No Win, No FeeIf you’ve suffered a whiplash injury due to someone else’s negligence, you could be entitled to claim compensation for your pain and suffering.
It’s important to note that whiplash claims aren’t limited to drivers. Passengers in cars, cyclists, motorcyclists, and even pedestrians involved in road traffic accidents can also seek compensation if their injuries were caused by someone else’s negligence.
Call us now on 0800 652 1345 if you’d like to discuss starting a whiplash compensation claim. Alternatively, to learn more about when you could be compensated, please continue reading.
Am I Entitled to Compensation for Whiplash?
To make a personal injury claim for whiplash following a road traffic accident, you’ll need to show that:
- Another road user breached their duty of care (as established by the Road Traffic Act 1988); and
- Their breach led to a road traffic accident; and
- You suffered whiplash in that accident.
If all three points above are true, you may be able to sue the other driver. Usually, your claim will be made against their motor insurance policy.
Later on, we’ll look at what proof you can use to support your claim. Before we do, we’ll look at the new laws that govern how lower-value whiplash claims are handled.
Law Changes for Whiplash Compensation Claims
On 31st May 2021, the government introduced new laws relating to how some whiplash claims are dealt with. As part of these reforms, the government has set a tariff that links the duration of your injury to the amount of compensation you can claim. The idea is to prevent fraudulent whiplash claims, reduce exaggerated claims and, as a result, lower motor insurance premiums.
The new laws mean that:
- Soft tissue injuries and whiplash claims now have a fixed amount of compensation based on the severity of the injury. The amount is lower than it was previously.
- If the value of the claim is less than £5,000, the claimant can no longer recover their legal fees from the defendant.
- Some other minor injuries from road traffic accidents (such as cuts, bruises and minor fractures) are covered by these new laws.
- Claimants can use an online portal to manage low-value whiplash claims themselves without the need for legal representation.
As a result of these new laws, it isn’t cost-effective for personal injury solicitors to take on some claims. However, it can be quite tricky to properly value your claim yourself. For that reason, we would suggest that you contact our advisors in the first instance. If we believe the value of your claim is below the £5,000 threshold, we’ll explain how to process the claim yourself online. Otherwise, one of our solicitors may be asked to review your claim to see if it is viable.
Importantly, these new laws only cover drivers and passengers in cars who have suffered whiplash. If a vulnerable road user (cyclists, pedestrians etc) are injured in an RTA, a normal personal injury claim would be possible.
If you’d like to check which type of whiplash claim you should make, please call our team for free advice today.
Common Examples of Whiplash Injury Claims
Common scenarios where you might claim compensation for whiplash include:
- Car Accidents: Whiplash is commonly caused by rear-end collisions where the force of impact jerks the neck suddenly.
- Motorcycle Accidents: Riders or pillion passengers may suffer whiplash from abrupt impacts with other vehicles or objects.
- Cycling Accidents: Collisions with motor vehicles or falls caused by hazardous road conditions can lead to whiplash injuries.
- Public Transport Incidents: Sudden stops or crashes involving buses can cause passengers to sustain whiplash.
Essentially, if your whiplash injury was caused by someone else’s negligence, such as careless driving, you may be entitled to claim compensation.
What Evidence Do I Need for a Whiplash Compensation Claim?
To help prove you’ve suffered whiplash and improve your chances of winning a whiplash compensation claim, you could provide proof such as:
- Medical Records: Proof from your GP or a hospital to confirm a whiplash diagnosis.
- CCTV or Dashcam Footage: This would make it easier to show how the car accident occurred.
- Photos: It’s also a good idea to take as many pictures at the accident scene as possible. Ideally, you should safely do so while all of the vehicles are still in situ.
- Witness Details: In case your solicitor needs a statement to try and counter any objection relating to liability.
- Other Driver’s Details: It’s important to swap details with the other driver. You should try to get their name, insurance details, contact details and registration number.
- Police Reference Numbers: If the police attended your accident, ask for a reference number.
- A Diary: This can help you to record events that your injuries prevented you from attending, the days you couldn’t work and any expenses you incurred.
As part of our free case review, an advisor will look through any proof for your whiplash claim you have available and suggest anything else that might be needed.
How Will My Solicitor Know How Serious My Whiplash Is?
Whiplash claims typically require a report from an independent medical assessment. Your solicitor can usually make a local appointment with a medical specialist for this so that you don’t need to travel too far.
During your meeting, the specialist will talk with you about how any problems your injuries have caused. Then they’ll examine you and check your medical records. Once they have finished, they’ll submit a report to all parties involved in the claim to explain your prognosis.
What Is the Time Limit to Make a Whiplash Injury Claim?
As you may already know, there is a 3-year time limit for most personal injury claims in the UK. For whiplash claims, this is most likely to begin from the date of the accident.
Although 3-years is quite a long time, we’d advise that it’s often best to begin the claims process sooner rather than later. By doing so, you’ll find it a lot easier to recall the events leading up to the accident. Also, you’ll give your solicitor plenty of time to arrange for medical reports and evidence to be collected.
What If My Child Sustained Whiplash in an Accident?
In the UK, children cannot take legal action themselves until they turn 18. However, a process allows parents or responsible adults to act on their behalf if compensation is needed before then. By becoming your child’s litigation friend, you can instruct a solicitor and manage a whiplash injury claim for them.
The claims process is largely the same as it would be for an adult. The key difference is that any compensation awarded will usually be held in a court-approved trust fund until your child’s 18th birthday. In certain circumstances, you can apply to the court to release funds early if they are needed for the child’s immediate benefit, such as covering medical costs or educational needs. However, this requires court approval to ensure the funds are used appropriately.
How Much Compensation for a Whiplash Can I Claim?
When whiplash compensation claims are made, the idea is that any settlement will help you to get back to the same position you were in before the accident occurred. The two heads of loss that you could claim for are general damages (based on the pain your injuries caused) and special damages (based on any costs you’ve incurred). Each claim is different but, generally, you could claim compensation for any of the following:
- The pain and suffering caused by your injuries.
- Loss of amenity i.e. any loss of enjoyment of hobbies or activities you couldn’t participate in because of your symptoms.
- The time a loved one spent caring for you while you were recovering.
- Rehabilitation and medical expenses.
- Travel expenses.
- The cost of replacing any personal property that was damaged during the accident.
When pursuing a whiplash compensation claim you should get legal advice from a solicitor specialising in whiplash claims. This way they can go over every detail with you and then come to a compensation figure that they believe you would be entitled to.
Can I Claim for Loss of Earnings Due to My Whiplash Injury?
Any earnings lost because of your whiplash injuries could be covered by your settlement if you make a successful whiplash injury claim. As such, you should provide bank statements, wage slips or other documents to prove your losses.
Crucially, your claim could also factor in any expected overtime and bonuses you’ve missed out on because of your injuries.
Can I Claim Compensation for Psychological Distress?
Any type of road traffic accident can lead to emotional distress. Firstly, the accident itself can lead to flashbacks and nightmares or you might become anxious when driving in the same location.
Secondly, the pain and suffering caused by whiplash or the fact that it prevents you from carrying on as normal can lead to stress or depression.
As such, a psychological injury that can be proven by a medical specialist and linked to your accident could be considered if your whiplash compensation claim is successful.
Will I Need a Solicitor to Claim Whiplash Compensation?
We believe a personal injury solicitor can increase the chances of you winning your whiplash claim and being compensated fairly. To allow as many people to benefit from their legal skills and experience, our solicitors provide a No Win, No Fee service for all claims they take on.
That means that:
- You don’t pay solicitors’ fees in advance.
- There are no solicitors fees payable if your claim fails.
- The claims process is a lot less stressful.
All of this will be confirmed in a contract called a Conditional Fee Agreement (CFA). The CFA will also explain that a success fee will be deducted from your compensation if your claim is won. This is a fixed percentage of up to 25% of your settlement (capped by law).
To see if one of our No Win, No Fee solicitors could represent you, please get in touch today.
Whiplash Claims Frequently Asked Questions
Can I Claim If I Sustained Whiplash as a Passenger in a Vehicle?
As a passenger, you may have the right to seek compensation for whiplash injuries sustained in an RTA, regardless of who caused the accident. For instance, if your vehicle was hit from behind you could claim against the other driver’s insurance policy. However, if the driver of your vehicle was to blame for your injuries, you could claim against their insurance.
Can I Make a Claim If My Whiplash Was Caused by a Hit and Run?
If you suffered whiplash in a hit-and-run accident, you might still be able to pursue a compensation claim. In the UK, the Motor Insurers’ Bureau (MIB) helps victims of uninsured or hit-and-run drivers.
If you are to claim, you will need to have reported the incident to the police and provide as much information as you can about the other vehicle to the MIB.
They will investigate and determine if you’re eligible for compensation and consider factors such as the severity of your whiplash by referring to medical records and reports.
What if My Whiplash Injury Exacerbated a Pre-Existing Medical Condition?
If you already had a back, shoulder or neck injury that was made worse after suffering a whiplash injury, the additional suffering you’ve endured could also be claimed for.
An insurer is likely to try and reduce the level of liability for your suffering by contesting your case so it’s worth taking on legal representation from a specialist solicitor if you wish to claim on this basis.
Start a Whiplash Compensation Claim Today
If you’ve decided to take action and claim compensation for your whiplash injuries, we’re ready to help. The easiest way to begin is to call our team on 0800 652 1345. During your call, we’ll review your case and provide free legal advice about your options.
You’ve reached the end of this article about whiplash claims so if you have any additional questions, please use live chat to get in touch or arrange a free claims consultation here.
