felt 'jittery' but carried onto work but the next day I started to feel stiff, and from then, I have been in quite a bit of pain. I went to see my GP who said I have severe whiplash that radiates down my left arm and maybe torn ligament damage/soft tissue damage in my trapeze! He has made an urgent referral for physio and put me on Tramadol and naproxen for the pain. However, my insurance has said that although I have legal expense insurance and am fully comprehensive on my motor insurance I cannot claim as it will be classed as my fault and I cannot claim against myself! Is this correct? I genuinely have hurt myself and feel quite let down by my insurers.
Technically you are responsible as you crashed into another vehicle and therefore it would not be possible to claim for your injury but if police believe the accident resulted directly from a skid on the diesel spillage then it may be possible to bring a claim under the untraced drivers scheme of the Motor Insurers Bureau.
This route has been taken successfully in a number of motorcycle cases and is sometimes successful if the accident took place in the immediate proximity of a garage where trucks in particular often overfill when they charge their tanks.
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