My partner was pulling out of our drive on the main road this morning and a woman came speeding down the road and hit the car . Fortunately it was only the bumper has been damaged but are still unsure of the extent of the damage . She had a small force and paint transfer on it . Well from what people have said , it seems that my partner will end up being blamed as he was leaving and he did not see . He hurt his knee and has been complaining of headaches. He's gone to work, but is committed to go to ae tonight when finished. We discovered after talking to our insurance company that she is with the same people and the hope that was quickly sorted .
We wondered if he was at fault for the accident, would be able to claim for whiplash or not ?
If your question is, can claim a solution to their injuries , the answer is no, because the file is in error and can not sue a claim or himself , that would be what I would be doing .
If you need to seek treatment and if your policy has medical expenses and / or PIP , they will pay the medical bills of his time . If no coverage is presented with either health insurance or do not have insurance, then pay out of pocket himself.
The only way you can claim for your injuries solution would be if they find that the woman is to blame , which is unlikely since he could not give the right of way to this lady .
It sounds from your question that your partner is probably at fault . He can claim compensation (actual ) damages and medical expenses incurred , but punitive damages , such as pain and suffering are probably out of the question .
He is totally to blame as he was pulling out into the road and should been paying more attention to what was coming along. Using the excuse she was speeding will make no difference. You may well find a claim against your partner for not using due care and attention.