Whiplash Claims Guide
Dealing with a whiplash injury can be a real pain – both literally and figuratively. At Lawhive, we get that legal stuff can be a bit daunting, and we're here to help you navigate the whiplash claims process.
In this guide, we'll answer the most frequently asked questions about making a whiplash claim including:
Our mission is to make sure you have the best chance of getting the compensation you deserve without the headache. So, buckle up (pun intended), and let's dive into the world of whiplash claims together.
What is whiplash?
Whiplash happens when your neck is suddenly jolted, causing damage to the ligaments.
Whiplash usually gets better within a few months. However, in severe cases, it can be permanent.
What are the symptoms of whiplash?
Whiplash symptoms typically include:
The symptoms of whiplash don’t always come on straight away. Sometimes, it might take several hours for them to appear after the neck injury occurs. If you experience any of these symptoms following a traffic accident or slip, trip, or fall, seek medical attention for proper diagnosis and treatment.
What are the common causes of whiplash?
Whiplash is often associated with rear-end car accidents, even at low speeds. However, it can also happen due to sports accidents, physical abuse, or other traumas, like a fall.
How is whiplash diagnosed?
Whiplash isn’t always visible on imaging tests, which can make diagnosis difficult. Often, doctors may order tests such as X-rays, CT scans, and MRI scans to rule out other conditions that could contribute to your neck pain before making a diagnosis.
The challenge with whiplash is its potential for abuse. Diagnosis relies heavily on the patient’s honesty. And because symptoms may take hours to develop, this delay can be exploited by dishonest individuals who claim this was the reason they didn’t report the injury immediately after the accident.
How is whiplash treated?
Most whiplash injuries typically heal on their own within a few weeks or months. However, severe whiplash may have a prolonged recovery period with persistent and painful symptoms impacting daily life.
If you suspect a whiplash injury, the best course of action is to consult with your GP straight away. Even if symptoms don’t immediately appear, it’s possible the injury could be more severe than initially thought. An early medical diagnosis of whiplash can make sure you get the appropriate treatment, including medication, treatment, or psychological support.
Early diagnosis and treatment of whiplash can also strengthen your claim should you choose to make one.
Am I eligible to make a whiplash claim?
If you experienced a whiplash injury in an accident within the last three years, and it was someone else’s fault, you may be able to claim compensation.
This also applies to children under 18 at the time of the accident, who can claim until their 21st birthday if they choose to do so after turning 18.
Can I make a whiplash claim if I was a passenger?
Yes, you have a right to make a whiplash claim whether you were the driver or a passenger, provided the accident occurred within the last three years and it was someone else's fault.
Can I make a whiplash claim if the other driver wasn’t insured or can’t be traced?
Yes, there is a specific system in place to address road traffic accident injuries, including whiplash, if the other driver is uninsured or can’t be traced. In these cases, your solicitor will present your claim to the Motor Insurers’ Bureau (MIB), an organisation that evaluates all injury claims arising from these situations, such as hit-and-runs.
How do I make a whiplash claim?
If you’ve experienced a whiplash injury, you may be able to claim compensation if someone else was at fault.
If you were involved in a road traffic accident, you should collect the personal and insurance details of all the drivers involved in the accident. If possible, you should do this at the scene, as well as take photographs and get the details of any witnesses. You should then contact your insurance company to inform them about the accident.
If you’re experiencing symptoms of whiplash, visit a doctor and make sure you keep any medical records related to your injuries, including prescriptions for medications.
If you have a legitimate whiplash claim, you will be able to initiate a claim with your insurer.
The Government has also introduced a new digital portal for making claims related to road traffic personal injuries valued under £5,000, including whiplash claims.
Can I make a whiplash claim if the accident was my fault?
If you are responsible for a car accident and you've suffered whiplash as a result, you can’t generally make a whiplash claim.
However, if your insurance policy includes personal accident cover, you may have alternative options. It’s recommended that you contact your insurer to discuss the available options if you’ve sustained whiplash in the course of an accident that was your fault.
How much compensation could I get from a whiplash claim?
The Whiplash Injury Regulations 2021 specify the compensation amounts for whiplash injuries based on their duration. Compensation amounts range from £240 to £4,215, depending on the length of the injury.
This assessment also takes into account whether the claimant took reasonable steps to minimise the impact or effects of the injury. For example, if they were wearing a seatbelt when the collision occurred.
Sometimes, the court may decide that the compensation amount for pain, suffering, and loss of amenities related to whiplash injuries can be higher than the standard tariff laid out in the regulations. Compensation amounts can be increased by up to 20% of the relevant tariff amount if whiplash is exceptionally severe or if the person's circumstances significantly increase the impact of the injury.
Example: Alex was involved in a car accident and suffered a whiplash injury that lasted 20 months. In the course of his whiplash claim, the severity of his pain, suffering, and loss of amenity is assessed. In this assessment, it is determined that the injury is exceptionally severe, and an uplift is applied.
The standard tariff amount for a 20-month whiplash injury is £4,345. Therefore, the maximum uplift Alex could receive is £869, resulting in a total compensation amount of £5,214.
How to prove a whiplash claim
Before settling a whiplash injury claim related to a Road Traffic Accident, you’ll need to provide “appropriate evidence of an injury”.
If you live in England and Wales, there are two ways to provide this evidence.
Fixed Cost Medical Reports from MedCo
MedCo is an organisation that maintains a database of accredited medical experts. Whiplash claimants can get a fixed-cost medical report from a medical expert who is recognised and approved by MedCo to provide reports specifically for whiplash claims.
Medical Reports From A Specialist Doctor
You can also provide a medical report from a doctor listed on the General Medical Council’s Specialist Register. This report should not relate to the whiplash injury but to another injury suffered on the same occasion as the whiplash injury. The report should identify this other injury as more serious than the whiplash.
If you live outside England and Wales, you need to provide evidence from a medical expert recognised by the country where they practice, confirming your whiplash injury with the necessary qualifications for diagnosis and prognosis.
Can a whiplash claim be refused?
Yes, an insurance company has the right to reject a whiplash claim if:
The government implemented stricter rules in 2021 to address the high number of whiplash claims. These changes aim to reduce the large number of whiplash claims made each year, encouraging genuine claims over potentially fraudulent ones.
That being said, despite stricter rules, an insurer should still process and assess a whiplash claim following the regulations.
What happens when I make a whiplash claim?
If you suffered whiplash as a result of an accident that was someone else’s fault, their insurance company might offer you a settlement outside of court. In these circumstances, you have the freedom to decide whether to accept or reject this settlement offer.
If the at-fault driver is uninsured, claiming compensation can be more complex, but not always impossible. You may be able to make a claim through the Motor Insurers’ Bureau (MIB), which helps in cases involving uninsured or untraceable drivers.
Do I need a solicitor to make a whiplash claim?
It is possible to handle a whiplash claim yourself to save on costs, however this approach typically requires more effort.
On the other hand, numerous legal firms in the UK (including Lawhive) can help you make a whiplash claim with the help of a personal injury solicitor. These firms often operate on a no-win, no-fee basis (sometimes called a conditional fee agreement), which means you only pay their fees if you receive a settlement.
Whether you choose legal assistance or self-representation, it’s important to do your research and understand fees in full.
Recent whiplash law changes
New rules have been implemented for small personal injury and whiplash claims resulting from road traffic accidents. These changes were effective from May 31st, 2021, and include:
An increase in the small claims general damages limit from road traffic accident injuries from £1,000 to £5,000;
Fixed compensation amounts for whiplash injuries;
For small claims up to £5,000, legal costs cannot be recovered from the other party and will be deducted from the compensation award;
The inclusion of some minor road traffic injuries as small claims;
Individuals can now make small road traffic accident claims online without the help of a solicitor.
These changes do not apply to pedestrians, cyclists, or other vulnerable road users involved in an accident. They also do not apply to claims for medical negligence, workplace accidents, or public accidents.
No win, no fee whiplash claims
At Lawhive, our whiplash claims solicitors work on a no-win, no-fee basis to help reduce the financial burden for claimants and make access to justice easier for everyone.
If you are considering making a claim, get in touch with our legal assessment team for a free, no-obligation case assessment.
How long do whiplash claims take?
The time frame for settling a whiplash claim can vary. If the claim is relatively simple, and your insurer can resolve it, settlements can often be reached in a few months.
However, for more complicated claims, the process may take longer. A case may be more complex if there are disputes over who is at fault, the extent of injuries, or difficulties in assessing damages.
How to reduce the effects of whiplash
There are some preventive measures you can take to minimise the risk of whiplash:
Don’t sit too close to the steering wheel to allow the airbag to deploy effectively while protecting your nose, face, hands, and chest;
Wear your seatbelt, regardless of whether you are in the front or back seat and regularly check seatbelts for damage;
Make sure that your head restraint is positioned correctly. It should align with the top of your head, and be as close to the back of your head as possible.
What are my chances of success in a whiplash claim?
Understandably, you may want to know your chances of success before making a whiplash claim. However, it is hard to determine an exact settlement figure due to variations in the circumstances of each case.
That being said, having a specialist whiplash lawyer on your side, who can advocate for you and make a claim on your behalf, can increase your chances of success providing you have a solid, genuine case.
For more information on this, get a free case assessment from our legal assessment team.
How are whiplash claims assessed?
Whiplash claims are assessed by first looking at the accident including:
Vehicle speed;
Vehicle direction;
Whether seatbelts were worn;
Whether or not the airbag deployed;
The position of the headrest;
Whether or not medical restraints were used after the accident.
The second step is to look at medical needs, appointments, assessments, treatments post-accident, and any pre-existing conditions that may have exacerbated the situation.
Your whiplash claim solicitor will arrange for you to undergo a medical assessment to collect all evidence and build your case.
If the other party refuses to admit fault, negotiations will begin. If these negotiations fail, the case may go to court, however, this is typically a last resort, and the majority of claims are settled without court involvement.
Why choose Lawhive for your whiplash claim?
Our personal injury solicitors have extensive expertise in dealing with whiplash claims. This experience allows us to quickly and easily determine if you have grounds for a whiplash injury claim.
To start your claim, you can contact us online for a free case assessment. This is a no-obligation assessment, which will help you understand if you could pursue a whiplash claim and your options moving forward.
Should you decide to go ahead, our friendly legal assessment team can help you get started by connecting you with the best personal injury solicitor for your whiplash claim case who can operate on a no-win, no-fee basis.