If you are considering claiming compensation for whiplash injuries, this guide will discuss the eligibility criteria your case must meet in order to have a valid road traffic accident claim.We will also explain how the Whiplash Reform Programme may affect your claim.
Additionally, we will share examples of the different types of road traffic accidents that could lead to you suffering from whiplash. This guide will also explain the different heads of loss that could form your compensation settlement and how your injuries may be valued.
Furthermore, we will provide a list of evidence that you could potentially collect to help support your claim. We will end this guide by looking at how one of our solicitors could help you with claiming compensation on a No Win No Fee basis.
If you have any questions regarding the personal injury claims process, you can contact our advisors. They can also provide you with free advice for your whiplash compensation claim, to connect with them today, you can:
- Call 0800 073 8802
- Send an enquiry online to receive a callback.
- Or use the live chat pop-up to ask a question.
Choose A Section
- When Are You Eligible To Make A Whiplash Injury Claim?
- What Types Of Accidents Could Lead To You Claiming Compensation For Whiplash Injuries?
- Potential Whiplash Claim Amounts – What Could You Receive?
- Evidence That Could Help You When Claiming Compensation For Whiplash injuries
- Claim For A Road Traffic Accident On A No Win No Fee Basis
- Learn More About How To Claim For Whiplash
When Are You Eligible To Make A Whiplash Injury Claim?
Everyone who uses the road owes a duty of care to other road users to use the roads in a safe manner that prevents causing injury to themselves and others. This is their duty of care. They must also adhere to the rules and regulations within the Highway Code and the Road Traffic Act 1988.
To be eligible to make a personal injury claim if you have suffered whiplash in a road traffic accident, you will need to show:
- You were owed a duty of care by another user of the road.
- This duty was breached by the other road user.
- This breach caused you to suffer whiplash.
How Do The Whiplash Regulations Affect Your Claim?
The Whiplash Reform Programme changed the way that certain personal injury compensation claims are made in Wales and England for road traffic accidents. If you are a driver or passenger that is 18 years of age or older, who suffered injuries valued at £5,000 or less, your claim will now need to be made via a different avenue.
Additionally, your whiplash injuries will be valued in accordance with the fixed tariff within the Whiplash Injury Regulations 2021. Any additional injuries you are claiming for that are not included within this tariff will be valued traditionally. Furthermore, if the additional injuries you are claiming for bring the total value of your claim over £5,000, you will make your claim the traditional way but the whiplash tariff amounts will still apply.
You can contact our advisors with any questions you may have about claiming compensation for whiplash injuries as a car passenger or driver.
What Types Of Accidents Could Lead To You Claiming Compensation For Whiplash Injuries?
There are various ways that you could suffer from whiplash in a road traffic accident. Some examples include:
- The driver behind you fails to pay attention to the road and crashes into the back of your car while waiting at a red light. As well as whiplash you suffer a back injury.
- Being hit by a drunk driver while as a passenger in a taxi could cause you to suffer severe whiplash injuries as well as an arm injury.
- A speeding driver fails to come to a stop in time at a junction and they crash into your vehicle. You suffer a shoulder injury as well as whiplash.
These are only a few examples of accidents that could lead you to claiming compensation for whiplash injuries. To check the eligibility of your case, you can contact a member of our advisory team.
Is There A Time Limit When Making A Whiplash Claim?
The standard time limit for starting a road traffic accident claim is three years as outlined in The Limitation Act 1980. This runs from the data of the accident. There are some exceptions to this time limit:
- If the claimant is under 18 years of age, the three year time limit is paused until their 18th birthday. Then, they will have three years from this date to begin the claiming process.
- If the claimant has lacks the mental capacity to start a claim, the limitation period will be paused indefinitely. The time limit will only be reinstated if they were to regain this capacity, and would run from the recovery date.
In both instances while the limitation period is paused, a court-appointed litigation friend could start the claiming process on their behalf.
For more information regarding the time limits when claiming compensation for whiplash injuries, you can contact our advisors.
Potential Whiplash Claim Amounts – What Could You Receive?
When claiming compensation for whiplash injuries, it can be possible to receive two heads of loss as part of your compensation settlement.
General damages is the first head of loss and is awarded in all successful cases. It compensates you for the pain and suffering your road traffic accident injuries have caused you to experience, including both mental and physical injuries.
How much compensation you could receive under this head of loss will depend on a variety of factors. However, those responsible for valuing your injuries may refer to the Judicial College Guidelines (JCG) for help. Within the JCG is a list of compensation guidelines for different injuries. We have used some of these entries for the following table, except for the first entry.
Additionally, the last two entries have been be taken from the fixed tariff within the Whiplash Injury Regulations 2021.
Compensation Guidelines
| Type of Injury | Severity | Compensation Guidelines | Notes |
|---|---|---|---|
| Neck | Severe (i) | In the region of £148,330 | Injuries that result in little to no neck movement despite wearing a collar 24/7, or an injuries that results in permanent spastic quadriparesis or incomplete paraplegia. |
| Neck | Severe (ii) | £65,740 to £130,930 | Serious fractures and damage to discs in the cervical spine causing substantial loss of movement. |
| Neck | Severe (iii) | £45,470 to £55,990 | Dislocations, fractures and severe soft tissue injuries that leads to significant disability and chronic conditions. |
| Neck | Moderate (i) | £24,990 to £38,490 | Injuries that cause immediate severe symptoms and may necessitate spinal surgery, such as dislocations or fractures. |
| Neck | Moderate (ii) | £13,740 to £24,990 | Soft tissue, disc lesion or wrenching-type injuries causing serious limited movement, reoccurring pain and the risk of potential surgery. |
| Neck | Moderate (iii) | £7,890 to £13,740 | Injuries that may accelerate or exacerbate a pre-existing condition over a shorter period of time, such as under 5 years. |
| Whiplash Tariff | 1+ whiplash injuries with 1+ psychological injuries | £4,345 | A duration of no less than 18 months but no more than 24 months |
| Whiplash Tariff | 1+ whiplash injuries | £4,215 | A duration of no less than 18 months but no more than 24 months |
Special Damages For Whiplash Claims
As well as general damages, you may also be awarded special damages when claiming compensation for whiplash injuries. This provides you with compensation for the costs and financial losses you have experienced due to your whiplash. It is essential to provide documented proof such as receipts or invoices that show these costs.
Some examples of financial losses that could be compensated for in road traffic accident claims include:
- A loss of earnings, both past and future.
- Medical expenses, such as paying for physiotherapy or prescriptions.
- Incurred travel expenses.
- Care costs if you required help with daily tasks such as cooking and cleaning.
To see whether you could be eligible to claim compensation for your whiplash injuries, you can contact our advisors.
Evidence That Could Help You When Claiming Compensation For Whiplash Injuries
When claiming compensation for whiplash injuries, you will need to gather evidence that supports your case. It needs to demonstrate your injuries and how another road user was liable for them.
Examples of evidence that could be used to support whiplash claims include:
- CCTV or dashcam footage of the car accident.
- Medical evidence of the injuries you suffered and your whiplash symptoms, such as your medical records.
- Photographs of the accident scene and any visible injuries you suffered.
- The contact details of any witness as they may be able to provide a statement later on.
These are only a few examples. If you would like to learn more about how a solicitor could assist with gathering additional evidence for personal injury claims, please speak to our team.
Claim For A Road Traffic Accident On A No Win No Fee Basis
A personal injury solicitor of ours may be able to help you with claiming compensation for whiplash injuries, provided that you have a valid claim. Additionally, they may offer you a form of No Win No Fee contract known as a Conditional Fee Agreement (CFA).
There are various advantages to making a personal injury claim under this arrangement, such as:
- No upfront service fees to pay to your solicitor.
- No ongoing fees to pay for your solicitors work.
- Unsuccessful whiplash injury claims are not required to pay a fee to their solicitor for the work they provided.
- Should the case be successful, a small percentage will be taken from your compensation by your solicitor. This is referred to as a success fee, and there is a legal cap in place that limits the amount this percentage can be.
Contact Us
If you still have any questions about claiming compensation for whiplash following a car accident, you can contact our advisors. They can also offer you free advice for your whiplash compensation claim and may connect you with one of our personal injury solicitors.
To connect with them today, you can:
- Call 0800 073 8802
- Send an enquiry online and receive a callback.
- Or use the live chat to ask a question.
Learn More About How To Claim For Whiplash
Additional guides by us:
- Guidance on making a taxi accident claim and the potential compensation you could receive.
- Advice on claiming as a pedestrian hit by a car and the eligibility criteria you must meet.
- Information on when you could make a claim if you were a cyclist hit by a car within this guide.
Further external resources:
- Information regarding whiplash from the NHS.
- Guidance and advice for road users from Think!
- Information on reported road collisions in Great Britain from Gov.UK.
Contact our advisors today if you have any additional questions regarding claiming compensation for whiplash injuries.
