How To Claim For Whiplash Following A Road Traffic Accident

You may be wondering how to claim for whiplash after being involved in a road traffic accident caused by a breach of duty of care. If so, this guide could help you.

Road users owe one another a duty of care, which means that they have a responsibility towards others who use the road. If this is breached, it could cause injury and you could be entitled to claim compensation. 

how to claim for whiplash

A guide on how to claim for whiplash

We will examine the different ways in which claims will be valued. This guide will also explain some of the ways that you could sustain whiplash as a result of negligence on the road. Moreover, we will look at the steps you can take to make your case stronger, such as gathering evidence. 

Lastly, the benefits of road traffic accident solicitors will be explored, and how accessing their services on a No Win No Fee basis could be beneficial. If you would like to speak to an advisor from our team, you can do so today. They would be happy to help you 24 hours a day, 7 days a week. To get in contact: 

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How To Claim For Whiplash After A Road Traffic Accident

To be able to make a road traffic accident claim, you must have been injured due to the negligence of another road user. The Road Traffic Act 1988 and The Highway Code set out this duty of care and explain the ways in which drivers are expected to act. 

Below, we have included some examples of how a road traffic accident may occur as a result of negligence: 

  • A lorry driver does not check their mirrors properly before changing lanes. As a result, they hit the side of your vehicle, and you crash, sustaining a back injury
  • Another road user drives around the roundabout in the wrong direction and collides with your vehicle head-on. Consequently, you sustain a whiplash injury.
  • Another road user ignores a red light and tries to cross a junction while you are travelling through. Subsequently, they hit you, and you suffer a neck injury and whiplash. 

You may have been involved in a similar scenario and are wondering how to claim for whiplash. Please do not hesitate to get in touch with our advisors for guidance on the claims process.

Evidence When Making A Claim For A Whiplash Injury

The importance of proving that you were injured as a result of another driver’s breach of duty has already been stated, but how can you do this? Gathering evidence is one of the most effective ways of supporting your claim. Here are some examples of evidence that you can gather: 

  • Take pictures of the scene of the accident and of your injuries, if appropriate
  • Log symptoms, treatments and their impact on lifestyle in a diary. This could be useful in demonstrating mental harm.
  • Gather CCTV footage of the incident 
  • Gather witnesses’ contact details for statements to be taken at a later date 

The car accident claim solicitors from our panel could help you gather evidence if needed. Please do not hesitate to speak with an advisor from our team who could connect you with one. 

What Car Accident Compensation Could You Receive?

The car accident compensation that will be awarded for a successful claim may be made up of two different kinds of damages. Firstly, you could be awarded general damages to compensate for any pain and suffering that is brought on by your injuries. This is applicable to physical and psychological injuries. 

We have included a table of compensation brackets that have been taken from the Judicial College Guidelines (JCG). The JCG is a document that legal professionals use to assist them when valuing claims. 

However, these potential compensation amounts should only be used as a guideline. This is because every personal injury claim is unique, and your payout could be different. 

Compensation Amounts

Injury NotesCompensation Amount
One or more whiplash injuriesSymptoms last between 18-24 months. £4,215
One or more whiplash injuries with one or more psychological injuriesSymptoms last between 15-18 months. £3,100
BackSevere (i) - The most severe of injuries involving damage to the spinal cord and nerve roots that causes serious consequences. £91,090 to £160,980
BackSevere (ii) - Injuries such as nerve root damage connected with symptoms like the loss of sensation or hindered mobility. £74,160 to £88,430
BackSevere (iii) - Injuries such as disc lesions or fractures of discs that lead to chronic conditions that cause disabilities. £38,780 to £69,730
BackModerate (i) - Injuries such as compression or crushing to the lumbar vertebrae which causes ongoing pain and discomfort. £27,760 to £38,780
NeckSevere (i) - Connected to incomplete paraplegia or causing continuing spastic quadriparesis. In the region of £148,330
NeckSevere (ii) - Significant disability could occur as a result of permanent brachial plexus damage or loss of movement in the neck/limbs £65,740 to £130,930
NeckSevere (iii) - Injuries that lead to chronic conditions and continuing disability of a considerable level.£45,470 to £55,990
NeckModerate (i) Injuries that lead to serious immediate symptoms and could necessitate spinal fusion. £24,990 to £38,490

Secondly, you could be awarded special damages for any financial harm that is incurred as a result of your injuries. For example, this could include: 

  • Loss of earnings 
  • Home adaptations 
  • Care costs 
  • Medical expenses 
  • Travel costs 

An advisor from our team can provide you with a more personalised estimation of how much compensation you could be owed if you get in touch. 

How To Claim For Whiplash And Minor Injuries

In this section, we will explore how to claim for whiplash and how this process has changed. As set out by the Whiplash Reform Programme, a claim for injuries that are valued under £5,000 must be made in a different way. This is only applicable to drivers and passengers over the age of 18. 

The Whiplash Injury Regulations 2021 contain tariff amounts for low-value whiplash injuries. If your injuries don’t appear in this tariff, they could still be valued using traditional methods.

If the overall value of your claim is higher than £5,000, then your claim will be made the usual way. This tariff may still be applicable to injuries in claims that aren’t made through the portal, however.

Please speak with an advisor from our team for more details in terms of how to claim for whiplash. They are on call at all times to offer you free advice. 

Use Our Panel Of Solicitors To Make A Whiplash Injury Claim

The car accident claim solicitors from our panel generally work on a No Win No Fee basis. They could offer for you to enter a  Conditional Fee Agreement (CFA).  which eliminates the requirements for you to make any payments upfront or while your claim is ongoing. 

If you work with a lawyer on this basis, there are generally no fees to be paid upfront or while your claim is ongoing. Moreover, you only have to pay for the services your solicitor provides if your case is successful. If your claim is not a success, no payment is required for the work they’ve done. 

In the event of a successful claim, a capped-by-law success fee will be subtracted from your compensation by your solicitor. 

An advisor from our team can assess your claim and tell you whether you qualify to be represented by one of the road traffic accident solicitors from our panel. To get in touch: 

Learn More About How To Claim For Whiplash

Here we have included some more of our own guides that might be useful in regard to a road traffic accident claim: 

Additionally, we have included further reading that may be useful to you: 

Thank you for reading this guide on how to claim for whiplash. If you have any other questions, please speak with an advisor from our team.

Publisher Fern Stringer

Writer Beck Patch