This article will discuss when you can claim for whiplash after a car accident. There are certain criteria that must be met in order to make a personal injury claim, which we will explore further in this guide.
Can I Claim For Whiplash After A Car Accident?
Additionally, we will explore the changes brought in by the Whiplash Reform Programme, which affects how certain road traffic accident claims are made.
We will also provide information about whiplash claim amounts and how compensation payouts are calculated.
Furthermore, we will also explain how the road traffic accident solicitors on our panel may be able to help you claim without having to pay upfront or ongoing fees for their services.
Keep reading this car accident personal injury guide to learn more. Alternatively, you can use the details below to contact our advisers, who can answer questions relating to your potential claim. This consultation is free, so you can use it to ask more detailed questions about how to claim for whiplash following a road traffic collision. To reach them today, you can:
- Call 0113 460 1216
- Complete our ‘Claim Online’ form
- Use the live chatbox below to speak to an adviser
Jump To A Section
- When Can You Claim For Whiplash After A Car Accident?
- How Much Could You Claim For Whiplash?
- Examples Of Driver Negligence
- How To Claim For Whiplash – Potential Evidence
- Use Our Panel Of Car Accident Claim Solicitors To Claim On A No Win No Fee Basis
- Learn More About How To Claim For Whiplash After A Car Accident
When Can You Claim For Whiplash After A Car Accident?
You may be eligible to claim for whiplash when you can show that another driver was at fault for the road traffic accident. A piece of legislation called The Road Traffic Act 1988 is key in this regard, as it lays out the duty of care owed on the road. Additionally, The Highway Code contains useful guidance for all road users.
Specifically, you may be eligible to make a whiplash injury claim when you can show another driver’s negligence contributed to the accident. Negligence involves the following:
- A road user owed you a duty of care
- They breached that duty of care
- As a result of this breach, you sustained physical or psychological harm.
Speak to our advisers if you have further questions when you could claim for whiplash and other information you may need to know about road traffic accident claims.
How Much Could You Claim For Whiplash?
A successful whiplash claim can involve up to two heads of claim. One head of claim, called special damages, aims to reimburse you for the financial losses caused by your injuries. This can include loss of earnings, care costs and medical expenses. However, you should collect evidence of these losses when claiming them back, such as payslips and receipts.
The other head of claim, called general damages, is intended to help compensate you for the pain caused by your injuries. You may use a car accident claims calculator to estimate how much compensation you could receive. Alternatively, you can use the table below.
This has been created using guideline compensation figures from the Judicial College Guidelines (JCG). Solicitors can use these figures to help them assess how much an individual could receive in general damages.
The Whiplash Reform Programme implemented a fixed tariff system for whiplash and soft tissue injuries. Some of these entries have been included below.
While all these entries form a part of the Judicial College’s guidance, the last four entries are dictated by The Whiplash Injury Regulations 2021. We will provide more detail on this legislation in the following section.
| Injury | Amount | Further Information |
|---|---|---|
| (i) Severe Neck Injuries | In the region of £148,330 | Associated with incomplete paraplegia or causing spastic quadriparesis that's permanent. |
| (ii) Severe Neck Injuries | £65,740 to £130,930 | Usually involving serious damage or fractures to cervical discs. |
| (iii) Severe Neck Injuries | £45,470 to £55,990 | Severe soft tissue damage, fractures and dislocations that create chronic conditions and a significant permanent disability. |
| One or More Whiplash Injuries and One or More Minor Psychological Injuries | £4,345 | Lasting longer than 18 months, but not more than 24. |
| One or More Whiplash Injuries | £4,215 | Lasting longer than 18 months, but not more than 24. |
| One or More Whiplash Injuries and One or More Minor Psychological Injuries | £3,100 | Lasting longer than 15 months, but not more than 18. |
| One or More Whiplash Injuries | £3,005 | Lasting longer than 15 months, but not more than 18. |
Do The Whiplash Reforms Apply To Me?
The Whiplash Reform Programme stipulates that adult passengers and drivers suffering whiplash or soft tissue injuries valued at £5,000 or less must make their claim through the government’s Official Injury Portal. This type of injury is valued in line with the tariff established in the Regulations 2021 mentioned above.
If, however, these individuals sustain other injuries that take the claim’s value over £5,000, it does not have to be directed through the portal. However, the tariff itself would still apply to any whiplash or soft tissue injuries included in the claim. Injuries not included in this tariff are valued in the traditional way.
It should be noted that even individuals who do not need to claim through the portal, such as passengers and drivers under 18, may still have the tariff applied to whiplash and soft tissue injuries. This is because it applies to all occupants inside a vehicle.
Speak to our advisers if you have questions about how the Whiplash Reform Programme may affect the manner in which you claim for whiplash after a car accident.
Examples Of Driver Negligence
The following are some examples of driver negligence:
- A driver under the influence of alcohol could collide with another road user
- One driver could speed through a red light, colliding with another vehicle and causing both driver and passenger an injury
- A driver could be texting and fail to see the car in front of them has come to a halt, leading to a rear-end collision
Speak to our advisers if you’d like help establishing whether negligence contributed to the accident in which you sustained harm. They can provide more information about the car accident claims process.
How To Claim For Whiplash – Potential Evidence
Certain pieces of evidence can help support your road accident claim. For instance, it may benefit your case to collect:
- Photographs of the scene
- CCTV footage or dash cam footage showing the accident
- Contact details for any witnesses
- Copies of your medical records
We’d like to note that, in addition to other services they provide, solicitors for car accident claims can help you gather this kind of evidence. Contact our advisers to learn more.
Is There A Time Limit When Making A Road Accident Claim?
You must begin a road traffic accident claim within 3 years of the accident. Alternatively, you may also claim within 3 years of connecting the incident to negligence.
There may be exceptions to these time limits, such as when the accident involves injured children or adults without the capacity to claim. Speak to our advisers if you’d like to know more about how the time limit may be suspended in certain scenarios.
Use Our Panel Of Car Accident Claim Solicitors To Claim On A No Win No Fee Basis
The solicitors on our panel may be able to help you with various aspects of the road traffic accident claims process. Furthermore, they can offer the services under a specific kind of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
By using this No Win No Fee service, you generally wouldn’t have to pay for your solicitor’s services if your claim fails. Instead, they would take a success fee at the end of a successful claim. This fee is subject to a legislative cap.
Contact our advisers if you have questions not answered in this car accident claim guide. They can provide information about the process of beginning a whiplash claim. Furthermore, they may be able to put your case to a solicitor from our panel.
To learn more:
- Call 0113 460 1216
- Complete our ‘Claim Online’ form
- Use the live chatbox below to speak to an adviser
Learn More About How To Claim For Whiplash After A Car Accident
Other guides we’ve written:
- I Was Hurt In A Hit And Run Car Accident – Can I Claim?
- What Goes Into Making a Taxi Accident Claim?
- I Had An Accident On Public Transport, Can I Make A Claim?
Related information:
- Making An MIB Claim – Motor Insurers’ Bureau information about claiming against an uninsured or unidentified driver
- Brake – Charity dedicated to stopping road deaths and injuries
- Whiplash – NHS resource about the signs and symptoms of whiplash
Thank you for reading this article about how to claim for whiplash after a car accident. Contact our advisers if you have further questions.